NICS check delay

[GreenWolf]

How long can a NICS check delay last? I got delayed at Dunhams when I bought a Mosin that they had on sale. It's getting close to 2 weeks now.

[M1 Tanker]

I thought the law said 3 days, after which time they can go ahead and deliver....right?

[SteelCore]

I think it has to do with the time of the month, like the 15th and the end of each month. I got delayed the last two times I bought mosins from diff locations. once it was 3 days, one it was near two weeks.

Have you ever had a hold put on a purchase before?

[GreenWolf]

The law says you can proceed with sale after 3 days. Dunhams store policy is to not sell to anyone unless the FBI tells them to proceed. So I've been letting this drama play out for way past 3 days just to see what will happen. They'll give me a refund, no problem there. I've had them call back a few times to see, and still I'm delayed. I have a funny, foreign-looking last name - maybe that was it.

I've been put on hold once before, for about 3 days. Never denied.

[Geilt]

I tried to buy a stripped DPMS lower at the last show I was at and was put on a 3 day hold.

I checked and the three day rule stands. If there is no decision from the Feds after the third business day (weekends don't count) the final decision is up to the FFL as to proceed with the sale or not. If the FFL decides to move forward with the sale and the Feds come back with a deny afterwards, the applicant must return the firearm to the FFL they purchased it from. I'm not sure how long you have to return it. Probably no more than a couple days at most.

Frankly I don't blame FFL holders that decide to wait for the final word. Its thier keister left swinging in the wind.

[okie shooter]

Greenwolf, there should be some sort of number identifying the delay, you might have to contact the fbi as they may request more information to give the proceed, or maybe after not acting on the delay they have have assumed that the vendor did proceed without getting a call. That said there is a number with the delay and you can contact the ncis/fbi about it.

[GreenWolf]

That's a good tip. Thanks.

[Planning]

How long can a NICS check delay last? I got delayed at Dunhams when I bought a Mosin that they had on sale. It's getting close to 2 weeks now.

go back where you had the NICS check done and ask them for a "guide for appealing a firearm transfer denial" form. they should have a pile of the forms in the back, if they didn't trash them.
you will need to get the NTN# from them. they got it when they did the NICS check.
i have had several guys that had delays and the dealers just don't want to mess with it.

if they have not heard anything from the atf after 3 working days have them call and ask for a status on it. do this first before asking for the form.
good luck......

[Perro]

if this becomes a problem, in MY state (not sure if it works in your state the same way), you can request that they maintain a file on you. This requires that you get a transaction number from a previously passed 4473 to use as the basis.

I have a problem with my nics checks - i get delayed every single time i try to purchase a firearm.

I have to show the gun dealer i have blue eyes, and no tattoos on my right arm while on the phone with nics, and then they approve me every single time - thank god i never got a tattoo in the corps cause it would have been on my right arm.


my buddy and i were at the gunshow last month, and ive been with him many many times in the past and watched him get approved for firearms - many times - probably 5 at least.
Well, he found a FAL he wanted to purchase and nics denied him - they told him there computers were showing he was a resident of cuba, and not the united states, but has lived here all his life.

cowbell cannot buy a firearm because a 300 pound black woman did something bad, and he is a white guy that isnt close to 300 pounds - ask him about that!


I think the system SUCKS!! Its broken if something a 300 pound black woman did in the past can prevent you from buying a firearm!

[Phirebug]

Just yesterday I tried to purchase a firearm with a military ID and copies of the orders that sent me to Texas (since the Army still considers me a wisconsin resident) while home on leave from a combat zone, and they still delayed my transaction. I understand that I was probably delayed because my address has changed, but you would think that if the DOD can trust me with a tank, the DOJ could trust me with a pistol. Hell, we work for the same people.

[jlpskydive]

I'm on a hold right now also and have been for three weeks. After 30 days your FFL has to refile. I'm a Fed that has had a single scope background investigation done on me and I still get held EVERY SINGLE TIME!!!!! Time for the CC permit to put a stop to the madness!!!!!

[jlpskydive]

Oh BTW I can go buy a pistol right now because I have those permits in my safe, but you can't use them for a long gun you have to go through NICS. :angry: :angry: :angry:

[cbear]

For the people who encounter delays, do you provide your SSN? I think that can expedite who's who. It's kind of silly not to, the feds are where you got it from, it's not like they don't already have it.

[M1 Tanker]

Cbear, I have always used my SSN on a 4473, but went 3 years of getting delayed every purchase for abotu 48 hours. It hasn't happened in a couple of years though. I wonder if mine is because we move every 2-3 years.

