Virginia transaction disappointment

[JVaughn]

I tried to purchase a rifle in VA earlier today. I'm a TN resident which means I can buy in VA except handguns. I was put on "delay" when they called it in, and about an hour later the owner called and talked to a supervisor. They said it would be at least tomorrow. This happened before in VA once, I should have learned my lesson then. I can get in and out in 15 minutes in TN. It will come back approved, I have no doubt, but I have to drive out of my way to get back there when it does.

I find this to be insulting. It is a clear violation of my rights. I'm so outraged by this, but I don't know what to do other than rant. Clearly this will be my last VA transaction ever, but it isn't like telling off a retailer and boycotting them; how do you boycott a state?!

Of course as a hardcore 2A purist, I think requiring a background check at all is unconstitutional and the actions of tyranny, but this is excessive abuse on the part of the VA background check folks.

-Angry in TN

 

[chris in va]

How is this a state issue? NICS put you on delay.

 

[PGT]

It is a clear violation of my rights

how so? the federal gov regulates interstate commerce, especially firearms.

 

[wojownik]

Could be a VA issue, in case the OP raised a flag in any of the four databases going into the Virginia Criminal Information Network (VCIN), or NICS. VSP has been handling a steady deluge of VCIN/NICS checks, so its possible that there were not enough personnel to act on this case fast enough.

I got "delayed" once at lunchtime ... the VSP fessed up to the dealer that most of the staff went out to lunch, so I got delayed till they got back from lunch....

 

[AethelstanAegen]

I've bought many guns in VA and never had a delay. The VA background check system isn't way more tight than the TN one as far as I know. VA, in general, has some very laid back gun laws. It could be that there's a criminal in VA with a similar name or something. You might want to get one the specialized numbers I suppose.

 

[tyeo098]

We have our own 'special' check.

Just to make extra sure.

 

[JVaughn]

It is a clear violation of my rights

how so? the federal gov regulates interstate commerce, especially firearms.

That's my point, the federal gov regulating my transaction is violating my rights. For one, it says shall not be infringed. It doesn't say "after a thorough background check and however long we need to check you out, shall not be infringed." I disagree with the whole process, but in my home state, it is a 5 minute process I disagree with, not a 24 hour one.

I have a carry permit valid in my home state, that should be sufficient to ease anyone's mind that I am not a criminal. That should be enough.

The dealer thinks the fact that I was born in another state pretty distant from here is the cause for the delay. Who knows? The point is that I have to drive an hour back to the shop whenver he calls me to pickup the gun. By now, the savings have been cancelled by the extra time and fuel.

I just get frustrated by the whole situation. I know it is the world we live in, but I disagree with it. There are plenty of other things I disagree with too, that I can't change by myself.

 

[JohnBT]

The last I heard, the VA State Police unit doing the background checks is still understaffed due to the state's budget cuts.

I've also heard that there has been a mass rush of gun buyers lining up and spending money.

 

[Blackhawk30]

The Virstapo's performance has varied greatly over the years.For about the last year my checks have been going thru without a delay.
20 yrs. ago I used to get a delay after getting a ticket.When the ticket was paid the delay went away.
VCDL complained to the Va, Attorney General's office about delays and they got some state police added to the background check office.
I was waiting for 3 or more hours before that happened.
You wee probably delayed because you're from Tennessee.

 

[hso]

It might be best for all of us to know the facts.

TN and VA both have independent state run firearms background check systems. Note the red states on the FBI NICS participation map.

Background checks in either state are handled by a limited staff. I've seen checks be delayed in TN where the applicant was asked to come back later or the next day.

Keep in mind that purchasers across state lines have to have their information gotten from NICS or their state equivalent, in our case TICS. That's going to automatically cause delays when you're dealing with two different state system instead of the Fed's NICS.

Did you provide your SS# to speed the process along and still be delayed?

 

[AethelstanAegen]

Note the red states on the FBI NICS participation map.

Curse my red/green colorblindness. Haha. I'll have to have someone interpret the map for me later today. That's interesting to know...I didn't know that much about who was actually running the check in the background. Thanks, hso.