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Author Topic: Longhurst plans to remove NICS requirement to sell after 3 days.  (Read 16262 times)
MarkB
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« on: March 07, 2016, 08:02:15 PM »

Majority Leader Valerie Longhurst plans to introduce bills to remove the requirement to sell a gun if the background check is not completed in three days.

From WBOC:

Majority Leader Valerie Longhurst announced in a February letter to Delaware's congressional delegation her intentions to file legislation that would close what she calls a federal criminal background check Loophole.

According to her letter, current regulations allow a gun salesman to sell a firearm if a requested background check has not been processed by the National Instant Criminal Background Check System within three business days. She says this gets firearms into the hands of people that are not eligible to purchase one.

Rep. Longhurst said it is essential for public safety in Delaware.

"This Loophole has allowed firearm transactions that otherwise would be denied to proceed, resulting in potentially dangerous individuals 'legally' purchasing guns on a technicality," she said.


Here is the copy of her letter:

http://www.dehousedems.com/sites/delawarehousedemocrats/files/Longhurst%20-%20Congressional%20Delegation%20-%20Background%20Check%20Loophole.pdf


We have to keep an eye on this and act accordingly.
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Obleo
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« Reply #1 on: March 08, 2016, 05:07:41 AM »

This shouldn't pass.  If the government fails to act you can be denied you 2nd Amend. rights.  Too easy to infringe.
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Just Bill
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« Reply #2 on: March 08, 2016, 05:56:05 AM »

You apparently don't understand the liberal mind.  Their whole objective is to get rid of your rights.
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« Reply #3 on: March 08, 2016, 06:41:47 AM »

You apparently don't understand the liberal mind.  Their whole objective is to get rid of your rights.
Or manufacture new "rights". Last night, the Bern said that universal health care is a right. When challenged, he responded "because you are a human being".
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New Castle County
Federal Firearm
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« Reply #4 on: March 08, 2016, 04:02:05 PM »

There has been many times where nics never calls back for one way or another....what then...very bad bill that should be stopped..
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PPScarry
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« Reply #5 on: March 10, 2016, 05:52:35 AM »

"She says this gets firearms into the hands of people that are not eligible to purchase one."

Can she name one?
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Just Bill
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« Reply #6 on: March 10, 2016, 06:05:31 AM »

IMHO, all this bill would accomplish is to give NICS the opportunity  to never call back.  That way, guns do not in the wrong , right or anyone's hands.  A liberal goal.
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Model10Todd
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« Reply #7 on: March 14, 2016, 08:55:04 AM »

According to the News Urinal and phone conversations with Longhurst, the goal is to allow more time for background checks.  Longhurst's used the Charleston Church shooter's accidental clearance as a reason to allow more time, thinking that if the wait time was more than 3 days that [expletive] wouldn't have gotten a gun.

http://www.nbcnews.com/storyline/charleston-church-shooting/dylann-roofs-gun-purchase-allowed-part-because-clerical-error-n391431

However, in the NBC article above it states: "Sources with knowledge of agency operations said the FBI, when they noticed the error, could have still asked the ATF to get the gun back from [expletive], but it doesn't appear that request was ever made."

So, using this case as justification to extend waiting time is flawed. Charleston is a case of failure to enforce existing laws - they should have tried to get the gun back - it is not a case of needing more time.  This failure also should be investigated and if in fact they did drop the ball, then they should be held accountable.

If the FBI is unable to keep up with demand, then they need to address staffing.  By allowing the FBI or the government to decide to get around to clearing you it widely opens the door to them purposely neglecting the staffing of gun background check departments and/ or dragging their feet so people never get their gun.  I've seen it mentioned in the News J of a proposed 5 day waiting period, but based on conversations with Longhurst it sounded more open ended. Regardless this is a horrible idea and the current wait should not be extended.  It is not a Loophole.  It's your constitutional right.
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PPScarry
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« Reply #8 on: March 14, 2016, 11:15:22 AM »

Great point Todd. I can't say I have a big problem with 5 days but the truth is it doesn't seem to be the problem, at least in this case. I'd like more input from a FFL guy who goes through this every day. 3 days as you mentioned Todd seems more than enough time. Recognizing that Americans are having a run on firearms lately, maybe the people who work with the FBI can provide clarity regarding how many times they have a purchase held up 3 days due to volume of applications, or due to other problems like similar names to restricted persons. My bet is although volume is high the FBI still does a good job.

