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Gun Purchase 'Deferred'

Discussion in 'General Gun Discussions' started by maskedman504, Apr 8, 2012.

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  1. maskedman504

    maskedman504 Member

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    I went to Cabela's a few weeks back to buy a 10/22. I had my Kansas DL and the paperwork showing the transfer of my FL CCW for a Kansas CWP (I also had my FL CCW which Kansas reciprocates with). They run my info, comeback and tell me I am being 'deferred' - the ATF cannot process my info right now. The clerk told me they were probably too busy and I should come back in one weeks time; if the Gov't had not responded by that time, I can pickup the rifle because they no longer need the background check from the ATF after one week.

    Anyone ever get 'deferred?'

    Anyone ever heard of this?
     
  2. MachIVshooter

    MachIVshooter Member

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    It's delayed, not deferred. Means they are unsure of something. Could be that you have a common name, or perhaps a kink in the system where they're unsure if a charge or warrant was dismissed. Got any unpaid parking tickets?

    Nope. Cannot sell it without the NICS "proceed". And ATF doesn't do the checks; It's FBI or a state-level investigative agency.

    They'll call you if it's a proceed, and you'll have 24 hours to pick up the gun, or they have to do another BG check.
     
  3. mnrivrat

    mnrivrat Member

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    Yes it is called a delay.

    Maybe state laws effect the time but here it is 5 days, and if the NICS has not gotten back to the dealer ,the gun can in fact be released to the buyer.
     
  4. 22-rimfire

    22-rimfire Member

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    Good to see that Cabelas are following the law and will allow you to take possession if the government takes no further action. Some retailers will simply not transfer a gun that has been delayed for any reason.

    Must me that high capacity mag capability. :D
     
  5. Salmoneye

    Salmoneye Member

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    I was always under the impression that the NICS delay was 72 hours...

    Meaning that if the FFL does not hear back in 72 hours, they have every right to transfer the gun to the buyer...
     
  6. NavyLCDR

    NavyLCDR member

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    Three business days!

    http://ecfr.gpoaccess.gov/cgi/t/tex...v8&view=text&node=27:3.0.1.2.3.6.1.12&idno=27
     
  7. NOLAEMT

    NOLAEMT Member

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    not trying to be rude, but that is false.

    After 3 business days the FFL is allowed to transfer the firearm to you, no further NICS check is required. The NICS check is also good for 30 days from the day it is called in for THAT transfer, if another gun is purchased another NICS check must be performed.
     
  8. GCMkc

    GCMkc Member

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    3 business days is news to me. I get delayed all the time and was told the maximum waiting is 5 days and have waited that long before. Last gun purchase I did only get delayed for 3 days... I need to get a UPIN or renew my CCW.
     
  9. MachIVshooter

    MachIVshooter Member

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    OK, my mistake.

    In CO, we don't use NICS. CBI handles it, and their rules are a little different according to the FFL's I know. For instance, CA residents cannot purchase a firearm here, period.

    I can't find it in text right now, but I'm pretty sure that a CO FFL cannot transfer without a proceed.

    I can tell you that a delay will take at least 3 days:

    First, select the background check with a status of COMPLETE. A Completed status consists of a determination of APPROVED, DENIED or REJECTED. (A DELAYED status is an automatic three-business day wait)

    Second, review the 24 hour advisement and select PROCEED to view background check result. This 24 hour automatic deletion is triggered by accepting the background check and proceeding to the result.

    Third, you will now see the result for the background check; Approved, Denied or Rejected. If the check has been Approved or Denied, the transaction data will only be available for 24 hours. If the check has been rejected, you may review the application and resubmit the check (resubmission eliminates the 24 hour automatic deletion) if the REJECT is not resubmitted, then this will be subject to automatic deletion within 24 hours.
     
  10. maskedman504

    maskedman504 Member

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    The Cabela's guy used the lingo deferred.

    To me, it just seems to be a way to impose a mandatory waiting period before taking ownership.
     
  11. Flyincedar

    Flyincedar Member

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    The cabelas guy had the wrong lingo. He works at the gun counter, doesn't mean he actually knows anything. I went to Wheeling, WV Cabelas to get a holster for a Sig P250 as I was passing by. The guy at the counter had no idea what a P250 was.
     
  12. mp510

    mp510 Member

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    Maybe. Maybe not. In Connecticut, the correct term is "temp. denial." I'm not sure what state the transaction happened in (was it KS or elsewhere?), but if it happened in a NICS POC state, it is very possible that the state made up their own term, which is reported as a delay on the federal form.
     
    Last edited: Apr 9, 2012
  13. Flyincedar

    Flyincedar Member

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    That's always possible. I'm used to our system, which is the exact screen that NICS is looking at when you call in. We have the system, so we don't have to call in. It comes back as either "Proceed", "Delay", or "Denied". A delay goes to "Open" after three business days if it doesn't end up "Denied", and we can transfer the gun...... Which could lead to issues. Had one go "Open", gun was transferred, ATF called a couple days later for the persons info because it was ultimately denied. It can happen
     
  14. Ryanxia

    Ryanxia Member

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    I talked to a guy at my LGS who was delayed, after not hearing back he picked up his shotgun a week later. Weeks later he tried to purchase a handgun and got denied. Of course it seemed he knew the reason why and was half expecting it.

    I'm just thankful I've never gotten a delay, it would probably make me quite nervous. :D
     
  15. NavyLCDR

    NavyLCDR member

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    Issues only for the purchaser, though. The FFL complied with the laws applicable to them.
     
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