Handgun purchase today and delayed status...?


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TidePride50
February 26, 2009, 06:38 PM
Has this happened to anyone else? I just bought a used 12GA shotgun this past Monday at a pawn shop with no problems. They called it in and I walked out with it 5 minutes later. I don't have anything on my record that should have caused this. The only thing I'm guilty of is driving fast, I do have a couple of speeding tickets. The only other thing I thought might have caused a problem is I recently got a duplicate of my driver's license because the previous one had my old address on it and my FFL told me it had to be current, so anyway when I went to get the duplicate and they changed my DL# because it was my SS#. Anyway, I'm freaking out here because I got the delay and it makes me feel like a criminal. He told me I could come pick the gun up on March 4th, which is next Wednesday. Will the FFL have to call back and run it again or will I just be able to get the gun?

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RippinSVT
February 26, 2009, 06:41 PM
I have heard of that happening a few times, mostly due to people with the same name, etc.

Yoda
February 26, 2009, 06:41 PM
Is there a local waiting period?

MT GUNNY
February 26, 2009, 06:44 PM
You walked out with the Shot gun in 5 mins on Monday, 4 days later you Purchase a Handgun, Thats where the Problem Lies, not to worrry youl get it. Next time wait a week or buy them at the same time!

ThrottleJockey
February 26, 2009, 06:58 PM
You have no worries, happens all the time. I bought a gun at one store, got "delay" status, bought another one elsewhere less than 30 min later and took it home. When I got home the first shop called me and told me to come get my gun, I was just cleared.

ThrottleJockey
February 26, 2009, 07:01 PM
My concern is that they are going to make you wait a week, that is not consistent with anything I have experienced. They have up to a week to deny you, at the end of 7 days, if they haven't denied you, you get the gun regardless. They will often call back 20 min. or a day....and clear you. This is when the gun dealer should notify you to come get your gun.

coloradokevin
February 26, 2009, 07:06 PM
Anyway, I'm freaking out here because I got the delay and it makes me feel like a criminal.

Don't. I was just in a police supply store the other day for a holster repair at their gun counter. Anyway, this place only sells to active LEOs, and you can buy a gun there only one of two ways:

1) Department letterhead
2) Department ID along w/ standard yellow form

So, a female officer is in line in front of me, waiting to pick up a new duty weapon. She went the yellow form route, and was explaining that she had been delayed for some reason.

If us active duty police officers can be delayed on purchases, don't let yourself feel like a criminal for it!

ArmedBear
February 26, 2009, 07:06 PM
It happened to me today, too.

And I have a VERY rare name. I think I'm the only one in the US.

I believe they either do it at random, or they have computer problems but instead of admitting it, they just put a hold on the sale.

Fortunately, I have another firearm I can use if I need to.:p

(I.e. I didn't care this time, but if it involved an upcoming match, or hunt, or something, I'd be ticked off.)

MT GUNNY
February 26, 2009, 07:12 PM
I suppose if I was a ATF agent I might put a Person named ArmedBear on Hold to :neener:

CSA 357
February 26, 2009, 07:31 PM
IN THE LAST YEAR I GET DELAYED EVERY TIME I BUY A GUN, THEN THREE DAYS I CAN GET IT? IT REALY PISSES ME OFF! SO I GUESS THEY ARE HAPPY:fire:

earlthegoat2
February 26, 2009, 08:27 PM
Its all random. Ive been delayed here and there but mostly proceed. Just go back and get your gun later it has no bearing on your future.

Hungry Seagull
February 26, 2009, 08:31 PM
I seperated a month between the shotguns and the handgun purchase. No problems.

moooose102
February 26, 2009, 09:03 PM
Some places do have a mandatory waiting period for handguns. The idea is it gives a person time to "cool off" if he is planing to murder someone due to anger.

TidePride50
February 26, 2009, 10:14 PM
Well, I must say I am feeling a bit better since reading the replies. Thanks.

outdoorman63
February 26, 2009, 10:38 PM
it happens occasionally dont sweat it

jard
February 26, 2009, 10:45 PM
Here in Idaho, once you have your CWP, they don't even call it in. Havn't had to worry about a delay since then.

