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Thread: Help, Why can't I get my gun?!?! Advice Please!

  1. #1
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    Hello all
    So here's my situation. I went in to put my 1st handgun on layaway on the 1st of the month and started the 7 day wait. I payed off the rest on the 14th and inquired as to my wait period's status, thinking I'd given plenty of time since I'd had to wait for a payday. The clerk apologized and said that they hadn't heard back yet. Very disappointing. So I ask him when he thinks I should try back and tells me that I should almost certainly be able to take home on Tues(It was Fri).
    So I try back on Weds the following week and get the same response of, "Still haven't heard back"! I try again the next day, Thursday(of this week), and they still hadn't heard anything! At this point the clerk says to call back in the morning and that he'd try to see what was holding it up this long. I do so and come to find out that the Lynnwood PD has put a hold of some sort on it!!! The only interactions I've had with them have all been non-criminal( got stopped and informed that my tail light was out).
    Is this legal? It doesn't feel right and I'm getting really frustrated!
    Now keep in mind the only thing that I know of that would be on my record would be a speeding ticket from like 5 years ago in CA! I have a totally clean record!
    So I'm gonna call the Lynnwood PD tomorrow and see what the be-jebus is going on!
    I'm a mellow and patient guy but I want my handgun!
    Any info/input/advice would be appreciated! Thanks for letting me vent!
    -Oli

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    Oli, I've worked for two FFL's in the past, and the story that I got, was that the law limits the time that an agency can put a transaction on "hold." IIRC, the feds had 5 business days, and the state guys had the same (one or the other could have been 3 business days, its been a while). Or, in other words, if they don't immediately approve it (such is the case when calling in a NICS check on a longgun, or a handgun with CPL on the state form), they have only a certain amount of time to place the transaction on "hold" and get back to the FFL with either a "proceed" or "denied" before they lose the opportunity to do so, and it automatically becomes a "proceed." Now, some FFL's will not go ahead with the "proceed" even if it has been more time than necessary, for some illegitimate fear of transferring a firearm to someone who has not received a proper "proceed." I would be furious (but albeit, polite) with the Lynnwood PD AND your FFL of choice for not trying their best to light the candle under LPD. You're right. This shouldn't take this long.

    Also, do you have your CPL yet? If so, youshould be able to go ahead with the transaction bybringing yourCPL in and having them write it in on the state form (which is what LPD is working off of) and walking out with the gun as you would have been "proceeded" with on the Federal Form 4473. Even if you don't carry concealed, it's always nice to walk in for a pistol purchase, and walk outwith the pistol in a matter of minutes. (My personal record is 12 minutes, in and out, with new, paid-for, transaction-approved pistol in-hand!)

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    Oli if Lynnwood is close by for you, the police station is on 44th ave just west of 196th. I would stop in directly and ask them what the hold up was and if they could please get with the program! I don't think I would waste my time calling as it took them three weeks to get back to me last time I called.

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    Regular Member 1245A Defender's Avatar
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    Oliferous wrote:
    Hello all
    So here's my situation. I went in to put my 1st handgun on layaway on the 1st of the month and started the 7 day wait. I payed off the rest on the 14th and inquired as to my wait period's status, thinking I'd given plenty of time since I'd had to wait for a payday. The clerk apologized and said that they hadn't heard back yet. Very disappointing. So I ask him when he thinks I should try back and tells me that I should almost certainly be able to take home on Tues(It was Fri).
    Just tell the damn store to give you your MONEY BACK! i mean right now! dont leave the store without your gun ,or your money! they can choose, to honor the sale, or loose a customer!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Boy am I glad the government is keeping a gun out of the dangerous hands of the OP, could you imagine a world where people with clean records can have guns?

    -Sarcasm off

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    2, 4, 5 A defender wrote:
    Just tell the damn store to give you your MONEY BACK! i mean right now! dont leave the store without your gun ,or your money! they can choose, to honor the sale, or loose a customer!
    i guess they'd lose a customerno ffl is going to sell a gun when its not cleared. and why would he want to go through it all over?



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    Regular Member Batousaii's Avatar
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    for future, to make it easier all the way around, go get your CCP first, then you can walk in, choose your pistol, pay, and walk out with it.... super simplifies the whole process.

    Bat


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    Batousaii wrote:
    for future, to make it easier all the way around, go get your CCP first, then you can walk in, choose your pistol, pay, and walk out with it.... super simplifies the whole process.

    Bat

    not true. even with a cpl you may get delayed

  9. #9
    Regular Member Batousaii's Avatar
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    Boo Boo wrote:
    Batousaii wrote:
    for future, to make it easier all the way around, go get your CCP first, then you can walk in, choose your pistol, pay, and walk out with it.... super simplifies the whole process.

    Bat

    not true. even with a cpl you may get delayed
    How so ? I never heard of that.
    ~ ENCLAVE vmc ~
    The Enclave is looking for patriotic motorcycle riders in Washington State who support liberty and freedom for all. ~ Check us out!
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    * " To be swayed neither by the opponent nor by his sword is the essence of swordsmanship." - Miyamoto Musashi.

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    Regular Member 1245A Defender's Avatar
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    the waiting period is required so the sale can be denied. if not denied during the waiting period, the the opposite is automatic! APPROVED!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  11. #11
    Regular Member shad0wfax's Avatar
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    If you have a CPL you can bypass the WA state waiting period.

    NICS checks are done by the BATFE and can give results of PROCEED, DELAY, or DENY.

    If the NICS database that the FBI has compiled based on your state NICS custodian (WSP) brings you back in a DENIED status and your record is clean you'll have to do the voluntary PIN thing with the BATFE. Your name probably matches a felon's name or something.

