Denied!

[Mot45acp]

So a few have y'all have seen me griping about waiting on a form 4 since March 2020. Well I found out I was denied/no action.

Was it due to criminal history? Nope. It was due to the FBI not completing the background check. Supposedly they have 80 days to complete the background check. So I got denied because bureaucrats did not do the job they were paid to do. And I was notified in the timely manner of 2 frickin years.

It took 2 years and $200 to tell me that my government is lazy and inept. Now I have the option of paying the FBI directly for a 2nd background check, fingerprints etc or resubmit anothe form 4 from scratch and another $200. With the approval times of E-form 4's I am leaning this direction but open to ideas.

Then again, I'm pretty salty and I may just say screw it, and cut my losses, I already have a 308 can.

 

[jmorris]

It took 2 years and $200 to tell me that my government is lazy and inept.

I could have saved you $200 if you asked me two years ago.

Wait until you have to depend on them for your healthcare…

Some of the stuff they have been doing lately is worse than lazy and inept, it’s malicious.

 

[dogtown tom]

Was it due to criminal history? Nope. It was due to the FBI not completing the background check.

If they didn't complete the check how do you know the reason?

When ATF contacts FBI NICS to run your background check a "proceed" is required....unlike a FBI NICS check on a Title I firearm. On a Title I firearm, the Brady Law does not prohibit the dealer from transferring the firearm on the Brady disposition date.

An NFA NICS check that results in a "delay" is dumped in a box and the FBI NICS deals with it whenever they feel like getting around to it. FOIA requests show that ATF has complained to the FBI for years about the FBI NICS not handling NFA background checks in an expeditious manner. (Basically its the FBI saying "no law requires them to perform NFA background checks and they receive no budget to do so. We do them as a courtesy.". ATF counters with "but FBI NICS is the only means of conducting firearm background checks and background checks for NFA firearms are required per federal law"......both are correct.)

Supposedly they have 80 days to complete the background check. So I got denied because bureaucrats did not do the job they were paid to do. And I was notified in the timely manner of 2 frickin years.

As above, no one "pays" the FBI to do NFA background checks. Congress does not give them funds for that.

It took 2 years and $200 to tell me that my government is lazy and inept.

Your $200 will be refunded.

Now I have the option of paying the FBI directly for a 2nd background check, fingerprints etc or resubmit anothe form 4 from scratch and another $200. With the approval times of E-form 4's I am leaning this direction but open to ideas.

Pay the FBI for a background check? Since when?
I would most definitely find out what your BG check looks like before a second application.

 

[Mot45acp]

If they didn't complete the check how do you know the reason?

When ATF contacts FBI NICS to run your background check a "proceed" is required....unlike a FBI NICS check on a Title I firearm. On a Title I firearm, the Brady Law does not prohibit the dealer from transferring the firearm on the Brady disposition date.

An NFA NICS check that results in a "delay" is dumped in a box and the FBI NICS deals with it whenever they feel like getting around to it. FOIA requests show that ATF has complained to the FBI for years about the FBI NICS not handling NFA background checks in an expeditious manner. (Basically its the FBI saying "no law requires them to perform NFA background checks and they receive no budget to do so. We do them as a courtesy.". ATF counters with "but FBI NICS is the only means of conducting firearm background checks and background checks for NFA firearms are required per federal law"......both are correct.)







As above, no one "pays" the FBI to do NFA background checks. Congress does not give them funds for that.


Your $200 will be refunded.




Pay the FBI for a background check? Since when?
I would most definitely find out what your BG check looks like before a second application.

I received my form 4 back with "RETURN NO ACTION" stamped in big red letters. Hand written note "Open FBI NICS decision" by the examiner.

Silencer shop sent me a link to the FBI sight:
https://www.fbi.gov/services/cjis/identity-history-summary-checks

This is not free, as I have no participating post office near me.

Basically the FBI did not perform the background check in a timely fashion. This information came from the examiner. My dealer has dealt with this particular examiner before, and said she is one of the few "good ones, well as good as anyone from the ATF can be"

I have my LTC and have been approved for the other 2 suppressors I purchased in the same month. Not to mention the other suppressors/SBRs I have.

 

[Mot45acp]

 

[Mot45acp]

 

[dogtown tom]

I received my form 4 back with "RETURN NO ACTION" stamped in big red letters. Hand written note "Open FBI NICS decision" by the examiner.

Odd that they sent it to you. Usually they send it to the dealer.

Silencer shop sent me a link to the FBI sight:
https://www.fbi.gov/services/cjis/identity-history-summary-checks

Yeah, that the Identity History, not a background check.....and they charge for those.

This is not free, as I have no participating post office near me.

I believe you pay $18 no matter what option you choose.

Basically the FBI did not perform the background check in a timely fashion. This information came from the examiner. "

well, no the FBI DID perform the background check and wasn't able to issue a proceed.....thats why the "Open FBI NICS decision" status. Something in their database search is preventimg them from issuing a proceed. For example, if their search shows a missing disposition from a state or county, NICS will attempt to contact that agency to find out the disposition. If they dont get a reply within a certain time..........no proceed, the background check goes to "Open" status.

My dealer has dealt with this particular examiner before, and said she is one of the few "good ones, well as good as anyone from the ATF can be

Pretty much every ATF Examiner I've dealt with has been polite, professional and competent.

I have my LTC and have been approved for the other 2 suppressors I purchased in the same month. Not to mention the other suppressors/SBRs I have.

Were those F4's signed by the same examiner?
Thats bizarre.

 

[Mot45acp]

I will have to check forms if same examiner. The examiner explained that they did not receive any response from the FBI, hence the "no action".

Clarification, I was not denied by the FBI/NICS, I was denied by the ATF due to no response from the FBI regarding my background. So if background was performed, they never sent it to ATF.