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 Post subject: Shooter choice
PostPosted: Tue Oct 02, 2018 5:42 pm 
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Joined: Mon Mar 18, 2013 6:30 pm
Posts: 41
Location: Newark DE
Hello I'm trying to figure out if something fishy is going on at shooters choice in Dover. My father and 2 other people I know have recently made purchases there. All three of them were made to wait extended periods of time before they would let them make there purchase and actually leave with their new firearms. My father was made to wait 2 weeks. My buddy was made to wait 17 days and the other guy 25 days. They said shooters claimed they didn't hear back from the state. I know there is a law that allows you to get your firearm if the state or federal do not reply back with a yes or no on your background check within a certain amount of time. But what's going on here. Is it shooters or the state doing this.


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 Post subject: Re: Shooter choice
PostPosted: Tue Oct 02, 2018 11:47 pm 
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Joined: Sun Jan 29, 2012 6:04 pm
Posts: 181
Cant answer as to the questioning of the shops actions, but Delaware enacted a law that results in de ffls must wait 25 days before the release of a firearm without a proceed/do not proceed decision from nics.... that is law not a shop thing ,,,, but it is odd the number of people in your circle that has happened to at the same location. I’ve never purchased anything from them so I have 0 experience with their process


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 Post subject: Re: Shooter choice
PostPosted: Thu Oct 04, 2018 9:20 am 
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Joined: Thu Jul 19, 2012 9:59 am
Posts: 1252
Location: Bear
It used to be a Federal Law that if the NICS did not respond in three days you were good to go. DE changed it to 25 days. So if the FFL doesn't get a proceed they have to hold the firearm until they hear or 25 days passed.

I think this is the relevant info. http://www.delcode.delaware.gov/title11 ... ndex.shtml

Code:
TITLE 11 Crimes and Criminal Procedure Delaware Criminal Code
CHAPTER 5. SPECIFIC OFFENSES
Subchapter VII. Offenses Against Public Health, Order and Decency

§ 1448A Criminal history record checks for sales of firearms [Effective until Oct. 30, 2018]

(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 (FBI), NICS Section pursuant to the request for a criminal history record check required by subsection (a) of this section or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.


EDIT: I see what they did there is another section after the above for 10/30/2018 onward.
Code:
§ 1448A Criminal history record checks for sales of firearms [Effective Oct. 30, 2018]

(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 (FBI), NICS Section pursuant to the request for a criminal history record check required by subsection (a) of this section or 25 days have elapsed from the date of the request for a background check and a denial has not occurred.

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