Bill2e
February 26, 2009, 10:46 PM
What state? Is there a waiting period in your state? for hanguns (3-days in florida if you do not have a CCW)

dakotasin
February 27, 2009, 12:12 AM
for a period of about 2 years i was put on delay for every single gun purchase.

so... i'd drive to gun shop (90 minutes one way), fill out the 4473, get put on delay, and drive 90 minutes home w/ no gun. wait for the gun shop to call me back (usually that evening or next day). shift my schedule around so i could spend the 3 hours of drive time plus however much time it took me while i was in town...

i cannot begin to tell you how infuriating the nics checks are to: 1- people who already legally posess several dozen guns received via ffl transfers and 2- rural dwellers.

i never got put on delay until i bought my first ak... after i bought that ak, all gun purchases became a real hassle.

fortunately for me, in the past year or so i haven't had to go thru the delay bs... however, my recent acquisitions of 6 guns within 7 weeks time will probably begin the delay process again...

long way of saying just hang in there. call your ffl tomorrow and ask if he's heard back. if you happen to be in the shop, ask him to call back in and tell the story of being delayed yesterday and looking for any possible update. it worked for me 2 or 3 times. most times they just said 'delayed'.

crazy-mp
February 27, 2009, 12:15 AM
seperated a month between the shotguns and the handgun purchase. No problems.

WHAT?!?! I have already bought 8 guns this year and none have been delayed, or anything. 2 handguns exactly one week apart from each other, diffrent stores too.

And just to really make you mad I am picking up 3 AR lowers this weekend!

My dad get delayed every time he buys a gun, try not putting your Social Security number on there, it is not required, the paper even says so, all the dealer says is "not provided" when they ask.

ThrottleJockey
February 27, 2009, 12:37 AM
"try not putting your Social Security number on there, it is not required"

I hope not, that would be yet another violation of the law! Now that you mention it, I think it might actually hold water. The times I exclude my ssn do seem to have gone smoother:scrutiny:

oldFred
February 27, 2009, 01:04 AM
Hey I got a good one for ya!

Bought my handgun in January. Had to wait 3 days because of a delay, and I used my SSN. On the third day I returned to the store where the gentleman told me I could pickup regardless of the status after 3 days. While waiting he called again to ask about the delay. The lady on the phone told him they were processing 30,000 applications in the last 3 weeks! I don't know if this was nationally or my state only.

So in case any of you readers have been sleeping, it IS a MAD RUSH to get armed!
GOD BLESS AMERICA! I LOVE YOU!

GRIZ22
February 27, 2009, 01:09 AM
Tthe first time I was delayed i wondered about it. My dealer told me not to worry as he had a Captain from the State Police (who run NICS) get delayed. I went to Dunkin Donuts and before I started my coffee (about 15 minutes) my dealer called me and said i was approved.

Delays can be for a variety of reasons so don't get upset over it.

hadmanysons
February 27, 2009, 01:25 AM
I bought a rifle from Gart Sports/Academy Sports/Whats there other name and about a week before that bought a handgun. Nothing happened in between that time; no tickets, taxes, generic Hollywood mall shootouts and I was "delayed" for about 2 days. When the Colorado Bureau of Investigation figured out that I wasn't "hording" gun or "building" and arsenal everything went smooth.

TidePride50
February 27, 2009, 09:40 PM
Well, I got good news and bad news. The good news is my FFL called today and told me I was cleared and I could come pick up my gun. The bad news is I was out of town and will have to wait until Monday now. Atleast now though I know I can go get the durn thing with no trouble.

akodo
February 28, 2009, 06:32 AM
try not putting your Social Security number on there, it is not required

Something to be aware of. The Mexican government has asked the US government to access to these records, to 'stem the tide of illegal guns from the USA'

I have no doubt that there will be a few hundred minor paper-pushers who will be doing the actual checking. It wouldn't take much of a bribe at all to have them scribble down a few SSNs then rather have a fake SSN card and green card with a random number, the average illegal will simply steal a person's identity

Tom Servo
February 28, 2009, 08:37 AM
Nothing to worry about. One of the most common reasons for a delay is system backlog. Right now, the NICS system is severely overburdened, and delays during busy periods are the norm.

