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Attempted to buy a gun at bass pro this weekend. Don't usually buy there but they had a good deal on a cheap heritage rough rider single action .22. Heard mostly good things and kinda went for this on a whim. Anyway NICS was down saturday but I gave my 4473 info and they put it through on sunday and was informed it was a "delay". I expected as much as it's happened before. Anyway today is day 3 so I call to inquire and they say still no answer, I ask if I can come pay for it tomorrow as 3 days are up. Kid on the phone says no, they have to wait for an approval. Apparently Bass Pro caved to pressure to not release guns until they receive an approval no matter how long it takes. Good news is they didn't ask for anything down so I'll probably go up there in the next few days and cancel the sale in person.

I can't say I appreciate Bass Pro going out of their way to make sure my infringement goes above and beyond what the feds require. I now know the first thing I do before I buy a gun from a new ffl is to inquire about their "delay" policy.
 

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Well the bottom line is for the last 5 days I've been trying to buy something I have a legal "right" to have and have not been able to. Up till today that was on the feds, beyond that is all bass pro. Perhaps their part would be better described as a "deliberate inconvenience for the welfare of the children". If we're going to discuss the meaning of words we could also discuss if what I call a "right" is really more of a "privilege" in practice.

My overall point is to simply let folks know that Bass Pro, and probably others will hold your gun indefinitely on an nics delay. Important to know for those who get frequent delays. It's something that we need to inquire about up front.
 
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My LGS guy is about as pro gun as you are going to get, owns NFA toys, open carries, I've yet to hear anything dumb come out of his mouth. He refuses to sell on a delay. His business, his call. And to be honest, I don't blame him. I've talked to him at length about the process of dealing with the ATF on thefts, crime guns, digging up old records, etc. The potential hassle to him is not worth the sale.

FYI, you can contact the ATF and get a personal pin number to go around the delays. Apparently you have a name similar to someone who is banned or some such. If you know this is an issue maybe take responsibility for that and pursue the solution instead of asking someone else too.
 

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If we're going to discuss the meaning of words....
I think one of the biggest shortcomings of forums in general is that participants often use words that don't reflect what they mean. Words are all we have in this medium, so using the ones that mean what we say is pretty important. Not directly pointed at the OP, just my general opinion on the subject.

As for the purchase, cancel and buy elsewhere to send the message you don't agree with their policies.
 

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The intent of the 3 day rule is to keep the government from using NICS delays as a backdoor gun control.

If every store refuses to sell on a delay then the ATF can delay new gun sales.

Responsible sales happened before '94 because stores used their own judgment to refuse sales rather than merely relying on an incomplete centralized database. The 3 day rule relies on the FFL to exercise that same judgment when the ATF fails to do its job.

Trevor
 

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The liability of selling on a delay really isn't worth it.
Please tell me more about this liability. If federal law allows for the release of the gun after 3 business days have passed, where does the liability come in?

Can you please point me to any citations or cases detailing how liability has been applied? I'm not just being a wise guy, I seriously want to know.
 

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Please tell me more about this liability. If federal law allows for the release of the gun after 3 business days have passed, where does the liability come in?

Can you please point me to any citations or cases detailing how liability has been applied? I'm not just being a wise guy, I seriously want to know.
Dylan Roof was a prohibited person, but was allowed to take the gun used in the Charleston shootings anyway because of the 3 day delay rule.

The shop owner is currently up to his eyeballs in negative publicity plus civil suits. He may very well win those suits. In fact, the law is on his side. But he's going to pay a lot of legal bills to be right.

That's what I meant by "liability." He may win the battle but still lose the war.
 

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The liability of selling on a delay really isn't worth it.
Please explain why the FFL would be liable and for what? The negligence on the Dylan Roof case was with law enforcement. So any claim would be subject to counter claim. Besides, the antis will sue anyone anyway.If you are afraid of being sued...you should never open a business.

Besides HRC wants to pass legislation that would allow product liability suits to be filed against gun manufacturers. So if that happens they will all be out of business in 5-7 years anyway.
 
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Dylan Roof was a prohibited person, but was allowed to take the gun used in the Charleston shootings anyway because of the 3 day delay rule.

The shop owner is currently up to his eyeballs in negative publicity plus civil suits. He may very well win those suits. In fact, the law is on his side. But he's going to pay a lot of legal bills to be right.

That's what I meant by "liability." He may win the battle but still lose the war.
Does he have insurance? He would be covered by his insurance as long as he didn't sell the gun illegally.
 

