Delaware Concealed Carry Forum
CCW Methods & Issues => General CCW Discussion => Topic started by: Bulldog021 on April 12, 2017, 09:12:56 PM
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Has anyone ran into this recently? I have a ccdw so I should be at the 3 day wait however I want to be sure before I get my hopes up. I always get a delay with the approval coming 2 to 3 days later (with one instant approval).
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Your CCDW license will have nothing to do with purchasing a firearm.
That was the old Delaware instacheck system in the '90s before the Brady Bill
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No the law changed last year to use a 25 day waiting period before the automatic release of firearm occurs. The exemption was for ccdw holders and supposedly they would still fall under the 3 day wait prior to the gun store being able to release the firearm.
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There is no 25 day waiting period in DE. Pass the background check and FFL hands you the gun. If background check system doesn't "respond", the FFL has to wait three days.
"Under federal law, a dealer cannot sell or transfer a firearm to a potential buyer until a federal background check has been done, or until three days have elapsed since the background check was requested"
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I believe he is referring to DE House Bill 325 which was signed by Markell in 2016 http://news.delaware.gov/2016/06/22/governor-signs-bill-closing-gun-background-check-Loophole/ (http://news.delaware.gov/2016/06/22/governor-signs-bill-closing-gun-background-check-Loophole/). It sounds like this is supposed to supersede (of course not being a lawyer I have no idea whether it can or can't) federal law and does apparently change the wait from 3 days to 25 days. From what I read they originally wanted 30 but the compromise to get the necessary votes ended up being 25.
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No the law changed last year to use a 25 day waiting period before the automatic release of firearm occurs. The exemption was for ccdw holders and supposedly they would still fall under the 3 day wait prior to the gun store being able to release the firearm.
https://legiscan.com/DE/text/HB325/2015
Here is the new law. I see no exemption for CCW holders. It amends 1448a of title 11.
Basically says that if the NICS check is delayed then the dealer may not proceed for 25 days even though federal law would allow it after 3 days.
I don't see where this would affect how NICS would handle a delay but we will have to see about that.
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Did some more reading and found the exception clauses: Line 5 Section e
)(e)The provisions of this section shall not apply to:
(1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
(2)Any replica of any firearm described in paragraph (d)(e)(1) of this section if such replica:
a. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3)Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;
(4)The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;
5)Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, §1441A and §1441B of this title; and[/b][/i][/u]
(6)Transactions involving a "law-enforcement officer" as defined by §222 of this title.
This should mean a CCDW holder who is delayed would continue to operate under the original NICS rules of 3 days
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That's news to me. I never knew their was exemption for ccdw holder but it's good to know . I have never had to wait more than a few minutes.
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There is no 25 day waiting period in DE. Pass the background check and FFL hands you the gun. If background check system doesn't "respond", the FFL has to wait three days.
"Under federal law, a dealer cannot sell or transfer a firearm to a potential buyer until a federal background check has been done, or until three days have elapsed since the background check was requested"
Better check your Delaware law. They tacked on an extra 25 days if for some reason the dealer doesn't get the OK within the federally mandated 3 day waiting period.
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Did some more reading and found the exception clauses: Line 5 Section e
)(e)The provisions of this section shall not apply to:
(1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
(2)Any replica of any firearm described in paragraph (d)(e)(1) of this section if such replica:
a. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3)Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;
(4)The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;
5)Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, §1441A and §1441B of this title; and[/b][/i][/u]
(6)Transactions involving a "law-enforcement officer" as defined by §222 of this title.
This should mean a CCDW holder who is delayed would continue to operate under the original NICS rules of 3 days
You are correct. That section is a carryover from the pre Brady instant check that Delaware had prior. I believe about 1993. Brady came into full use about 1998. Note that shotguns were exempt. That was the Delaware law. Brady of course does include shotguns which made that portion of the Delaware law moot.
In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.
I can hear it now "oh my God!!! A Loophole"
I wonder how this is playing out? Chris: Are you out there?
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I will find out today. I am picking up a gun and always get delayed so it will be interesting to see how it proceeds
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Did some more reading and found the exception clauses: Line 5 Section e
)(e)The provisions of this section shall not apply to:
(1) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;
(2)Any replica of any firearm described in paragraph (d)(e)(1) of this section if such replica:
a. Is not designed or redesigned to use rimfire or conventional centerfire fixed ammunition; or
b. Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3)Any shotgun, which is defined as a firearm designed or intended to be fired from the shoulder and designed or made to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger;
(4)The return, by a licensed pawnbroker, of a firearm to the person from whom it was received;
5)Transactions in which the potential buyer or transferee holds a valid concealed deadly weapons license pursuant to §1441, §1441A and §1441B of this title; and[/b][/i][/u]
(6)Transactions involving a "law-enforcement officer" as defined by §222 of this title.
This should mean a CCDW holder who is delayed would continue to operate under the original NICS rules of 3 days
You are correct. That section is a carryover from the pre Brady instant check that Delaware had prior. I believe about 1993. Brady came into full use about 1998. Note that shotguns were exempt. That was the Delaware law. Brady of course does include shotguns which made that portion of the Delaware law moot.
