Faith in NICS BG check lost, restored (moved from Legal)

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bikemutt

bikemutt

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Mods, please move if this doesn't belong in legal

I, and my FFL dealer, were shocked last week when a routine BG check for a handgun I was buying was denied. The good news is he received a call from NICS the following day stating they'd made a mistake and changed the deny to a proceed.

Perhaps the better news, according to my FFL, is the person he spoke with was more than a bit upset about the mistake. Without trying to overstate a conversation I was not party to; they really don't like to get this wrong.

I can't say I'm happy about being misjudged; that the misjudgment was acknowledged and handled quickly is encouraging.
 
It's good that it turned out right. Just imagine if they didn't get back with your FFL, and you had to dig into it to find out what happened. It might have taken a while to fix.
 
Exactly drec.

Pending SBR; no
Resident CWP; forfeit
Non-resident CWP; forfeit
New guns; no

The list goes on.
Add to that appeals are on the back burner, or maybe off the cooktop altogether.
 
Faith restored? Not me!

About eight or nine months ago, IIRC. I bought a pistol online with Rural King. Paid for it on their web site and had it shipped to local Rural King store. It arrived in just a few days and I went to pick it up. NICS check came back denied. Really friggin embarrassing. I had just bought another rifle five days prior without a problem with NICS.

I appealed it just as soon as I got home. Don't remember all the details but I think they had 15 days to let me know why I was denied. 15 days came and went. Had not heard anything and I'm ticked to say the least. Called the 1-800 number and used the FFL options on phone tree. Luckily, someone nice answered the phone. She checked it out for me and said there was no reason for me to be denied, got her supervisor to correct the error. I got the impression this was happening a lot and she didn't like it. Reading between the lines of the conversation on their end, this was becoming more common. More common to deny checks and leave people in limbo of being denied with no appeals being processed. She and her supervisor seemed like honest, hard working people caught in a bureaucracy that was being misused. Tea Party and IRS maybe? Need to add more tin foil to my hat? I dunno. Something definitely amiss.

Thankful there are some good people working NICS. Obviously, not all of them are.

Odd thing about pistol. It was paid for. They couldn't send it back and they couldn't give it to me. It was to stay in backroom storage until this was resolved. However long, or if even, that took.

In an LGS last month and ran across another pistol I wanted. More than just a little nervous during the back ground check.
 
Many times, a denial comes back because it didn't pass the auto processing check, and needs eyes on by a human. Could be someone with a similar name, or one of their multiple databases they check being down.

Here in TN, about 95% of denials are overturned by the appeal process. Fortunately, we don't use NICS, but TICS, the TBI's system. There's no moratorium on appeals with our system.
 
Bang! said:
Faith restored? Not me!

About eight or nine months ago, IIRC. I bought a pistol online with Rural King. Paid for it on their web site and had it shipped to local Rural King store. It arrived in just a few days and I went to pick it up. NICS check came back denied. Really friggin embarrassing. I had just bought another rifle five days prior without a problem with NICS.

I appealed it just as soon as I got home. Don't remember all the details but I think they had 15 days to let me know why I was denied. 15 days came and went. Had not heard anything and I'm ticked to say the least. Called the 1-800 number and used the FFL options on phone tree. Luckily, someone nice answered the phone. She checked it out for me and said there was no reason for me to be denied, got her supervisor to correct the error. I got the impression this was happening a lot and she didn't like it. Reading between the lines of the conversation on their end, this was becoming more common. More common to deny checks and leave people in limbo of being denied with no appeals being processed. She and her supervisor seemed like honest, hard working people caught in a bureaucracy that was being misused. Tea Party and IRS maybe? Need to add more tin foil to my hat? I dunno. Something definitely amiss.

Thankful there are some good people working NICS. Obviously, not all of them are.

Odd thing about pistol. It was paid for. They couldn't send it back and they couldn't give it to me. It was to stay in backroom storage until this was resolved. However long, or if even, that took.

In an LGS last month and ran across another pistol I wanted. More than just a little nervous during the back ground check.
Click to expand...
You are in Tennessee......your dealer calls the State of Tennessee, not the FBI NICS.
 
My understanding is if a gun buyer causes a "hit" when the BG check is run, the transaction must be kicked upstairs to an "examiner", presumable an actual FBI employee versus a contract call center civilian. A UPIN is supposed to accelerate the review process by the examiner so the transaction can be proceeded quickly, unless of course, additional prohibitive information is discovered.

The delay comes in when the examiner queue is full, or sufficiently backed up that a resolution will not occur in a certain amount of time.

For what it's worth I almost never get delayed in the mornings, earlier the better. If I buy a gun after about 3:00 pm Pacific time, a delay is almost certain.

It is what it is I guess. I just expect a delay nowadays, a deny, not so much :(
 
6 years ago I would get delayed 1 out of 4 purchases. Now I am almost guaranteed a delay every time. I have one right now. Initial check was on Friday at around 9:30 am. LGS has still not heard back. as far as time of day, SS or no SS, I have tried all the tricks and nothing makes a difference. I do know that a couple of weeks back NICS sent out notices to FFLs that all checks that went to Transfer would automatically go to Delayed status.
 
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