DELAY on NICS Background Check for everyone at LGS this afternoon

[DustyGmt]

I get delayed every time, except for once I got an immediate go ahead, on a lower. I was surprised because I've been delayed 19/20 times or there abouts.

My buddy just got delayed at Kittery trading post, an entire month went by with no word back from NICS and I guess KTP has a policy that they won't transfer until they get a green light from NICS as opposed to proceeding after 3 days. That would drive me nuts, I know my buddy wasn't happy about it. He thinks it's because at one point he had a MJ card.....who knows.

 

[plainsdrifter]

I get delayed like every other time.
Never been denied.
Should not happen, ever after getting a proceed as there's no excuse cept .gov being dicks.
CCW is a TAX and no one should have to pay.
I live in AZ so they can suck it.
Now that a FFL is required to report a HOLD to local police I refuse to buy cept person to person.

 

[Jimbo80]

Post 9/11 I was denied while trying to purchase a rifle. It was due to clerical errors. I ended up getting a UPIN number which mostly ended the denials but I still wait hours for approval every time.

 

[daniel craig]

I went to my LGS today to pick up a couple of transfers and got my first DELAY on my NICS background check. In fact, everyone there to pick up a firearm who did not have a concealed carry permit got a delay during the almost two hours I was there, including two police officers who were visibly upset (in Texas they don't have to call in a NICS check if you present a current concealed carry permit.)

I had to take off work and wasted about 3 hours total to try to pick up my firearms only to be told to come back next week. I can't express how frustrating this is, given that just this calendar year I've purchased many firearms (edited to avoid comments about exactly how many guns I've purchased) without a delay of any kind. Of course there is no recourse to this delay and no reason given for it. This is the first firearm I've picked up since the election and the tinfoil hat-wearing conspiracy theorist in me thinks this may be intentional, perhaps a harbinger of things to come.

More likely it is just governmental incompetence. I've been at the LGS when one or two people got a delay but never when everyone getting checked did. What do y'all think? Have any of you been experiencing these delays? All I could think on the way back was about a right delayed being a right denied.

It's not as uncommon as you would think, especially around the holidays and hunting seasons, which typically see an uptick in firearm sales.

 

[daniel craig]

Also with the uptick in sales, a downtick in employees as they go on leave for the holidays.

 

[Tilos]

Post 9/11 I was denied while trying to purchase a rifle. It was due to clerical errors. I ended up getting a UPIN number which mostly ended the denials but I still wait hours for approval every time.

I recently looked into the application for getting a UPIN number and found out the apps. currently being processed were submitted 12 MONTHS prior.
So, I went the state carry permit route and had my enhanced carry permit within a month.
Yes, I had to take a class ($125), make an appointment to submit fingerprints, then wait for a background check done be the state, not NICS.
Now when I buy, my 4473 info never leaves the FFL, and I walk out with my gun then and there.

So yeh, getting a UPIN number NOW (at least for me) can take a year just to get the processing started.
jmo,
.

 

[Styx]

I recently looked into the application for getting a UPIN number and found out the apps. currently being processed were submitted 12 MONTHS prior.
So, I went the state carry permit route and had my enhanced carry permit within a month.
Yes, I had to take a class ($125), make an appointment to submit fingerprints, then wait for a background check done be the state, not NICS.
Now when I buy, my 4473 info never leaves the FFL, and I walk out with my gun then and there.

So yeh, getting a UPIN number NOW (at least for me) can take a year just to get the processing started.
jmo,
.

Getting an UPIN isn't going to stop you from being delayed.

 

[Tilos]

Getting an UPIN isn't going to stop you from being delayed.

Thanks for reading/quoting my post...
I never said it would, but others posting here say it will and my local FFL has told me it would stop delays too.
Maybe all that is different where you live.
So, if I agreed with you, we'd both be wrong.

You do you, I'll do me, and we can both be happy in our own little worlds...
No need to respond here, you're wasting your wisdom on me.
I'm guessing you will though,

.

