Handgun purchase today and delayed status...?

[Tom Servo]

Nothing to worry about. One of the most common reasons for a delay is system backlog. Right now, the NICS system is severely overburdened, and delays during busy periods are the norm.

 

[NRA_guy]

I had the same problem (delays) which can be a real deal breaker at a gun show.

I have a spic and span clean record.

I tried to find out what the problem was, but couldn't.

Word I got was if somebody had a similar name or close SSN to yours, it would get the delay while they made sure.

I did find out that you can write the FBI or BATF (can't remember) and ask why you are getting the delay. They are supposed to tell you. But I never did. I figured writing them would just raise more flags.

I just got a CCW permit and in my state (Mississippi) that gets you out of the background check.

Fill out the paper, show the CCW permit, pay your money and walk away with the gun.

 

[NRA_guy]

OK, I looked it up:

A delay response indicates that information you supplied on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 has been matched with information contained in the National Crime Information Center, the Interstate Identification Index, and/or the NICS Index. Complete disposition information is not always available and a further review of these records is necessary. The NICS Section exhausts all efforts to retrieve current record information by contacting all applicable law enforcement agencies, i.e., local, state, and federal courts, etc. The Brady Handgun Violence Prevention Act of 1993 allows three business days to obtain this information before a Federal Firearms Licensee (FFL) can transfer a firearm. The FFL is not prohibited from transferring the firearm after three business days have passed; however, the FFL is not required to transfer the firearm.

The Privacy Act of 1974 restricts the dissemination of specific information to you via the telephone.

Under the provisions of Title 28, United States Code, Sections 16.30 through 16.34, you can obtain a copy (for a fee) of any identification record the FBI may maintain on you by contacting the following unit at the address and telephone number provided:

Federal Bureau of Investigation
Criminal Justice Information Services Division
Attention: Correspondence Group, Module D-2
1000 Custer Hollow Road
Clarksburg, WV 26306
Telephone Number: (304) 625-3878

Here's more:

The NICS Section

Located at the FBI’s Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, the NICS Section processes background checks for the FFLs in those states that have declined to serve as POCs for the NICS. The FFLs conducting business in these states will contact the NICS either by telephone, via one of the contracted call centers, or electronically by the NICS E-Check via the Internet. The FFLs will provide the descriptive information requested on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.

If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee’s descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by a NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) review the information to determine if state and/or federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the NICS Examiner will advise the FFL they may PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on line 21b of the ATF Form 4473 and retain the form for auditing purposes.

If it is determined that prohibitive criteria exists, the NICS Examiner will advise the FFL to DENY the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the FFL will receive the following instructions:

“. . .NTN ___ will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on day/date.”

The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.

When a transaction is DELAYED, the NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.

In states that agree to serve as POCs for the NICS, the functions performed by the NICS Section are performed by a local or state law enforcement agency which services the FFLs. The FFLs call these local or state agencies, which perform the check, make the decision whether the check indicates an individual is disqualified or not from possessing a firearm, and notify the FFL of the results of the check.

Source: http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm#top

 

[Walkalong]

I used to get delayed a minute or so every time, but not any more. Maybe they caught my arch nemesis.

 

[GRAYRID3R]

I was delayed once out of 12 times. I was born in the Phillipenes (Clark AFB) and the gun shop said some people doing the checking are just not to bright. Luck of the draw.

 

[dwalkerman]

Denial

Hey Fellas.....I recently had an experience that was similar. I had taken 10 pistols to my friends gun shop to sell on consignment...went back there several weeks later to pick up 5 of them...was delayed..then several hours later was denied!!! These were my own guns...that all were legally purchased, etc. So...I file an appeal with NICS and get a letter back a week later saying that I may be a convicted felon!!! News to me...I've never had anything more than a speeding ticket!! I now have to go down to the State Police and get a set of rolled prints and send them to the FBI. I do this...call the NICS hotline the same day I mailed the prints off...and talk to this gal who actually was very nice...I was wondering what kind of time frame I was looking at to get this matter cleared up. She said most likely several weeks. I asked if this happens often...and she said there was no rhyme or reason to it. Anyway...several hours later I recd a call from my gun store friend and he said the NICS folks had called him and cleared me to get my guns back!! He said that this was the first time he ever had a denial be reversed by phone. If I was a convicted felon....do ya think I would have taken firearms to a gun shop to sell?????? Dana

 

[NRA_guy]

I've heard of guys who pawned a gun and could not get their own gun back because the pawnshop ran a background check before giving them back their own gun.