NRA_guy
February 28, 2009, 09:04 AM
I had the same problem (delays) which can be a real deal breaker at a gun show.

I have a spic and span clean record.

I tried to find out what the problem was, but couldn't.

Word I got was if somebody had a similar name or close SSN to yours, it would get the delay while they made sure.

I did find out that you can write the FBI or BATF (can't remember) and ask why you are getting the delay. They are supposed to tell you. But I never did. I figured writing them would just raise more flags.

I just got a CCW permit and in my state (Mississippi) that gets you out of the background check.

Fill out the paper, show the CCW permit, pay your money and walk away with the gun.

NRA_guy
February 28, 2009, 09:19 AM
OK, I looked it up:

A delay response indicates that information you supplied on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 has been matched with information contained in the National Crime Information Center, the Interstate Identification Index, and/or the NICS Index. Complete disposition information is not always available and a further review of these records is necessary. 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.

The Privacy Act of 1974 restricts the dissemination of specific information to you via the telephone.

Under the provisions of Title 28, United States Code, Sections 16.30 through 16.34, you can obtain a copy (for a fee) of any identification record the FBI may maintain on you by contacting the following unit at the address and telephone number provided:

Federal Bureau of Investigation
Criminal Justice Information Services Division
Attention: Correspondence Group, Module D-2
1000 Custer Hollow Road
Clarksburg, WV 26306
Telephone Number: (304) 625-3878

Here's more:

The NICS Section

Located at the FBI’s Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, the NICS Section processes background checks for the FFLs in those states that have declined to serve as POCs for the NICS. The FFLs conducting business in these states will contact the NICS either by telephone, via one of the contracted call centers, or electronically by the NICS E-Check via the Internet. The FFLs will provide the descriptive information requested on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.

If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee’s descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by a NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) review the information to determine if state and/or federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the NICS Examiner will advise the FFL they may PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on line 21b of the ATF Form 4473 and retain the form for auditing purposes.

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.

When a transaction is DELAYED, the NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.

In states that agree to serve as POCs for the NICS, the functions performed by the NICS Section are performed by a local or state law enforcement agency which services the FFLs. The FFLs call these local or state agencies, which perform the check, make the decision whether the check indicates an individual is disqualified or not from possessing a firearm, and notify the FFL of the results of the check.

Source: http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm#top

Walkalong
February 28, 2009, 09:28 AM
I used to get delayed a minute or so every time, but not any more. Maybe they caught my arch nemesis. :D

GRAYRID3R
February 28, 2009, 02:17 PM
I was delayed once out of 12 times. I was born in the Phillipenes (Clark AFB) and the gun shop said some people doing the checking are just not to bright. Luck of the draw.

dwalkerman
February 28, 2009, 03:15 PM
Hey Fellas.....I recently had an experience that was similar. I had taken 10 pistols to my friends gun shop to sell on consignment...went back there several weeks later to pick up 5 of them...was delayed..then several hours later was denied!!! These were my own guns...that all were legally purchased, etc. So...I file an appeal with NICS and get a letter back a week later saying that I may be a convicted felon!!! News to me...I've never had anything more than a speeding ticket!! I now have to go down to the State Police and get a set of rolled prints and send them to the FBI. I do this...call the NICS hotline the same day I mailed the prints off...and talk to this gal who actually was very nice...I was wondering what kind of time frame I was looking at to get this matter cleared up. She said most likely several weeks. I asked if this happens often...and she said there was no rhyme or reason to it. Anyway...several hours later I recd a call from my gun store friend and he said the NICS folks had called him and cleared me to get my guns back!! He said that this was the first time he ever had a denial be reversed by phone. If I was a convicted felon....do ya think I would have taken firearms to a gun shop to sell?????? Dana

NRA_guy
February 28, 2009, 03:40 PM
I've heard of guys who pawned a gun and could not get their own gun back because the pawnshop ran a background check before giving them back their own gun.

