Legally purchasing a handgun w/o a BGC

[delliottg]

I recently purchased a handgun from out of state. Had it shipped to my favorite FFL. Dutifully filled out all the paperwork and the FFL sent it (and a copy of my CPL) off to my local PD for their approval or whatever it is that they're supposed to do. 10 business days (and 15 actual) later, FFL still hasn't heard from Duvall PD, so he releases the gun to me per the law. My understanding is that the local LE office whoever that may be, has up to 30 days to respond to the paperwork and can respond as soon as they receive the form (unlike if we purchase a dreaded fully semi automatic assault 10/22, where the 10 days is required). I assume that includes an NICS inquiry into my suitability for the firearm in question, but I don't really know.

From my point of view, I just spent days waiting to take ownership of a firearm that never went through a background check and it was all legal. I'm assuming that at some point before the 30 days is up the FFL will receive notice of a proceed from Duvall PD, but I don't really know that. What happens if they never respond? What happens if it comes back as denied? What if I've sold it on because it kicks like a mule and I don't like it? What if it fell off my boat?

Can any LEOs on the board shed some light on this process? Is this the norm? FFL says he's never not heard from a LE agency before, so this is new to him.

[Guntrader]

As I understand local PD has a time period in which to respond, but the dealer may release the gun in 10 days or whatever if they don't hear back.
Even with fingerprints, a background check takes 5 minutes at most. I've seen it.
All the delay is just political bullshit.
The NFA wait times are preposterous.
Same check.
Not like they go interview your kindergarten teacher.
They just destaffed them to the point they all fit in one room.
If you have a trust, that may take longer. Has to go off to legal so they can look it over.

[MadPick]

I’d prefer to just link to other threads we have on the subject, but I’m mobile at the moment.

After 10 business days, the FFL *shall* release the handgun or semi-auto rifle to you, even if LE has not given a proceed. That’s state law. And no, not all FFLs follow this law.

The LE agency does not have a 30-day deadline. They should be getting the answer back to the FFL by that 10 day mark, and hopefully faster.

[Guntrader]

Shall and may are about the same thing. Words on paper.
According to state law, LEA's 'shall' issues a CPL within 30 days.
Some of them 'may', and some of them 'may not'

[AR15L]

Up to ten working daze. No hear back?
Collect hand banger and move on.

[Old Growth]

I think the bigger question that the OP is asking is not so much about "SHALL" release after 10 or 30 days,

but

WHAT happens if it come back later as DENIED and it has already been released?

Do they come kick in your doors and take it or just right it off????

[dreadi]

Denied transfers have to be reported to the WASPC and includes the transferees personal information.

They just might.

[MadPick]

Oh, I fully expect that law enforcement will come and get it. No doubt in my mind.

[Guntrader]

I doubt it.
In 2018, FBI investigated 112,000 fraudulent or ineligible 4473 forms where people used fake ID's, lied about citizenship, convictions, etc, etc.
Number prosecuted?
12
Some jurisdictions can maybe get a local prosecutor involved, but the feds don't care.
California declines to prosecute over 10,000 people per year for lying on gun applications, or illegal guns.

Prosecutors always have a full case load and don't usually go around looking for more work.

But in New England, some guy was prosecuted for possession of a hollow point black powder bullet and a dud shotgun shell without a permit.
Go figure.

[Yondering]

Oh, I fully expect that law enforcement will come and get it. No doubt in my mind.

Yup. I know they have done so here in Skagit County.

And that's not "getting a prosecutor involved", law enforcement just finds you and asks for it back. Not sure what happens if you'd sold it, especially if that buyer got a legal proceed? Seems like they should keep it, but "seems like" and the law are often different.

[delliottg]

Since the DPD never responded to the paperwork, have they broken any laws?

The optimist in me says this is an oversight and not the way they respond normally.

The cynic says they do the BGC immediately upon receipt, then if it comes back proceed, sit on it the maximum number of days allowed because they can, even though I've got a CPL issued through them. Then they just forgot about the followup, unless there's no law that says they have to respond within the 10 days.

[BadKarma]

The local PD(Duvall in this case) sends it to a King County processor who conducts the BGC. Mine was delayed by a couple days due to the weekend, Friday the records clerk doesn't work and she was sick on Monday. Email them. I bet they answer you. I suspect they are not coming into the office or on vacation which means there is a pile of faxes yet to be processed.

[RocketScott]

Since the DPD never responded to the paperwork, have they broken any laws?

I could have sworn there was a RCW that said that the agency was responsible if the firearm got released. It was buried in an RCW that I didn't expect but I can't find it now, 1639 might have changed that

This was all I could find:

(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;

Now, if they flat out don't respond then I don't think that they are acting in good faith, so there's that

[BadKarma]

Since the DPD never responded to the paperwork, have they broken any laws?

The optimist in me says this is an oversight and not the way they respond normally.

The cynic says they do the BGC immediately upon receipt, then if it comes back proceed, sit on it the maximum number of days allowed because they can, even though I've got a CPL issued through them. Then they just forgot about the followup, unless there's no law that says they have to respond within the 10 days.

I just received a proceed today after submitting paperwork on Tuesday. I highly suspect no one is "sitting" on paperwork but life does tend to get in the way.