My latest gun store funny.

[DasFriek]

Ive been selling off a few pistols to fund my rifle and shotgun needs. So im in the process of trading one in and it was enough to cover the rest of the cost of my M&P 15-22 i had in layaway.
I fill out the FBI background check paper for the long gun and the employee comes back and tells me its been put on hold, They also wait a full 8 working days for a response.
This made no sense to me since i have been buying 1 gun a month for about 8 months and only the first one was delayed, I also picked up my CHL a few months back and carry daily and had no issues there also.

Of course i tried to remain calm with the store employee as it wasn't his fault. He says "If you want fill out another form and we can try again, It cant hurt anything". So i spent another 3 minutes filling out another and he calls it in and this time im GOOD TO GO!

First off i cant see how in the world they could put a hold on my purchase for no obvious reason i know of. And secondly i had no clue you could redo the form and submit it as many times as you want. Im sure most stores would say "Thats enough" after the second one fails, As would i.

The salesman said he never seen someone get it approved on a second try, But i knew there was no reason why i was being held up. So that may explain why, As the others may have really had a reason to not get a thumbs up from the FBI system.

This is why i get nervous every time i fill one of those dang forms out, Im a very impatient person and waiting on a gun i already paid for thats being held up due to paper work would drive me nuts in anticipation.

 

[hirundo82]

This is why I'm glad I live in a state where the CHL FBI background check substitutes for the NICS check. I still have to fill out the form, but other than that it is just pay the FFL and take the gun home.

 

[ants]

My state charges a fee to run the NCIS check.
Some states charge a fee, some don't.
If you run the background check a second time, they charge the fee a second time.

 

[DasFriek]

I asked a couple salesmen about that before that other states don't require the NCIS check if you have a CHL and they said that wasn't possible.
Im glad they charge us in Ohio for the checks.

 

[billdeserthills]

I am a gun dealer in Arizona, it is against Federal Law for that guy to run your paperwork twice. I don't agree with that, but it is the law. On the other hand, unless the wait of 8 days is state-mandated that is also contrary to the Federal Law which is a 4 business day wait. Sounds to me like another case of someone who is too lazy to learn the law making up their own rules. Might not be in business too much longer, if the ATF chances to check them out.

 

[DasFriek]

He was fully under the impression it was ok to run it as many times as a person wants. If i see him again, Which im sure i will ill mention that to him.
The 8 day wait is mandated by the company he works for, 4 days is what he said was the Federal law. But ive been to another dealer who says its 3 days, But they may be counting the days differently like counting the day you apply as the 1st day.

As i stated my first purchase was held up also, That was my first gun purchase in 20 years so i wasn't so surprised and figured "Maybe" something is on my record i don't know about. So i waited the 3-4 days and picked the gun up and have had no issues since then, Until this. Ive bought maybe close to 8-9 different guns since then with no troubles.

Had i not known my check should have come back clean and ok to go i wouldn't have asked to have it run again. I wont ask next time and just keep my fingers crossed and hope someone at the NCIS isn't in a bad mood.

I don't agree with all these laws either, But ill do my best to live and operate within them.
I want to be a law abiding citizen and not loose my "rights" or "privileges" as they look at it. I think most of us agree here on the rtba and don't need a big discussion on it.
Im just saying i don't want to blatantly disregard them.

 

[PT1911]

Law requires a 3 business day wait for delays... after the third day, if nothing is heard from them (proceed or deny,) then they get the gun... More than once I have seen the NICS call back on the 4th or 5th day with a deny.. guess what.. too damn bad, they get to look for it now.

 

[DasFriek]

Law requires a 3 business day wait for delays... after the third day, if nothing is heard from them (proceed or deny,) then they get the gun... More than once I have seen the NCIS call back on the 4th or 5th day with a deny.. guess what.. too damn bad, they get to look for it now.

Thats why that particular company has an 8 day wait if being held up.

 

[Occam's Razor]

My state charges a fee to run the NCIS check.

I asked a couple salesmen about that before that other states don't require the NCIS check if you have a CHL and they said that wasn't possible.

Had i not known my check should have come back clean and ok to go i wouldn't have asked to have it run again. I wont ask next time and just keep my fingers crossed and hope someone at the NCIS isn't in a bad mood.

More than once I have seen the NCIS call back on the 4th or 5th day with a deny.. guess what.. too damn bad, they get to look for it now.

Its NICS. FBI Site

 

[Warhawk83]

You mean Mark Harmon and the hot Israeli chick don't do all the background checks?

 

[jackstinson]

I asked a couple salesmen about that before that other states don't require the NCIS check if you have a CHL and they said that wasn't possible.