Lesson there is don't pawn your guns.

tkaction
February 28, 2009, 03:44 PM
I believe that it is the law that if you sell a gun through a dealer that it is logged in on his books and you must go through a nics to get it back.

Deltaboy
February 28, 2009, 08:47 PM
I have seen it happen in Texas and we have no waiting periods any where in the state.

solareclipse
February 28, 2009, 09:07 PM
I get delayed.. like almost always. If you ever have had any security clearance or if you have had certain checks it will always delay you.

What happens is NICS tries to pool another system to get the details and most of the time it is not automated and there isn't an employee on call to respond till later.

It doesn't mean there is anything bad on your record.

wyocarp
February 28, 2009, 09:11 PM
You walked out with the Shot gun in 5 mins on Monday, 4 days later you Purchase a Handgun, Thats where the Problem Lies

That has nothing to do with it. I've probably puchased as many a dozen guns in a week with no delays. One week this past fall, I bought an AK pistol. I went into another store and bought two AK's on election day. After the election, I went back in and bought the rest of his stock (another five AK's) I noticed an AR I liked when I bought the five AK's but I felt like I had spent enough money. Well, I went back and bought the AR the next day and a pistol that I had wanted. Then I happened into a couple new Glocks. And, I had won a special item on gunbroker.

It was an exceptional week, but I've had some other weeks as wonderful.

Dorkfish
February 28, 2009, 09:27 PM
Two approvals within 5 business days will be all it takes.

wyocarp
February 28, 2009, 09:30 PM
Dorkfish, I'm sorry, but they don't care about the number of approvals. Yes, if you purchase or pick up more than two guns from the same dealer in a week, they have an additional form to fill out, but it doesn't affect whether one gets held up or not.

camper1
February 28, 2009, 10:34 PM
I'm constantly delayed. It's to the point now that my gun shop tells them I'll be delayed when they call it in. I'm used to it now and usually wait 20 minutes and then tell them I'll be back the next day. What we need is a punchcard for repeat purchases.

Dorkfish
March 1, 2009, 12:22 AM
You are supposed to be able to avoid the repeat delays by obtaining a BATFE issued NICS pin. I get delayed, but they have been calling lately the day before the 3 day hold to issue an approval.

True, they don't care if you make multiple purchases, but their regs with NICS show that they are only supposed to allow 1 approval at any 1 FFL within 5 business days, your FFL should have this information as it's not published on the web. If not, then I'll look into what I was shown 3 weeks ago on NICS guidelines when I inquired as to why my State's CCW was not considered an exemption to NICS. BATFE and NICS aren't willing (I don't think they can provide a documented answer) to provide a documented answer.

ACBMWM3
March 1, 2009, 02:48 AM
it depends on many factors. bought a AR pistol lower the other day had to wait a week even with my CPL, bought a handgun today and got it within 5 minutes.

wyocarp
March 1, 2009, 01:59 PM
they are only supposed to allow 1 approval at any 1 FFL within 5 business days

Show me.

NRA_guy
March 9, 2009, 08:03 AM
I think a lots of the weird described "rules" are coming from states that operate their own handgun instant checks, and have their own local rules.

As I understand, some states run their own programs and some rely on the Feds to run it.

I am pretty sure the Feds have no "2 guns in 5 days" rule.

Well, at least not yet, but will have soon under the Obama regime.

chuckusaret
March 9, 2009, 08:17 AM
I live in Florida and have never had to wait, always walked out with what I bought within 30 minutes or so. But that has ended because of the outrageous
prices the local dealers are asking for their guns now. I'll stick to the gun shows and web dealers and save money even after the shipping charges etc. are added.

Carlos Cabeza
March 9, 2009, 03:44 PM
I have bought numerous guns from the same store so they should have a folder in the back with all the 4473's in it.

"Mr. CC, I see you have bought "x" guns here in the last several years."

OK, you're good to go ! come back soon !...............................

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