HB 563: NICS hold period increased to 30 days

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rickt
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HB 563: NICS hold period increased to 30 days

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H. B. No. 563 - Representative West.
Cosponsors: Representatives Brown, Ingram, Ashford, Fedor, Smith, K.,
Howse.

To amend section 2923.25 of the Revised Code to prohibit a federally licensed firearms dealer from transferring a firearm while a background check is pending unless 30 days have elapsed.

https://www.legislature.ohio.gov/legisl ... 132-HB-563
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Re: HB 563: NICS hold period increased to 30 days

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How about just making NICS even halfway as good as any other online database out there?
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Re: HB 563: NICS hold period increased to 30 days

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dl1911 wrote:How about just making NICS even halfway as good as any other online database out there?
Because getting about 18,000 police departments to comply with something is nearly impossible. Then you have to figure the large number of courts, which I can't even find numbers for, and get them to comply to update final disposition, it's nearly impossible. I had a call today from an out of state agency wanting to know history on a 1989 drug trafficking case and final disposition. All I could say was it was appealed up to the Supreme Court of Ohio but I couldn't find if it was heard or a disposition existed besides Hamilton County.
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Re: HB 563: NICS hold period increased to 30 days

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JediSkipdogg wrote:
dl1911 wrote:How about just making NICS even halfway as good as any other online database out there?
Because getting about 18,000 police departments to comply with something is nearly impossible. Then you have to figure the large number of courts, which I can't even find numbers for, and get them to comply to update final disposition, it's nearly impossible. I had a call today from an out of state agency wanting to know history on a 1989 drug trafficking case and final disposition. All I could say was it was appealed up to the Supreme Court of Ohio but I couldn't find if it was heard or a disposition existed besides Hamilton County.
Yes, but bureaucratic incompetence is no excuse to impinge on the natural, constitutional and civil rights of the law abiding citizens (who fund said bureaucracy). Right there is the Libertarian argument for smaller government in a nutshell.

If we have a background check system (which we do) and we are worried about guns falling into the wrong hands (which we are), then our government should make NICS improvement a top priority. Seems like “common sense” to me, on which all sides can agree.

Heck, we could take all officers off speed trap patrol to spend time fixing NICS, and we’d probably save more lives in societal terms. Ok, that last part strays a bit, but you get the idea on priorities.
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Re: HB 563: NICS hold period increased to 30 days

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Oh, I agree. Which is why I strongly support the federal Fix NICS bill that was proposed like a year ago. But then again, we still have major issues. I'm working with a guy at work that is trying to get his record sealed. He applied in October, was approved in November, and the charge is still on his BCI. They are calling backlog and that they process them in the order they get them. Last I heard, it's about six months. At one point they were at 2 years. That to me is unacceptable but who is going to punish the Ohio AG's office for not working fast enough?
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Re: HB 563: NICS hold period increased to 30 days

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JediSkipdogg wrote:I'm working with a guy at work that is trying to get his record sealed. He applied in October, was approved in November, and the charge is still on his BCI. They are calling backlog and that they process them in the order they get them. Last I heard, it's about six months. At one point they were at 2 years. That to me is unacceptable but who is going to punish the Ohio AG's office for not working fast enough?
It only takes one judge somewhere in this state to threaten to hold the AG in contempt. An order to seal, is, after all, a court order. Imagine if it took them six months to enter a court ordered protection order. Considering the political aspirations of the man currently holding the AG's position I imagine he'd do everything possible to avoid such a political spectacle.
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Re: HB 563: NICS hold period increased to 30 days

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djthomas wrote:
JediSkipdogg wrote:I'm working with a guy at work that is trying to get his record sealed. He applied in October, was approved in November, and the charge is still on his BCI. They are calling backlog and that they process them in the order they get them. Last I heard, it's about six months. At one point they were at 2 years. That to me is unacceptable but who is going to punish the Ohio AG's office for not working fast enough?
It only takes one judge somewhere in this state to threaten to hold the AG in contempt. An order to seal, is, after all, a court order. Imagine if it took them six months to enter a court ordered protection order. Considering the political aspirations of the man currently holding the AG's position I imagine he'd do everything possible to avoid such a political spectacle.
True, but doesn't he still have piles of rape kits that haven't been analyzed? And most in the court/jail/law enforcement system know how backlogged he is with sealings. And even worse, the issues with fingerprints that somewhat start at his level and trickle down to law enforcement/courts. There are enough issues at the AGs office that have been made public in the past I'm amazed he is trying a run. We'll just see what the media brings out and what he cries come debate/election time. I imagine he'll say he didn't have the budget to properly handle it and as governor, he'll give the next AG the proper budget.
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Re: HB 563: NICS hold period increased to 30 days

Post by Dixon »

Dumb question. If a wait takes 30 days, can the FFL sell that gun to someone else in the meantime? No money has changed hands.
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Re: HB 563: NICS hold period increased to 30 days

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Dixon wrote:Dumb question. If a wait takes 30 days, can the FFL sell that gun to someone else in the meantime? No money has changed hands.
I would think so from a business standpoint. A dealer would resist keeping inventory that could be moved. I'm not sure if a non-returnable deposit would be legal on a firearm or even available.
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Re: HB 563: NICS hold period increased to 30 days

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qmti wrote:
Dixon wrote:Dumb question. If a wait takes 30 days, can the FFL sell that gun to someone else in the meantime? No money has changed hands.
I would think so from a business standpoint. A dealer would resist keeping inventory that could be moved. I'm not sure if a non-returnable deposit would be legal on a firearm or even available.
I don't see why not. If I walk into an FFL and have him do a private party transfer for me and the buyer fails the background check, I still expect the FFL to charge me a transfer fee. After all, they did do work.

I would venture if they increased it to 30 days most FFLs would simply treat a hold as a denial then.
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