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Old 11-05-2010, 01:08 AM
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JeanneLynn JeanneLynn is offline
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Default NICs Background Check Delayed Status



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Last Friday on his birthday, I bought my 17 year old son his first hunting shotgun. The background check gave me a delayed answer. The clerk said that it could take anywhere from 5 minutes to 3 business days.

I have a clean record, but my husband's half-brother (with the same unusual last name as mine) is a convicted felon. I'm sure this is probably the reason for the delay. They told me that if my name/birthdate or general description matches a felon in my state, they need extra time to clear you. I understand that; I know that they need to make sure that someone is legally able to purchase a gun.

It's been almost a week already. I called the store today to check on the status and they said that they still haven't received the proceed status. I asked them if they could rerun the check as maybe there is a glitch in the system. They said that they couldn't run it again for 30 days! I asked them if this happens often and he said all the time and sometimes they never respond.

He told me that they can't sell my son's gun to anyone else until they get an answer from the FBI because the gun's serial number is tied to the transaction. That's a small comfort, but I'm wondering if this could go on for months. I also bought him a beautiful gun safe and he's very eager to go hunting with his grandfather.

I was curious to see if anyone else experienced long delays.
Old 11-05-2010, 07:00 AM
labotomi labotomi is offline
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If they don't receive an answer in 3 business days they can sell it to you. There are some places that won't until they get the "proceed" (Academy).

I get flagged every time and probably 9 our of 10 times they never get and answer, so I just go back after my 3 day wait.
Old 11-05-2010, 07:24 AM
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Hmm, weird. I go to the gun store, take what I want (shot gun, rifle, self loading rifle, short barreled shotgun, short barreled rifle...), show my license, pay and leave with the firearm.

And that in good old Europe.

Old 11-05-2010, 08:18 AM
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Quote:
Originally Posted by JeanneLynn View Post
Last Friday on his birthday, I bought my 17 year old son his first hunting shotgun. The background check gave me a delayed answer. The clerk said that it could take anywhere from 5 minutes to 3 business days.

I have a clean record, but my husband's half-brother (with the same unusual last name as mine) is a convicted felon. I'm sure this is probably the reason for the delay. They told me that if my name/birthdate or general description matches a felon in my state, they need extra time to clear you. I understand that; I know that they need to make sure that someone is legally able to purchase a gun.

It's been almost a week already. I called the store today to check on the status and they said that they still haven't received the proceed status. I asked them if they could rerun the check as maybe there is a glitch in the system. They said that they couldn't run it again for 30 days! I asked them if this happens often and he said all the time and sometimes they never respond.

He told me that they can't sell my son's gun to anyone else until they get an answer from the FBI because the gun's serial number is tied to the transaction. That's a small comfort, but I'm wondering if this could go on for months. I also bought him a beautiful gun safe and he's very eager to go hunting with his grandfather.

I was curious to see if anyone else experienced long delays.
Once a man with my last name killed someone in a hunting acident in ct. My last name is extremly rare.It took them three times threw the computer.
Old 11-05-2010, 08:25 AM
labotomi labotomi is offline
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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.

I would call the FFL and see if they will go ahead with the sale.
Old 11-05-2010, 08:29 AM
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last month i bought a ruger 22/45, the dealer called the number and we waited.. and waited and waited... an hour later, he calls back the number and it was approved. I don't know if it is the same case as yours, but we where discussing that maybe they forgot about us.
Old 11-05-2010, 12:19 PM
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If you are having that problem you should file for a PIN. I kept having delays and the more time went on the more often it happened. I got a PIN. It is free to get, and works great. It takes up to 3 months to get it.
Old 11-05-2010, 12:21 PM
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If you are having that problem you should file for a PIN. I kept having delays and the more time went on the more often it happened. I got a PIN. It is free to get, and works great. It takes up to 3 months to get it.
I don't think it's worth it if she's only buying now and then. I don't really mind waiting as long as I eventually get the gun.
Old 11-05-2010, 02:49 PM
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I'm 42 and this is the first gun I've ever purchased. I probably won't ever buy another. I can't believe how complicated the process is. I was also surprised with the 4473 form and the questions it asked. If someone did any of those things, would they really be in a gun shop filling out federal forms like that?

I've never committed a felony or crime; there isn't even a possibility of a speeding ticket because I never learned to drive. I had to pay a fine last year because I didn't notify the town of my dog's death and his license had lapsed, but I seriously doubt that would preclude me from gun ownership.

I don't know if our FFL allows us to pick up the gun without a proceed, but I'd like to make sure its a legal purchase before taking it home. I'd hate to have to have my son take it back after he's already become attached to it. However, it was hardly inspiring to hear that sometimes the NICS system never responds to the request. I thought that after 3 business days, they'd automatically give a proceed or denial, but I guess that's not the way it works.
Old 11-05-2010, 02:53 PM
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No, sometimes there's never a response. After 3 days their's nothing preventing them from selling you the firearm except a possible company policy. If they go ahead and sell it to you then it's a legal purchase. If they won't just go to another store.

Are you buying from a large store like Academy or a gun shop?
Old 11-05-2010, 03:01 PM
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I've experienced delays a few times. Anywhere from 10 minutes to the next day.
I chalk it off to very busy periods as far as firearms sales (hunting season?), or the fact that I have a fairly common name to sort through. I wouldn't worry about it.
A delay isn't a refusal.
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Old 11-05-2010, 04:52 PM
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It has never happened to me but I once went with a buddy to pick up a pistol that he purchased online. He got the delayed message and I asked the FFL about what that meant. He said that it could be anything; same name and age as person with a felony or whatever. Once that happens a person at the State Police would have to manually approve the request instead of the computer doing it. It took about 2 hours for his approval to go through.
Old 11-14-2010, 10:33 AM
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i used to get delayed everytime until they started putting ssn's on the background check. It always comes back delayed then followed by a proceed. My ccw was ready to be picked up the next day.
Old 11-16-2010, 08:26 PM
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Each state is different. In mine they would be kicking butt if you had no record.
Old 08-11-2012, 07:27 PM
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Default Still no proceed after 21 days

I tried to purchase a Marlin 22 m60 from Wal-Mart. "I know now that was the main problem". Well the NICS has been 21 days and counting for a Proceed. I've been in delay status since July 21, 2012 and today is August 11, 2012. After the thirty days are up I going to a gun store that honors line 21d "No resolution was provided within 3 business days." They may choose to Proceed.
Old 08-11-2012, 07:36 PM
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I have been told I have the same name as a guy on death row or was executed in Utah
No It's not gary gilmore
Old 08-11-2012, 08:18 PM
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I have been put on hold before and after 3 days went and picked the gun up. Since I got my CCL gun sales get instant approval.
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Old 08-12-2012, 11:02 PM
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The only time we've had a delay was for similar names and even then, it was normally cleared up the next business day with a phone call.
Old 08-12-2012, 11:06 PM
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Hell, I go in, fill out the form and show them My CWP and they dont even bother to call the number.
Old 08-12-2012, 11:15 PM
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the first time i went to buy a firearm it was prceeded in mins, but the second time i went and purchased a handgun and it took around 36 hours or so. i dont know if this helped but i called NICS and told them that im on hold and whats the expected time to here a answer from them, she said the who 3 buisness days thing, well about 20 mins later it was ready to pick up. and i have a not so clean record. (DISMISSED) feloney drug charges. your fine just be patient if your records clean then there is nothing to worry about
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