 

[Styx]

Thanks for reading/quoting my post...
I never said it would, but others posting here say it will and my local FFL has told me it would stop delays too.
Maybe all that is different where you live.
So, if I agreed with you, we'd both be wrong.

You do you, I'll do me, and we can both be happy in our own little worlds...
No need to respond here, you're wasting your wisdom on me.
I'm guessing you will though,

.

Why are you getting so defensive? You did not explicitly say, but you clearly eluted to, initially looking into obtaining an UPIN as a way to stop being delayed. Instead you went the CCW route because there wasn't a year wait. I read your post. I was letting you know that it wouldn't have worked out that way if you went the UPIN route. The topic has been covered here several times in the past.

It does not stop delays. It can in some cases, but not in all. From what I seen reported from people who were frequently delayed and got a UPIN number, many were still being delayed afterwards. Below are quotes from ONLY one thread. There have been dozens of threads, post, and inquiries on the subject. It was also state's that the UPIN only helps on the Federal level, so if the state you live in does additional checks on top of what NICS does (my state does), you may still be delayed.

I was just trying to let you know that it didn't generally stop delays and you took the right path, but I won't try to enlighten you any longer.

Yes applying for a Voluntary Appeals File and getting issued a UPIN can help.

And @illinoisburt is correct. not every state's CCW permits qualify for a NICS exemption. I know Missouri's CCW does not qualify for the exemption.

The longest I was delayed when using my UPIN was 1 1/2 hours, otherwise the checks go through instantly. My situation is a bit different though and I had to get a UPIN to keep from getting denied. My dear brother, with a long criminal history, stole my identity and also used my name as an alias.

If you have never received a "denied" response, I wouldn't worry about it.

A friend of my uncle, last I knew, had (or had applied for) a UPIN because his son is a convicted felon.

He still gets delayed every time. As compared to before the UPIN, having to appeal the denial every time.

My UPIN took over six months to get but my situation was particularly complex owing to a grossly inaccurate FBI record. You mentioned "required for the appeal", if you mean you were denied and are appealing, that is taking 3+ months last time I checked. If you mean for the voluntary appeal file, it will all depend how cut and dried your situation is.

Even after getting my UPIN, I still encountered consistent delays. Then, once I was granted naturalized US citizenship, the delays disappeared. The longest I've seen since is maybe 3 minutes.

I'm meticulous beyond the pale when filling out form 4473, I ask the counterman to compare the printed UPIN with the one I wrote, then I check it one more time. I also press to visually engage the counterman in order to ensure he understands I have a UPIN and the importance of using it. So far, so good.

Good luck!

NICS uses a search engine that includes close and inexact name searches. Running a BG check on "Michael John Waldo Jr." may return records for:
Michael John Waldo
Mykel John Waldo
Micheal John Waldo
Michael Jon Waldo
Michael Johann Waldo
Michael John Waldo II

If one of those other Waldo's is a prohibited person, the NICS customer service rep will tell the dealer "NTN number XXX12345 is delayed while NICS conducts additional research. The Brady Law does not prohibit you from transferring the firearm on XX/XX/XXXX." The date they tell the dealer is not three days, but three business days beginning the next business day and does not include weekends, holidays or days state offices are not open. So that "three day delay" could be a week.

Even having a UPIN does not guarantee an immediate "proceed" response from NICS.

There are a whole lotta Texans that think our recent constitutional carry law means they have no need for a License To Carry.......they'll be surprised to learn otherwise.

 

[Will Munny]

That sounds good and all, but I deal with reality. The reality is most Americans including many gun owners support background checks. I have seen countless debates on online forums were gun owners only sold to gun shops, put firearms on consignment, or did face to face sales via transfers at gun shops even in states where private transactions are legal because they want background checks and a paper trail.

I can virtue signal and say things that sound good, but the reality is there's not enough votes in Congress. Even if Republicans win the majority (which they have several times in the past), the likelihood that they will undo NICS checks is highly unlikely, and that's an understatement. The current SCOTUS is also not likely to deem it unconstitutional.