Lesson there is don't pawn your guns.

 

[tkaction]

I believe that it is the law that if you sell a gun through a dealer that it is logged in on his books and you must go through a nics to get it back.

 

[Deltaboy1984]

I have seen it happen in Texas and we have no waiting periods any where in the state.

 

[solareclipse]

I get delayed.. like almost always. If you ever have had any security clearance or if you have had certain checks it will always delay you.

What happens is NICS tries to pool another system to get the details and most of the time it is not automated and there isn't an employee on call to respond till later.

It doesn't mean there is anything bad on your record.

 

[wyocarp]

You walked out with the Shot gun in 5 mins on Monday, 4 days later you Purchase a Handgun, Thats where the Problem Lies

That has nothing to do with it. I've probably puchased as many a dozen guns in a week with no delays. One week this past fall, I bought an AK pistol. I went into another store and bought two AK's on election day. After the election, I went back in and bought the rest of his stock (another five AK's) I noticed an AR I liked when I bought the five AK's but I felt like I had spent enough money. Well, I went back and bought the AR the next day and a pistol that I had wanted. Then I happened into a couple new Glocks. And, I had won a special item on gunbroker.

It was an exceptional week, but I've had some other weeks as wonderful.

 

[Dorkfish]

Two approvals within 5 business days will be all it takes.

 

[wyocarp]

Dorkfish, I'm sorry, but they don't care about the number of approvals. Yes, if you purchase or pick up more than two guns from the same dealer in a week, they have an additional form to fill out, but it doesn't affect whether one gets held up or not.

 

[camper1]

I'm constantly delayed. It's to the point now that my gun shop tells them I'll be delayed when they call it in. I'm used to it now and usually wait 20 minutes and then tell them I'll be back the next day. What we need is a punchcard for repeat purchases.

 

[Dorkfish]

You are supposed to be able to avoid the repeat delays by obtaining a BATFE issued NICS pin. I get delayed, but they have been calling lately the day before the 3 day hold to issue an approval.

True, they don't care if you make multiple purchases, but their regs with NICS show that they are only supposed to allow 1 approval at any 1 FFL within 5 business days, your FFL should have this information as it's not published on the web. If not, then I'll look into what I was shown 3 weeks ago on NICS guidelines when I inquired as to why my State's CCW was not considered an exemption to NICS. BATFE and NICS aren't willing (I don't think they can provide a documented answer) to provide a documented answer.

 

[ACBMWM3]

it depends on many factors. bought a AR pistol lower the other day had to wait a week even with my CPL, bought a handgun today and got it within 5 minutes.

 

[wyocarp]

they are only supposed to allow 1 approval at any 1 FFL within 5 business days

Show me.

 

[NRA_guy]

I think a lots of the weird described "rules" are coming from states that operate their own handgun instant checks, and have their own local rules.

As I understand, some states run their own programs and some rely on the Feds to run it.

I am pretty sure the Feds have no "2 guns in 5 days" rule.

Well, at least not yet, but will have soon under the Obama regime.

 

[chuckusaret]

I live in Florida and have never had to wait, always walked out with what I bought within 30 minutes or so. But that has ended because of the outrageous
prices the local dealers are asking for their guns now. I'll stick to the gun shows and web dealers and save money even after the shipping charges etc. are added.

 

[Carlos Cabeza]

I have bought numerous guns from the same store so they should have a folder in the back with all the 4473's in it.

"Mr. CC, I see you have bought "x" guns here in the last several years."

OK, you're good to go ! come back soon !...............................