Legal Transfer Advice

amlevin said:

Then change the notice to the Chief that after 30 days, if they have not provided an approval, or court order requiring the hold to be extended, the transaction will be completed.

As I read the original post, the PD indicated the transaction was on hold until they said it wasn't. "Up to 30 days" or a court order, not as long as they feel like.

The POPD could well just "shuffle" it around and eat up as much time as they want unless they are strongly advised that their's a limit to their stalling.

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I don't need to put the Chief on notice, I already quoted the law to him. His staff did say I couldn't proceed until they said otherwise, which is wrong. Her exact words to me when I inquired about a go ahead date was "you can't transfer it at all until we tell you you can." Of course the law says otherwise, so if I don't hear from them by the 30 day mark, I'm just going to proceed. The thing that ticks me off is that they pull this crap, especially with someone serving our country honorably.

I just wanted to say thanks to the OP for caring that much about his customers. It sounds like your definately going the extra mile for this guy. I like doing business with people like that. I hope some of the people here around your location will check your shop out and do some business with you.

If you do run a business and aren't just doing the odd sale here and there, I'll be sure to check it out once I have the funds for a new toy. I'm out in the PO area and it sounds like that's where you're at.

xxx.jakk.xxx said:

If you do run a business and aren't just doing the odd sale here and there, I'll be sure to check it out once I have the funds for a new toy. I'm out in the PO area and it sounds like that's where you're at.

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www.celticarmory.com

I'm in Port Orchard, my office is on Sedgwick between Bethel and Hwy 16.

sirpuma said:

www.celticarmory.com

I'm in Port Orchard, my office is on Sedgwick between Bethel and Hwy 16.

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Awesome. I'm out off of Minterbrook. Out between Sidney and Glenwood. I'll have to come out and check your place out sometime. I'm without job, right now, so no toys for a while.

xxx.jakk.xxx said:

Awesome. I'm out off of Minterbrook. Out between Sidney and Glenwood. I'll have to come out and check your place out sometime. I'm without job, right now, so no toys for a while.

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I'm not a stocking dealer, so I don't have a storefront. I do gunsmithing and transfers by appointment only. Though I dedicate M-F 8:30-4:30 for my customers.

Sir Puma:

Have you called the ATF to get their take on this? Seems to me that would be the correct place to start.

The ATF doesn't have anything to say over state laws. They are only concerned in the Federal laws that govern the interstate transportation of firearms and other Fed regulations.

For an update, after about 8 business days I got the approval, then a few days later I got a voice mail message from a detective saying that it was still on hold because the State Dept of Health was slow on responding to the mental health report. But he also said he was going to look into their processes and see if they are doing more than what state law requires.

Personally I felt it was just a delay tactic to mess with someone. The POPD is about as bad as Seattle PD. They like to make everyone wait the full time to get anything. I have to wait the full 30 days when I renew my licensing with them whereas the Kitsap County Sheriff's office usually has my license in just a week or two.

sirpuma said:

For an update, after about 8 business days I got the approval, then a few days later I got a voice mail message from a detective saying that it was still on hold because the State Dept of Health was slow on responding to the mental health report. But he also said he was going to look into their processes and see if they are doing more than what state law requires.

Personally I felt it was just a delay tactic to mess with someone. The POPD is about as bad as Seattle PD. They like to make everyone wait the full time to get anything. I have to wait the full 30 days when I renew my licensing with them whereas the Kitsap County Sheriff's office usually has my license in just a week or two.

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One item that suggests to me that they are actually making the effort is that you got a personal call from a detective. If they were just messing with people they could have left it longer and then made no contact with you at all. Sounds like they are doing some sort of due diligence on this one and maybe there really is an issue with this purchaser.

I'm sure the Chief took my request seriously and gave it to a detective who really looked into it. But I got a proceed and was then a couple days later got a message from the detective that it was still on hold because of the delay with DOH. In the meantime I've had several other transfers through other departments from Kitsap to Pierce and even King counties that I get a proceed before the 5 day wait is up. Port Orchard PD gave me a hold on day one, not day 4. If they were getting a delayed response from DOH I would expect that they would only put it on hold if it looked like the response from DOH was going to go beyond the 5 days, not on the day they get the request.

sirpuma said:

I'm sure the Chief took my request seriously and gave it to a detective who really looked into it. But I got a proceed and was then a couple days later got a message from the detective that it was still on hold because of the delay with DOH. In the meantime I've had several other transfers through other departments from Kitsap to Pierce and even King counties that I get a proceed before the 5 day wait is up. Port Orchard PD gave me a hold on day one, not day 4. If they were getting a delayed response from DOH I would expect that they would only put it on hold if it looked like the response from DOH was going to go beyond the 5 days, not on the day they get the request.

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What kind of notification did they give you that said proceed? Obviously you could have proceeded between the time of that and the detective said hold. I am guessing that a written proceed would take precedence in court over a verbal hold, especially since there was a few days between them.

joeroket said:

What kind of notification did they give you that said proceed? Obviously you could have proceeded between the time of that and the detective said hold. I am guessing that a written proceed would take precedence in court over a verbal hold, especially since there was a few days between them.

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I generally receive a phone call from the folks who do the checks and they say either hold or proceed with a NTN number. Once they say hold I have to hold for a minimum of 30 days or until they say proceed, whichever comes first. Some departments (such as Pierce Co. Sheriffs) like to mail the top copy back with the proceed code instead of calling. They also usually wait till about day 4 of the 5 day wait to drop it in the mail. I generally just proceed if I know the person and have done business with them before after the 5 days. But I always tell my customers to get their CPL.