I don't like it and I will support efforts to repeal it, but I live in the here and now real world. Right now, it's the law of the land that's not going to go away where in the near future no matter how much I opine about it, so I have to deal with it and make the best of it. I am accepting a reality that I do not like.

Argumentum ad populum. A violation of a constitutional right cannot be made legitimate even if most people want it to happen. The approach of "I have to deal with it and make the best of it" ensures nothing changes.

As to people wanting background checks and a paper trail, a simple way around that would be a broad immunity law that prevents anyone from bringing a suit against someone for the commission of a crime by a 3rd party. Problem solved.

The issue with 2A advocates is that they are weak and uncreative, while proponents of other civil liberties have frequently used every tool in the book to bring about the rights they were asking for.

 

[Styx]

Argumentum ad populum. A violation of a constitutional right cannot be made legitimate even if most people want it to happen. The approach of "I have to deal with it and make the best of it" ensures nothing changes.

As to people wanting background checks and a paper trail, a simple way around that would be a broad immunity law that prevents anyone from bringing a suit against someone for the commission of a crime by a 3rd party. Problem solved.

The issue with 2A advocates is that they are weak and uncreative, while proponents of other civil liberties have frequently used every tool in the book to bring about the rights they were asking for.

I never once stated that "a violation of a constitutional right" could "be made legitimate even if most people want it to happen." It technically can if they vote representatives into Congress who will admend the Constitution. Anyway, what did elude to is that the lack of support and activism from the majority of the country including gun owners realistically is just one more of many reasons I don't see anything changing or it passing Congress.

The Constitution give SCOTUS and the judicial system the right to interpret the Constitution and to rule whether a particular law violates it. Your/our personal opinions on how things should be and whether a law is unconstitutional or not does not matter. SCOTUS has also used that NICS checks are constitutional.

The facts and overwhelming probability is, whether you like it or not, background checks are not going anywhere anytime soon.

 

[Jimbo80]

[QUOTE="Styx,]Getting an UPIN isn't going to stop you from being delayed.[/QUOTE]

I think there is some confusion about "delayed". What used to be a "Conditional" delay is different than a few hours delay getting a decision. That can happen UPIN or not.

The UPIN adds docs to the NICS process that explain any issues like same names, mistakes in criminal history, etc. to the agent doing the check. It tells them that the holder has been cleared by the FBI to legally purchase guns. No system is perfect and while technically it's possible to still have issues, my experience has been that it indeed stopped them. It's like that for way more than just me. In 6 years selling guns in a busy retail shop I can't remember seeing a UPIN holder have problems other than long wait times unless the UPIN number was overlooked by the FFL or FDLE. A phone call usually resolved those issues fairly quickly.

 

[Styx]

[QUOTE="Styx,]Getting an UPIN isn't going to stop you from being delayed.

I think there is some confusion about "delayed". What used to be a "Conditional" delay is different than a few hours delay getting a decision. That can happen UPIN or not.

The UPIN adds docs to the NICS process that explain any issues like same names, mistakes in criminal history, etc. to the agent doing the check. It tells them that the holder has been cleared by the FBI to legally purchase guns. No system is perfect and while technically it's possible to still have issues, my experience has been that it indeed stopped them. It's like that for way more than just me. In 6 years selling guns in a busy retail shop I can't remember seeing a UPIN holder have problems other than long wait times unless the UPIN number was overlooked by the FFL or FDLE. A phone call usually resolved those issues fairly quickly.[/QUOTE]
So what do you mean by long wait times.

 

[Jimbo80]

Long wait times are most often caused by the system getting overloaded. Here in FL the FDLE handles the NICS checks. We don’t have a pass here by having a permit so everyone gets a check run. There are only so many agents so sometimes everyone that’s not an instant approval often has to wait. UPIN holders often have longer waits because agents tend to put them aside until they aren’t backlogged.

 

[Robert]

Man I really need to invest in aluminum foil... Sometimes things happen, connections are slow, servers are bogged down, demand is high...whatever. That doesn't mean the sky is falling. And while we should always keep a weather eye, we also shouldn't jump to wild speculation just to suit our beliefs.