I was told (while buying a couple pistols at Vance's last summer) that the reasoning behind this in Ohio is; you could have had a valid CHL card issued 4 years ago, then done something recently which would prevent you from buying the firearm. Don't quote me...it's just what they told me.
NOTE: Gun shop counter people are not firearms attorneys or always knowledgeable about laws. I've heard all sorts of amazing "FACTS" come from the other side of a gun shop counter.

I'm glad they charge us in Ohio for the checks.

They charged you for an NICS check? Not in the Ohio that I live in.

 

[hirundo82]

It wouldn't be the time issue; ATF sets the maximum period for permits to qualify for NICS exemption at 5 years:
ATF permit chart

 

[Phaetos]

She can check my background anytime she wants too.

 

[earlthegoat2]

Law requires a 3 business day wait for delays... after the third day, if nothing is heard from them (proceed or deny,) then they get the gun... More than once I have seen the NICS call back on the 4th or 5th day with a deny.. guess what.. too damn bad, they get to look for it now.

The law requires the wait.

If there is no NICS response then it is up the FFL if they want to transfer the firearm. They do not have to. Most often they will but this substantiates the 8 day wait in the OP. 8 days is company policy not Federal law. The FFL can do whatever they want to for all I care. It is there business to run. It makes it so the FFL can try their best not to get denys on the 4th 5th 6th or 7th day which some would call responsible but others would call a deny of rights.

 

[Comanche180]

In my state having a concealed carry permit carries no weight in making a purchase. As another poster stated, it could have been issued 4 years ago and you could have been bad in the meantime. I understand that.

 

[docpadds]

Im glad they charge us in Ohio for the checks.

Am assuming this is a typo, because its done by NICS and not a state authority there is no fee.

 

[DasFriek]

Am assuming this is a typo, because its done by NICS and not a state authority there is no fee.

Yes, Was a typo. I left out "don't".
And sorry abour NCIS and NICS goof also.

 

[Erik M]

My bet is that the salesman spelled something wrong or misquoted some information on your 4473 when speaking to NICS, and that the NICS operator transferred your call for examination due to misinformation. When he called back and gave the correct information from the second form the search came back positive and they gave the salesman a proceed.

 

[Oro]

I think another common reason for a delay is if you have a very common name, and you decide to NOT give the optional SSN data. I have been told this by my FFL dealer. You protect your privacy a little, but you also make it harder for the check system to separate you from another individual with the same name.

 

[FIVETWOSEVEN]

Your name may be the same as a felon or something, i'm so glad my last name is extremely uncommon.

 

[gym]

Stuff happens, I was detained once because someone thought I was on the FBI's most wanted list, while on vacation in ST. Thomas. I kept my sense of humor as I was surrounded by their entire police dept. two of their cars actually hit each other they were so exited. I was only concerned that the one jerk behind me was shaking so much that he was going to shoot me by mistake, and kept asking him to take his finger off the trigger. They apologised and I asked them to make it up by driving us to the airport. They almost caused us to miss the flight. The complied and lit us up all the way to the terminal.

 

[Dimis]

so is it illegal for them to run "ANOTHER" form? not the same exact form but if you filled out a second form and tried again?

btw forget mark harmon and zeva i want abby to do my checking lol

 

[CombatArmsUSAF]

Abby -vs- Ziva, That's a damn tough call. I'd have to lean towards Abby though.

 

[mgkdrgn]

I was told (while buying a couple pistols at Vance's last summer) that the reasoning behind this in Ohio is; you could have had a valid CHL card issued 4 years ago, then done something recently which would prevent you from buying the firearm.

That is the way -my- reasoning goes. I have no idea what you have done since you got that nifty little card. I -always- run the background check ... and have never had anybody complain about it.

 

[jollyroger]

The NICS system uses the data from the NCIC computer system, which is obtained from fingerprint cards submitted by state and local agencies at the time of arrest, incarceration, etc. When you put a person's name in for a check, the system kicks out all its cross references including aliases, SSAN's, etc. So if a guy ever lied about his name or SSAN, and used yours by design or happenstance, the system generates a hit, and they have to figure out if the hit is for you or just a guy who used your name or SSAN. Add to that the fact that arrests are often entered because fingerprint cards are submitted at arrest, but the disposition of the charges - especially if charges or dropped or someone is acquitted, often are never submitted. So if the NICS check shows an arrest for a felony charge, they have to figure out if you were convicted. Any of this can generate a delay while they figure it out. Add to that the fact that NCIC (and NICS) go down on occasion.

All that aside, sometimes gun store guys key in the wrong SSAN or transpose a digit. It's a pain, but for the most part it beats the mandatory waiting periods they had before NICS, IMHO.