Instant check not so instant

Discussion in 'The Constitutional & RKBA Forum' started by springerbuster, May 31, 2010.

  1. springerbuster

    springerbuster New Member

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    I went in to my local gun store on Friday to pick up a Springfield 1911 that I have been saving for. After filling out the paper work I waited while they ran the background check. I had paid in full and expected to walk out with my new gun. The guy hangs up the phone and tells me that I had been denied. He said that this happens all of the time and it was normal in some cases to have to wait for two weeks. I am glad I am not like the guy that I overheard while in the store that he was buying a gun because someone had been threatening his life. I am still PO because I have to wait. Has anyone else had this problem?
  2. Marlin T

    Marlin T Active Member

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    Are you a vet?
    Iraq Afghanistan?
  3. wpage

    wpage Active Member

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    Want to make certain your not feuding with someone.
  4. Terry_P

    Terry_P New Member

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    NH apparently has a different type system (what else is new) and it always takes longer. When I got the LCR it was about 45 minutes to clear the check but never have been denied. From what the clerk told me they have two people at the state police that do the checks and if they get busy checks are the lowest priority.
  5. Cortman

    Cortman New Member

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    In Oregon they will let you buy the guns and then at 1:00AM the SWAT team and about 20 cops will show up and surround your house and call on the phone and demand you to come out with your hands in the air. This happened in Medford, Oregon a few months ago. The guy had been fired from his job and the cops assumed he was going to shoot his ex boss. How presumptive, are they mind readers here? Sounds far fetched? For more info contact Kevin Starret of http://oregonfirearms.org/ CORTMAN
  6. springerbuster

    springerbuster New Member

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    No I am not. Just your average Joe. Never been in trouble. I might add though, that this happened one time to my wife when she was buying a gun for me for Christmas. They told her that it was probably because she had never bought a gun so it threw up a red flag cause it was her first time she had ever been checked.
  7. trickyrick

    trickyrick Member

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    were you denied or delayed....big difference. delayed means they will either call later to deny or ok. sometimes they just let the allotted time expire and you can pick it up then. if you are denied...your not getting a gun...period. big hassel to find out why and get it changed...if it can be.
  8. Terry_P

    Terry_P New Member

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    Did they confiscate his guns?
  9. springerbuster

    springerbuster New Member

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    Sorry I wasn't very clear. I was delayed until June 7th. The salesman said I would get approved or denied on or before the 7th. The 7th would be about a 10 day wait. So far I have not heard a thing.
  10. Orlando

    Orlando Member

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    Delays happen all the time, you are not the only one.
    My FFL says he gets has police tat get delays.
    Someone who has a name and description that is close to yours and a flag is thrown.
    Someone has to do a more indept check to see if you are good to go.
    Actually if your FFL does not here back in 3 days he can release the firearm to you.
    Some FFL's will ,some wont
    If you continually get delays you can apply for a PIN that will stop them
    I got delays for a few years and then they stopped for no reason
  11. springerbuster

    springerbuster New Member

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    Thanks Orlando for the info. They told me at the store I would have to wait until the 7th, but I will call and ask about the 3 day period.
  12. user

    user Active Member

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    I get delayed all the time, and finally found out it was because of a traffic incident that happened about twelve years ago. Some folks have the problem of having a name similar to some person the United States has branded as evil. But the delay isn't supposed to last more than three days - if they can't make a decision in three days, you're supposed to be cleared.
  13. Orlando

    Orlando Member

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    If the FFL is not conacted in 3 days it is up to his descression wether he relases the firearm or not. The FFL is not require to





    If it is determined that prohibitive criteria exists, the NICS Examiner will advise the FFL to DENY the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the FFL will receive the following instructions:

    “. . .NTN ___ will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on day/date.”

    The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.


    The NICS Section exhausts all efforts to retrieve current record information by contacting all applicable law enforcement agencies, i.e., local, state, and federal courts, etc. The Brady Handgun Violence Prevention Act of 1993 allows three business days to obtain this information before a Federal Firearms Licensee (FFL) can transfer a firearm. The FFL is not prohibited from transferring the firearm after three business days have passed; however, the FFL is not required to transfer the firearm.
    Last edited: May 31, 2010
  14. springerbuster

    springerbuster New Member

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    So I wonder why the salesman at the gun store told me that the NCIS examiner said that it would be on or before the 7th of June, a total of 10 days?
  15. Pustic

    Pustic Member

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    I own 22 guns and never bought the first one from a gun store and never will buy from a gun store. I buy from gun shows or private sales.
  16. Cortman

    Cortman New Member

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    Terry P, yes a few days he recieved his guns back, he had to undergo a physco analysis, etc. He had never been in any legal trouble before. The law suites are flying. Unfortunatly the cops in Medford Oregon, and there chief are very antigun. What ever happened to innocent until proven guilty? CORTMAN
  17. USMCSpeedy

    USMCSpeedy Member

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    This used to happen to me. I was told that it was most likely caused by someone else with the same or very similar name that had a questionable record and that the delay is used to verify that you are who you say you are (I don't know the accuracy of that). However, I have since found out that when a background check is run through the FB NICS system that your information from that check is only kept in their system for less than 48 hours. What I did was call them at Customer Service 1-877-FBI-NICS (324-6427) and ask for a Voluntary Appeal File Kit. Once you receive the kit and follow all the instructions, including getting the fingerprint card done by your local LEOs. You send all the info back and and if you are approved (takes quite awhile, you can ask when you call how long of a delay to expect) they will send you a letter issuing you a UPIN (Unique Personal Identification Number). The next time you buy a firearm you put the UPIN in the appropriate box and that info is given with the rest when you check is called in. Since I have done this I have had no more delays. You can get more info on this at the FBI's site http://www.fbi.gov/hq/cjisd/nics.htm
  18. Teejay9

    Teejay9 New Member

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    In CA, we have "instant" back ground checks, and then a 10 day CA waiting period. It used to be 15 days, but the Feds law over rode ours, so in a way, we got lucky. In the mean time look for ammo, holster,etc. It usually goes pretty fast. TJ
    Last edited: Jun 1, 2010
  19. Bobitis

    Bobitis Guest

    I'm thinking it's more local.
    In Washington State, checks are cleared by the dept in your jursidiction.
    I can buy a firearm in Seattle, but the check is cleared with the local PD.

    I don't wait for rifles to clear (maybe two or 3 minutes), but handguns require a 3 day waiting period. Last time I bought one I paid for the pistol and fully expected to wait 3 days. I got a call from the shop the next day to tell me come and get it.:cool:

    You can search my name in a local phone directory and easily get hundreds of 'same names'.

    It's never been an issue for me.:confused::D
  20. rentalguy1

    rentalguy1 Former Guest

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    Every time I've bought one it was literally instant. The dealer hit the enter key and the approval came back immediately. My main gun dealer said it was probably because of the security clearance I held in the military, but who knows...
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