azshtr Report post Posted September 9, 2013 This is a rant and you can tell me if I'm off base. 2nd Amendment gun store in Tucson is holding a gun purchased by my brother beyond the required Arizona 3 days. The reason given was something like... we follow the rules of our California stores and the laws of California in this matter. While there is a small sign near the counter, it is one you generally wouldn't notice given the size and placement. After the purchase and money paid the form you then need to fill out also has this statement on the back in the fine print. So the store did state the rules if you really searched for them but otherwise did not mention it or discuss it. My brother only found out when he stopped in on day 4 as he was headed to Texas on day 5. His option is 20% restock (the gun didn't leave their stock) or wait. This same store sells guns and magazines not legal in California I believe. My rant is: This is Arizona, not California. There is a reason I don't live there. This store is doing business in Arizona and in my opinion should follow Arizona law. EDIT: It just occurred to me the irony. They call themselves "Second Amendment" yet follow the rules of one of the state with the strictest gun laws . Share this post Link to post Share on other sites
Hornhunter247 Report post Posted September 9, 2013 Out of curiosity, how long do they want to hold it for? If I were in his shoes I would be as nice as possible, but I'd let them know that I'm going to go out of my way to inform the hunting/shooting community of their policies. And that I'm always going to look into local and state laws to see if they have any legal right to hold a firearm beyond the Arizona requirements. I'd tell them have a nice day, and follow through. 2 Share this post Link to post Share on other sites
Guest oneshot Report post Posted September 9, 2013 They should have informed him verbaly about any extra waiting time while filling out the paperwork, when they saw he was a Cali resident... anything else is a failure on their part and to ask for a 20% "restocking fee" is something they should eat because of that failure... (makes you wonder what other "failures" are they committing???)... Thanks for the heads-up on this shop... Share this post Link to post Share on other sites
43F Report post Posted September 9, 2013 I'm a bit confused. If your brother went to the gun store to purchase a gun, why did he not leave with it that day? I'm not aware of any law in Arizona that states that there is a waiting period. I've purchased pistols and walked out of the store with them the same day here in Arizona. I was also had an FFL for a little while and do not recall any laws that require a waiting period here. What is their policy then, how many days before one can leave with a gun purchased from them? Share this post Link to post Share on other sites
MULEPACKHUNTER Report post Posted September 9, 2013 This is normal, if you notice at Cabelas on a white board near the gun sales paperwork area they have the hold and wait date posted and update them daily, My dad bought a gun the same day as me and I walked out with mine and he had to wait the 7 days set by Cabelas. Its something from the computer that comes up in the checking and facts and they flag it. Could be anything from traffic tickets to credit issues, who knows. I agree its crap but I think it grabs more bad guys than good and gives the background check time to go over things. Dad was pretty pissed about giving them 1300.00 bucks and not leaving with what he bought. LOL He told them so too. Share this post Link to post Share on other sites
azshtr Report post Posted September 9, 2013 To clarify, my brother is an Arizona Resident. With a CCW you can have the gun with no background check. Without you need to pass the Federal check. Sometimes it's very fast, sometimes they are bogged down, like now with all the gun buys going on. State law in Arizona is after 3 days they can release the gun to you and if the Feds want it back they will track you down. There is no reason my brother is being delayed other than things are not happening very fast in Washington on background checks. However Arizona law is 3 days if the Feds have not denied you. I agree that if the policy is other than Arizona Law they should clearly post it, and discuss it, before you hand over money. It sounds like Cabelas does that. To discover the policy only after the purchase, and to have a 20% restocking fee, is a tad shady IMHO. Share this post Link to post Share on other sites
