It's all conjecture on your part and you're full of yourself. Why would any FFL get shut down because they release? That's a retarded statement Homer. The onus is on the DOJ, they give/gave permission for the FFL to release on undetermined "AT THEIR OWN DISCRECTION". That doesn't absolve the DOJ from any potential repercussion. The reason FFLs are hesitant and balless is because the lawyers advise them not to release, which is understandable for them to run scared versus throw money at a dog fight.
I have personal experience on the delay/undetermined.
When Harris was the AG, 2011, the delays started in and ramping up. I got a delay on a NFA lower (not even a whole weapon). At the time the delay action was new(ish) to the DOJ, and when you got one, they assigned a "case worker" to your application. In my case the lady handling my 4473 was cordial and helpful. She informed me that the delay was caused by a felony vehicular arrest in 1970 (I was 18). I informed her that the matter was resolved as a misdemeanor. She said to go to the court where the charge was tried and get a copy of the disposition. The court in question was the only court in that county that didn't have internet access. I had to drive 80 miles to stand in line at the court clerk's office only to be told they don't keep misdemeanor records past 1975 (in 2011). I wrote a letter to my case worker at the DOJ, explaining what the court clerk said and reminding them that an arrest was not a conviction. Within a week I got a call from the lady at the DOJ saying my FFL had been contacted, the 4473 processed/approved and that I shouldn't have any issues again involving these charges. From then on, I always asked a new to me FFL what their policy was on a delay. I had delays a couple years later, but the half dozen FFLs I use say phuck you DOJ and release (they have balls or better knowledge and lawyers). Since 2018-19 I've had 9 consecutive delays with an undetermined, a couple occurred during the 1 in 30 fiasco, which really put a crimp on my colleting. PAX
No conjecture, just the reality of running a highly regulated business in California. Resorting to name calling rather than stating facts actually relevant to the broad issue of folks with undetermined status... Your one off scenario is worthless here.
Sure, DOJ says release on undetermined is
at the FFL’s discretion. Everyone here agrees on that. What you’re glossing over is that
discretion cuts both ways. DOJ "allowing" discretion does
not equal immunity from downstream consequences.
No one is claiming there’s a statute that says “automatic shutdown if you release on undetermined.” That’s a strawman. They may not shut down an FFL for releasing to undetermined directly, but they can always dig deeper. I'm doubting you've been through a full FFL audit by the sound of things. What
is real is:
• ATF audits
• DOJ scrutiny
• Civil exposure
• License revocation risk based on “patterns and practices”
• And the cost of defending yourself even when you’re technically right
You’re also making my point for me:
lawyers advise against it.
Exactly. Most FFLs listen to their attorneys (surprise surprise) because keeping the doors open matters more than winning a philosophical argument with DOJ. Ask Sterling how that worked out for him. Running “ballsy” doesn’t pay rent, bills or salaries when a license is yanked or tied up for years. You obviously have zero clue how to run a business, let alone a business under incredible scrutiny every moment of the day. Do you think a small, single FFL has the money to just throw around and win any and all suits, claims or otherwise brought against them? Look at Bass Pro or similar, they won't do half the things that RCGE will do, yet you likely wouldn't take this position on Bass Pro. Take a look around at how many FFLs are left in CA. Do you want them all to be shuttered permanently just to release to someone of "undetermined" status? Then there will be no one left to sell firearms to anyone, undetermined or otherwise. Great argument!
Your personal experience with delays is valid for you, but it’s completely irrelevant to how
someone else’s business chooses to manage risk. An FFL isn’t obligated to absorb legal or financial exposure just because CA/DOJ created a broken system that is far from definitive from anyone's observation point.
There’s a reason most shops in CA won’t release on undetermined, and it’s not ignorance or cowardice, it’s survival. Sacramento used to have plenty of gun shops. We don’t anymore. How about the Bay Area? Even worse. That’s not an accident. Sac Black Rifle for example used to do ALL the grey area stuff. Now? Hardly anything at all, again, not by accident. It's not worth a couple extra bucks if you sacrifice your entire business.
If some shops choose to release and accept that risk, cool, that’s their call. RCGE choosing not to doesn’t make them a scam, shady, or incompetent. It makes them conservative operators in a hostile regulatory environment. Being one very few remaining FFL's in Sacramento CITY, I'd bet they are under a lot more scrutiny that those in Sac County.
We’re not going to agree here, and that’s fine, but pretending most FFLs are dumb or scared because they don’t run their business your way doesn’t make the argument stronger. Go open your own shop since you like to pretend that you're so well educated on the topic and have such huge "balls"