In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.
I can hear it now "oh my God!!! A Loophole"
I wonder how this is playing out? Chris: Are you out there?
Clarence,
Only exemptions are conceal carry holders and leo......federal law still continues a 3 day wait on delays...if they don't reply within 3 days then you have a 25 day delay.....my understanding is it applies to all firearms....
some dealers will not release the firearm unless they receive an approval..that is at the dealer's discretion......
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Went on the 14th and as always got delayed. I showed the ccdw and was told my pick up date will be 4/18 if they haven't heard anything sooner.
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In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.
I can hear it now "oh my God!!! A Loophole"
A Loophole? You mean because if I get delayed during my NICS check, I can just turn around and grab a CCDW overnight thereby skirting the 25 day wait period?
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In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.
I can hear it now "oh my God!!! A Loophole"
A Loophole? You mean because if I get delayed during my NICS check, I can just turn around and grab a CCDW overnight thereby skirting the 25 day wait period?
that would be correct...ccw holders are exempt...only have to wait till the brady transfer date or before
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I get delayed all the time (I have appealed it last July, still waiting) but I purchased an AR15 about 3 months ago at TrinTac and yes my ccdw exempted me from the 25 day wait.
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So I have to wonder, my 3 days passed and I picked up the pistol. I asked if the approval came and was told they had not heard anything yet so they are releasing based on that. This has never happened before and even though I get delayed, I do get the approval within the 3 day period. This leads me to think that what everyone was concerned about is actually happening. NICS is slowboating Delaware delays since they know they now have 25 days to get it done. This allows them to worry more about the other states with the standard delay.
Ok, I have now removed my tin foil conspiracy hat .....???
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Wonder why the delay? I've gotten every one of my NICS checks through in minutes. Anyone else running into this?
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Wonder why the delay? I've gotten every one of my NICS checks through in minutes. Anyone else running into this?
Could be such things as a common name, an old dismissed charge, lack of disposition posted to FBI on a charge. I know a retired state trooper who gets delayed. There is a way to stop this but I means putting your name in an FBI list. Problem with that is that you then authorize them to keep a record of your purchases which would be illegal under NICS.
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So I have to wonder, my 3 days passed and I picked up the pistol. I asked if the approval came and was told they had not heard anything yet so they are releasing based on that. This has never happened before and even though I get delayed, I do get the approval within the 3 day period. This leads me to think that what everyone was concerned about is actually happening. NICS is slowboating Delaware delays since they know they now have 25 days to get it done. This allows them to worry more about the other states with the standard delay.
Ok, I have now removed my tin foil conspiracy hat .....???
I doubt this is the case. NICS could care less what individual laws are. I have heard of others in your same situation as well. I think you can apply to be on a list so that this doesn't continue to happen. Someone else here may know the details.
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You can apply for a UPIN. You can download a form called a NICS Voluntary Appeal File Application:
https://www.fbi.gov/file-repository/vaf-form-25.pdf/view
I think that's what you need. :)
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You can apply for a UPIN. You can download a form called a NICS Voluntary Appeal File Application:
https://www.fbi.gov/file-repository/vaf-form-25.pdf/view
I think that's what you need. :)
an wait 2-3 years before they get to it
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I'll just keep the CCDW active and go with 3 and out. Last thing I want is to be on another list somewhere :o
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You can apply for a UPIN. You can download a form called a NICS Voluntary Appeal File Application:
https://www.fbi.gov/file-repository/vaf-form-25.pdf/view
I think that's what you need. :)
an wait 2-3 years before they get to it
My neighbor applied for the UPIN on the advice of a local FFL. He's has been waiting awhile...
I had no idea it took that long. :o
I'm with you, Bulldog021. Thankfully, I have never had a problem with NICS.
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Last July I applied for the UPIN and within a few weeks got a letter that they received my application and that they were a year behind. If anyone applies I think I remember you have to apply within the first 30 days of your delay and you also need the transaction number to put on the application (get it from the ffl). Also I had to send in fingerprints too.
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In the case of this new Delaware law it seems that CCW holders (and shotguns) would be exempt from the 25 day rule.
I can hear it now "oh my God!!! A Loophole"
A Loophole? You mean because if I get delayed during my NICS check, I can just turn around and grab a CCDW overnight thereby skirting the 25 day wait period?
ummm try like 3-6 months to get a ccw permit.
that would be correct...ccw holders are exempt...only have to wait till the brady transfer date or before
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If a person buys a firearm out of state, waits the 3 days, and has it transferred to a FFL in state for pickup, would that be a "loop hole" to that law?
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If a person buys a firearm out of state, waits the 3 days, and has it transferred to a FFL in state for pickup, would that be a "loop hole" to that law?
The NICS check doesn't occur until you are picking up the firearm at your instate FFL. There is no check done at the out of state seller's location.
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Can confirm, no wait to buy unless background not done. Purchased special order Glock 43 online via website, tracking # provided from glock to dealer, picked up at dealer same day as delivery