Scooter Report post Posted September 9, 2013 The feds have up to a three business day hold on a "Delayed" NICS check. Arizona has nothing to do with that. After the three business days with no NICS status update notification, it is the option of the FFL (the gun store) whether or not to release the firearm. An FFL is NEVER required or compelled by any law to transfer the firearm. They must return money, as any business should if they do not deliver the product or service that was purchased. Again, final discretion of the sale does, in fact, fall on the FFL. There is nothing that can legally compel an FFL to transfer the firearm to anyone. All FFL firearm transfers are "at the discretion of the Licensee". The whole "California" thing just sounds like they were trying to buy some time and possibly be deceptive about not wanting to transfer the firearm until they got a status from NICS. The FFL's that I have worked for in the past have always required that we get a daily update from NICS for any delayed 4473's and to get verbal confirmation after 3 days that we were able to transfer the firearm. It sucks, but FFL's gotta cover their behinds too. 1 Share this post Link to post Share on other sites
Scooter Report post Posted September 9, 2013 It's all infringement on the 2A if you ask me. But the system is the system and it's not going away. Share this post Link to post Share on other sites
azshtr Report post Posted September 9, 2013 In Arizona... Buyer must not be a "prohibited possessor" under federal or state law and be • over 18 years of age in order to purchase a long gun or• over 21 in order to purchase a handgun.• present government-issued photo ID which establishes name, address, date-of-birth and carries a signature• Correctly and completely fill out and sign form government form 4473• If not a U.S. citizen and not an immigrant visa foreign nationals will need to present proof of exception status• Be able to pay for his or her purchase• The dealer will then call or fax the Arizona Firearms Clearance Center for an Arizona clearance as well as a federal NICS(National Instant Criminal Background Check System) check. Usually the check itself will take less than a minute and the resultant answer is either a proceed, a delay or a deny. A delay gives the FBI 3 days to clear it up and before which the firearm cannot be sold. After 3 days the sale can take place automatically. A deny means the sale cannot go through and the purchaser can contact the Arizona Firearms Clearance Center to clear up the matter.• An Arizona resident may then take possession of the firearm. Non-residentsneed to comply with several additional criteria: In California they also then have the 10 day waiting period. This store is using the 10 day (I think) wait for the NICS as the automatic sale period. Either way... POST CLEARLY if your not following the law an Arizona Resident would expect. This is for a 20 Gauge O/U by the way. Share this post Link to post Share on other sites
Scooter Report post Posted September 9, 2013 Does the Arizona Firearm Clearance Center actually exist? I've never even heard of that... That's crazy. And the fact that it's a 20ga O/U doesn't matter... The NICS check only has "Long Gun" or "Hand Gun" categories. Share this post Link to post Share on other sites
azshtr Report post Posted September 9, 2013 Does the Arizona Firearm Clearance Center actually exist? I've never even heard of that... That's crazy. And the fact that it's a 20ga O/U doesn't matter... The NICS check only has "Long Gun" or "Hand Gun" categories. I think its a desk at the DPS. Probably the same person who handles CCW permits. Share this post Link to post Share on other sites
muledeerarea33? Report post Posted September 9, 2013 I beleive scooter is correct. It's a 3 day minimum, the shop can set their own hold period over that if its their policy Share this post Link to post Share on other sites
Scooter Report post Posted September 9, 2013 Does the Arizona Firearm Clearance Center actually exist? I've never even heard of that... That's crazy. And the fact that it's a 20ga O/U doesn't matter... The NICS check only has "Long Gun" or "Hand Gun" categories. I think its a desk at the DPS. Probably the same person who handles CCW permits. The post earlier made it sound like every gun that gets sold here requires a call or a fax to that office??? I don't know if that is accurate- and from what I read that little gem was in a bill (HB 2346) back in 2002 and that each FFL would have to pay a tax for each AZ Firearm Clearance Center background check... Can any current FFL's chime in on this and explain that? I have an AZ CCW so the most they've done on me was a NICS call (Big 5 and the Ft Huachuca PX call it in regardless). I think this AZ Firearms Clearance Center is a ghost. Can't find a number for them. Share this post Link to post Share on other sites
Seldom Drawn Report post Posted September 10, 2013 Sports authority in phoenix, held 2 shotgons for 45 days for me, they said they have stricter rules,if i didn't get such a great price i wouldn't have waited. Seldom Drawn Share this post Link to post Share on other sites
coues7 Report post Posted September 10, 2013 What is he buying? Have him cancel his sale and go to someone who is actually a proponent of the 2nd.....I have a few in mind.....PM me Share this post Link to post Share on other sites
