NICS question.


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glocksman
December 27, 2003, 03:11 PM
I hold both an Indiana LTCH (License to Carry Handgun) and a Federal type 03 (Curio & Relic) FFL.

For the first time ever (Indiana's permit ceased being an acceptable NICS altenative in October), I had to have an NICS check run on a firearm purchase yesterday.

And the NICS response was 'delayed' :what:

I think I know why this happened.

When I was 18 I got arrested for trying to steal hubcaps. :o Two things happened. The first was the arrest convinced me that I wasn't a master criminal. :D

The second was that after I completed a 'pre trial diversion program' at the prosecutor's office, the charges were dismissed.

So I have a clean record.

However, I do remember the booking officer saying that they forwarded a copy of the arrest report to the FBI as the initial charge was felony theft (later reduced to attempted conversion, and then dismissed altogether as part of the pre-trial diversion program).

My guess is that the initial arrest report from 19 years ago is what is showing up on the NICS check. I'm certain that upon further investigation, the NICS examiner will issue the 'proceed' determination.

After all, if I were ineligible, neither Indiana nor the BATF would have recently issued me their respective permits.

My question is that once the NICS examiner determines the outcome of the arrest (charges dismissed), will he enter that into the NICS database and my future purchases get the immediate 'proceed', or will I wind up having a 'delayed' NICS check from now on?

Any help would be appreciated.

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Bob Locke
December 27, 2003, 03:34 PM
Several reasons for a "delayed" response from NICS.

You stated that this was the first time you ever had a check done when buying a firearm. That's a possibility. Not certain about it, but there may be a flag of some sort on first-time buyers (which the system would see you as).

Then there's the little legal matter you mentioned. Another good possibility.

Also, you may have a fairly common name.

I was always "delayed" when buying firearms in Virginia, but I attributed it to my being in the military and being stationed there. And I didn't get any points for working at the gun shop where I was making my purchases, either!

All in all, I wouldn't worry about it.

Now, if you want to talk about the NICS as a general topic for concern, that's a whole 'nother deal...

glocksman
December 27, 2003, 03:53 PM
My only concern about the delay would be any gunshow purchases.

But after what I saw at the last local show, ammo would be the only thing I'd buy in the future. $180 Yugo SKS's that looked like they'd sat out in the rain for the last 20 years, $200 worn out Russian Makarovs, $40 AK magazines, etc.

If I were an ATF agent, I could have busted at least 3 dealers for 922(r) violations on their SKS's.

One idiot even had a commercial (bayo lug ground off at the factory) Chinese SKS with a duckbill 30 rounder in it and was asking $300 for it as a 'detachable magazine' SKS. :rolleyes:

Perhaps I'll write the FBI about the NICS question.

davera
December 28, 2003, 03:52 PM
I am routinely delayed by NICS ... it is frustrating but I've sort of learned to live with it (as well as look for private sellers at gun shows). Four out of five purchases in the last year were delayed, inexplicably I was able to take my Buckmark pistol home on the day I bought it.

My delays are probably due to a thing in 1973 where I possessed an unlawful "substance". Although it was said this would be erased after completing probation it was not. I know this because when I was checked for my CCW permit (Alabama) it was mentioned. The CCW was approved however.

Unfortunately, you cannot do anything about a delay. If denied you can appeal and learn the reason for the denial but, for a delay you have no recourse other than wait for approval or after three business days if NICS has not changed it to a DENY you should be able to complete the purchase.

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