    If you're being DELAYED by NICS (but not denied) there's not really anything you can do. Even if you have a CPL you can be delayed. I am ALWAYS delayed when I purchase firearms and I have a CPL with a good record.

    When you are delayed the BATFE has 3 business days, not including the day the check was initiated to respond to the FFL with a DENY or PROCEED order. If they have not responded to the FFL within those 3 business days, the FFL MAY, that is MAY, not shall, transfer the firearm to the purchaser.

    Read this for more details.

    http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm

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    I'm with those that say go get your money back. The dealer could complete the sale now. It has been long enough.
    There are plenty of places to go get your 1st gun. Most are glad to comply with federal and state law and complete the sale as soon as the 5 day wait has ended. BATFE probably put a delay on your purchase and never looked at it again. It's off the radar now.
    For the benefit of all, I have been delayed, even tho I have a CPL. It can go either way, even in the same store.

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    Do not pay for a firearm before the NICS`check has cleared. When you complete the 4473 and state form the gun is tied up by serial #and cannot be sold to any other person. If the sale is not completed due to 30 day expiration, the gun then becomes a "used gun" and they may require you to forfeit some of your money as they cannot sell it as new. Is is a "used gun"because the 4473 and state form has been done and listed as "sold"

    There is a 30 day period of time that the State form is valid. Once the 30 days has passed, you will need to do the paper work again. Go get your money back.

  14. #14
    Regular Member sudden valley gunner's Avatar
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    Go in there and tell 'em thanks a lot , now I'm not angry anymore.


    Just kidding!!!!
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    sudden valley gunner wrote:
    Go in there and tell 'em thanks a lot , now I'm not angry anymore.


    Just kidding!!!!
    That would be funny as hell

  16. #16
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    Thanks to all ya'll's response and advice. Yea, this is ridiculous! I just got off the phone with the LPD and was told that,"they were at the mercy of the other agencies" as far as hearing back from them and all that bs.
    Basically she told me that the process is as follows: I start the 7 day wait period, the LPD gets the application, they send it out to the agencies that they're "at the mercy of" and wait for a response..
    When I asked then why it shows that the LPD has put a "delay" on the purchase, she said because they had to wait for response from said "agencies" and THAT usually takes around 3 weeks!! I think i smell something..
    Then I asked her how long they had to respond before it automatically becomes a "proceed" and she said that doesn't happen! When I told her the FBI site says they have 3 days to respond or the the FFL can proceed at their discretion, she told me the "delay" IS the response and that she doesn't know how long they have but it's at least 3 weeks from there! After being told to give another week and to check back if there's no progress, I don't think I'm game for ANOTHER several weeks of being given the run around
    I am going to get my money back, minus whatever stupidity fees they'll add for me paying for a gun up front and being a good, law-abiding American..
    I feel it's totally reasonable that it should very well take at least a few months for someone like me, (a mellow, non-violent, repeat non-offender that wants to target practice) to obtain a pistol. I mean really, why should we be entitled to own a firearm when some homicidal idiot with the right "connects" can and will just buy a hot one off the street. They prob get a better price too!:?
    I'm very disappointed right now. In a lot of things. If this is really the direction the Country is going, I'm buying a boat!
    I am going to get my CPL now a little sooner then I had intended. But seriously, should I NEED a CPL to buy a firearm!!! Very disappointed..

    Thanks again everyone, Sushi for everybody once my the "delay" on my sailboat has cleared!!!

    -Oli


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    better to ask in person then over the phone.

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    Agreed. I hate to be pessimistic but do you think that their response would be any different? I actually would've gone in person but was busy down in Seattle

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    Regular Member sudden valley gunner's Avatar
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    Ask the PD which agency is delaying it and if you can get their number, if they are bluffing, you will find out fast.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  20. #20
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    ask to spoeak to someone higher up. there are sergeants, lietenants, captains and even ask to speak to the chief

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    Oliferous wrote:
    Agreed. I hate to be pessimistic but do you think that their response would be any different? I actually would've gone in person but was busy down in Seattle
    Yes...I really do! It will force them to find out what is going on by calling w/e mysterious agency is holding things up. If you go in just be a regular guy who wants to know what the deal is and how to fix w/e the problem is, do NOT go in with an attitude. In person that station is great to deal with but over the phone I suspect they are mildly retarded children without benefit of being able to tell time.

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    Regular Member amlevin's Avatar
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    Makes me glad I haven't lived in Lynnwood for over 25 years. They weren't any better then. Lynnwood seems to have problems with Police and Guns. First one of their Chiefs is busted for stealing them out of Evidence Storage and for a followup one of their Lieutenants does the same. Maybe it is the City of Lynnwood PD that is on hold with NICS or WSP. Maybe?
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Very good points made. I actually hadn't thought about going up the chain. Thank you! I'll go down there tomorrow and have a myself little inquiry. And it is ALWAYS(well mostly) a good a idea to drop any attitude when dealing with LE! Especially when asking for something!
    Duh, I hadn't even thought about trying to find the mystery agency that's holding this up, if is there is one. And if what Amlevin said is spot on, if it isn't LPD themselves being held up! :P


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    remember you're in snoho county, no sudden moves.

  25. #25
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    Boo Boo wrote:
    remember you're in snoho county, no sudden moves.
    Exactly! Esp. with how I look! They already have taken a fondness to stopping me when I walk my dog and tailing me to Jack in the Box to ask if was trying to"evade" them when walkin in to get a burger! Gotta love it!

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