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Background Check Completion Act of 2020
A summary here. Present law provides that if a background check is delayed more than three days, the FFL can (but doesn't have to) make the transfer. This bill would remove that provision; no transfer until the background check comes back.
I think the present rule (1) accords with the reality that the vast majority of background checks (99+% as I recall) come back with "proceed with the sale" and most of the remainder prove to be mistakes or involving ancient offenses; (2) give the government an incentive to process them at least moderately quickly, whereas if there was no time limit there would be no agency inhibition against understaffing the project and delaying the sales.
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Operation Chokepoint, in a different guise.
Where does it say in the Constitution that RIGHTS are granted by Government?
I don't have a problem with waiting till it comes back, but the head of the agency get executed for every wrongly delayed background check, and work your way down the chain. Till you get someone who can run it right.
NICS has to be the most abused, inaccurate, and miss-used Federal Prohibited List going. Here in NYS Albany saturated NICS with processing falsehoods that are coming to light in the Courts. THAT was the danger with NICS that the NRA refused to acknowledge. Now we're all stuck with Deep State corruption on the 2A.
Your terms are acceptable
If they change the law then all that has to happen to stop ALL transfers through an FFL is to have NICS mysteriously shut down.
This would conveniently happen when there is a higher demand for guns, like during a pandemic, or hurricane, or with never-ending peaceful protests.
There's an even simpler way to handle this:
First, set the statutory default answer for BG checks to "proceed" and give the FBI up to 3 days of "delay" to come up with evidence to justify an affirmative denial. If they can't come up with the necessary evidence in that time, then they need to improve their processes.
Second, modify the rights restoration process so that the default answer is "approved" and that the FBI has 30 days from receipt to decide whether or not to oppose the restoration, and then a further 30 days beyond that to schedule a hearing.
Third, modify the appeals process to require government response to appeals immediately upon receipt, and then require that all appeals be substantively answered within 30 days of receipt (i.e. they have 30 days to decide whether to overturn or uphold the denial).
In any of these cases, if the government misses the time window, they default to "approved" and the individual either gets their gun, or gets their rights fully restored.
To Mop,
Try this because from here on out when your purchasing a weapon the NICS system will revert back to the denial process and your application will be temporarily held until the FBI makes a decision either way.
So go to the Voluntary Appeal File (VAF) thru the FBI which takes you thru a application process along with fingerprints so as the appeal services team could determine your status for a Go or NoGo.
If it is a go then you will be assigned a (UPIN) Unique Personal Identification Number which you will need to provide your assigned UPIN to the Federal Firearms Licensee (FFL) for each subsequent firearm transaction.
Also at anytime you wish to be removed from the FBI V.A.F. you could request so, But this will clear up your weapons purchase NICS aggravation,which I call F.U.B.A.R. F*** Up Beyond All Recognition...
Do not give the government any excuse of any sort for anything to slow-walk the paperwork.
My rights are not dependent on the governments ability to do it's job.
And WHY THE HELL does it take so long to get a Form4 approved? The last one I filed took 11 months...