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Cancel it and buy local at a small shop.


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I get delayed all the time. So, I'll never shop at large retailers. I have a small FFL locally and buy everything on line or personal sales. Ohio passed the agreement with AFT where you only need to show your CHL and you don't need a BGC. But some of the larger chains still want to do the BGC. So, I tell them to pound sand.
 
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Haven't been delayed but I haven't bought but the Shield, all other guns I have had before all the communistic regimes took over.


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Does he have insurance? He would be covered by his insurance as long as he didn't sell the gun illegally.
The point is that the gun shop would be opening the door for a lot of time consuming hassle as well as loss of time and money despite the fact that he may eventually come out on top. If I was a FFL, I wouldn't risk it either. Not worth the hassle just to please someone who doesn't want to wait an extra day or two. If the buyer was a first responder, a repeat customer, or anything along those lines, I might make an exception, but for a guy I do not know and never seen before, I'm not risking it.
 

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The point is that the gun shop would be opening the door for a lot of time consuming hassle as well as loss of time and money despite the fact that he may eventually come out on top. If I was a FFL, I wouldn't risk it either. Not worth the hassle just to please someone who doesn't want to wait an extra day or two. If the buyer was a first responder, a repeat customer, or anything along those lines, I might make an exception, but for a guy I do not know and never seen before, I'm not risking it.
I used to get delayed all the time. NICS failed to call back my FFL more than 5 times. They simply never called back. But , my guy is a local guy who I have gotten to know over a few years. But, he is fine with waiting the 3 day limit. The NICS FBI examiner even tells you that it is Ok to release the weapon on xx/xx date on the call. I get your point. But you obviously have never had that happen to you. It's back door gun control.

Next, HRC will simply cut the NICS personnel budget by 80% so a BGC takes 6-24 months with delays taking 5-10 years. Then you can watch all of the LGS wither away. No need for gun control. Just make an impossible administrative process. Then the FFLs can sue the government......good luck. "Sorry, but we needed the NICS staff at HUD to help people get more section 8 housing on time.....you'll just have to wait your turn in line"
 

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I used to get delayed all the time. NICS failed to call back my FFL more than 5 times. They simply never called back. But , my guy is a local guy who I have gotten to know over a few years. But, he is fine with waiting the 3 day limit. The NICS FBI examiner even tells you that it is Ok to release the weapon on xx/xx date on the call. I get your point. But you obviously have never had that happen to you. It's back door gun control.

Next, HRC will simply cut the NICS personnel budget by 80% so a BGC takes 6-24 months with delays taking 5-10 years. Then you can watch all of the LGS wither away. No need for gun control. Just make an impossible administrative process.
I do not think that it happens often enough or that there's any pattern or evidence to suggest that this is some how a calculated attempt at gun control especially being that it's the FFLs and the guys who are in the business of selling guns who are making the decision on whether to release or wait until the BG check comes back.
 

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Does he have insurance? He would be covered by his insurance as long as he didn't sell the gun illegally.
The cost of litigation goes far beyond the direct cost that insurance may reimburse. The cost to ones business and time spent on litigation matters instead of running your business is significant.....and not fully recovered by insurance. Time, effort, stress, costs beyond insurance are very much the liabilities rdunawaytx was referring to. As a businessman, you weight many risks and have to make decisions all the time on which risks are worth it and which aren't. Insurance does not reimburse for all the liabilities one takes on. Insurance is about money....there is a lot more at stake to a business than money in litigation, even the ones you are 100% you will win.
 

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The cost of litigation goes far beyond the direct cost that insurance may reimburse. The cost to ones business and time spent on litigation matters instead of running your business is significant.....and not fully recovered by insurance. Time, effort, stress, costs beyond insurance are very much the liabilities rdunawaytx was referring to. As a businessman, you weight many risks and have to make decisions all the time on which risks are worth it and which aren't. Insurance does not reimburse for all the liabilities one takes on. Insurance is about money....there is a lot more at stake to a business than money in litigation, even the ones you are 100% you will win.
I know, I have owned a business for over 25 years. I totally get what they are saying. Some people are afraid the sky is falling too. Me, I simply do not operate that way. I have found that the people who will sue you....will do so anyway no matter whether you are right or wrong. That said, I also have my corporate structure set up accordingly. The people who will sue a LGS will do so anyway. Even if that Dylan Roof guy passed his BGC...they would sue the shop owner.
 
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