Of course I don't have "standing" with 3 days or 5 because my applications fly through. Some folks here may not feel the same due to their last name or some other problems with the background checks that I personally am not aware of, thus could use more information from people WE trust. This affects more people than some are aware of so I hold my powder. I also appreciate the FBI and don't see them as the bad guys here unless the FFL dealers can convince me they are twisting the law somehow or a purposefully delay, which has not been documented.
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Cbmarine
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« Reply #9 on: March 14, 2016, 11:28:57 AM »

...I'd like more input from a FFL guy who goes through this every day...
@Federal Firearm is an FFL.

There has been many times where nics never calls back for one way or another....what then...very bad bill that should be stopped..
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New Castle County
Radnor
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« Reply #10 on: March 15, 2016, 04:59:31 AM »

...I'd like more input from a FFL guy who goes through this every day...
@Federal Firearm is an FFL.
And a VERY good one to do business with too!!!
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Model10Todd
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« Reply #11 on: March 15, 2016, 09:49:51 AM »

I also appreciate the FBI and don't see them as the bad guys here

Agree with you there. Not the bad guys in the shooting situation, nor in the waiting period either.  I think we both agree we wouldn't give them an open door timeline however. I  could see the potential for pressure to be put on the FBI to take a very long time, via budget or other means, leading to we give them 3 days now and that doesn't work, then 5 years from now 5 days doesn't work, then 10, 30, and on and on. 
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Federal Firearm
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« Reply #12 on: March 15, 2016, 12:54:04 PM »

...I'd like more input from a FFL guy who goes through this every day...
@Federal Firearm is an FFL.
And a VERY good one to do business with too!!!

Thank you and you are the best for training also..all should use radnor
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Cbmarine
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« Reply #13 on: April 18, 2016, 08:14:25 AM »

HB325 introduced into the House Administration Committee   On  04/14/16.
(HAC Members: Longhurst, Schwartzkopf, Hudson, D. Short, Viola)
Primary Sponsor(s):   Osienski
Additional Sponsor(s):    Rep. Longhurst & Sen. Townsend
Co-Sponsors: Reps. Baumbach, Bentz, Heffernan, Jaques, Kowalko, Lynn, Mitchell, Schwartzkopf, Viola; Sens. Blevins, Hocker, McDowell, Peterson

http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+325/$file/1901481019.docx?open
(b)  No licensed importer, licensed manufacturer or licensed dealer shall sell, transfer or deliver from inventory any firearm, as defined in § 222 of this title, to any other person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless and until being informed that it may “proceed” with the sale, transfer or delivery from inventory of a firearm by the Federal Bureau of Investigation, NICS Section pursuant to the request for a criminal history record check required by subsection (a) or 30 days have elapsed from the date of the request for a background check and a denial has not occurred.

IMHO, this may keep firearms out of the hands of questionable people but has the unintended consequence of denying protection to a endangered person who doesn't have a definitive record.  It also allows the FBI to slack off.

FFLs, please comment.
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rikwick
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« Reply #14 on: April 18, 2016, 06:40:18 PM »

"Some folks here may not feel the same due to their last name or some other problems with the background checks that I personally am not aware of, thus could use more information from people WE trust. This affects more people than some are aware of so I hold my powder."


I happen to be one of them.  For the last 5 years now, I have been going through the three day delay.   Not due to my name either.   I just last month filed the VAF with the FBI, I am glad I did now.  Never bothered me before because I have always get approved and three days is just annoying at the most for me, so I dealt with it.  But when I got wind of this bill, I figured it's about time to get this straightened out.  I see the logic in the bill, however the problem isn't a "We The People" problem, which makes this "solution" only a means to more restrict our rights.  I say FIX THE SYSTEM!
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