[jlpskydive]

For the people who encounter delays, do you provide your SSN? I think that can expedite who's who. It's kind of silly not to, the feds are where you got it from, it's not like they don't already have it.

I give it to them EVERY TIME!

[SteelCore]

that's weird.

GW, the hold I had that went two weeks was at a Dunham's...mebbe that's just how they roll.

Yeah, CC permit, they still call for a bkgrnd check on long guns. I don;t think they ued to in this state, but they do now. It will ienable you to purchase a handgun right away tho.

[Planning]

this is the form to use if you get a delay. there is something in you file that is causing a flag and it will continue until you get it cleared up. if you fill this out and send it in they will research it and let you know what the problem is.
sometimes (most of the time) it is very minor, ( old traffic ticket), mistaken idenity, etc. they will add this to your file after it is cleared up and when it comes up on there screen they (NICS) will ok the purchase. this has happened to several guys that bought guns from me. you can get this form from your local dealer or the atfe. good luck........bottom line is you have to do it, the dealer cannot do it for you.

[M1 Tanker]

Thanks for that Planning, thats damn good to know.

[SteelCore]

Thanks, planning. I'm gonna see WTF the deal is with my last two purchases...what the heck is up, caus I hate 'window shopping' at gunshows 4 Firearms...

[Geilt]

Nice piece of documentation to have. Thanks a ton for posting it.
Is this intended for denials only or will it also help addressing delays?

[mistersquiggles]

hey phirebug, i'm not advocating that you argue semantics with the FFL youre trying to buy from, but Texas state law has 2 loopholes for you to exploit if youd like.... first of all, if you have lived.... as in physically resided, worked, and had a roof over your head, in the state of Texas for 6 months, then you are a citizen of this state and can go so far as to use utility bills as proof.... the other loophole, and the more important for you is that Texas considers ANY servicemember stationed within the borders of this state to be a citizen of Texas until such time as said servicemember moves out of state. first loophole is right smack in the middle of the state constitution, the second one i was informed of by a judge while in court over a residence related dispute last year. Armed with that information and a tactful approach, you might be able to get thet FFL to rethink their sale policy, but i dont advocate arguing it, as everyone has the right to refuse a sale.........

[Planning]

Nice piece of documentation to have. Thanks a ton for posting it.
Is this intended for denials only or will it also help addressing delays?

it is intended for denials, but if i think it's going to be a long delay ( i usually call back in an hour or so and most are approved) or a denial i just give the guy with the delay a copy of this form with the NICS # on it and they can do what they want with it. most of them have sent it in and fixed what ever the problem was, i don't ask......

[GreenWolf]

Thanks Planning, that's a big help. I moved 2-1/2 years ago. I may have some unfinished business floating up from the past - an old parking ticket, or something, who knows. I have a very unique name (no one else in the world has one like it, guaranteed) and used my social security number on the 4473, so it can't be mistaken identity. I'll be stopping by Dunham's tomorrow for my 2-week anniversary of this Mosin-buying saga.

From the comments made here, I had no idea that delays are common. Maybe the FBI is doing it just because they can?

[jlpskydive]

From the comments made here, I had no idea that delays are common. Maybe the FBI is doing it just because they can?

It's a room with 300 GS-5's in it, in a small town in West Virgina, you better belive it! And there is no recourse you can take even if they screw with you for a month.

[mistersquiggles]

It's a room with 300 GS-5's in it, in a small town in West Virgina, you better belive it! And there is no recourse you can take even if they screw with you for a month.
now thats JACKED UP...... no recourse at all? theres gotta be some way of putting them in check.... at least id like to think so anyway

[GreenWolf]

300 GS-5s.....oh well....good thing I wasn't having a Mosin_Nagant emergency. I'm resigned, and am in no hurry.

[jlpskydive]

300 GS-5s.....oh well....good thing I wasn't having a Mosin_Nagant emergency. I'm resigned, and am in no hurry.

One thing I just found out here in NC, a pistol permit is also good for a long gun. So I will be pulling one of the many that I have in the safe and going and picking up my Ruger 10/22 tomorrow. The laws may be the same for you in OH.

[jlpskydive]

now thats JACKED UP...... no recourse at all? theres gotta be some way of putting them in check.... at least id like to think so anyway


Fill out the form on page two of this thread and wait if you call them due to the privacy act they can't tell you anything.

[cbear]

One thing I just found out here in NC, a pistol permit is also good for a long gun. So I will be pulling one of the many that I have in the safe and going and picking up my Ruger 10/22 tomorrow. The laws may be the same for you in OH.

The State of Ohio doesn't require any permits, though a few cities might. In OH transfers are just handled on a Federal level with no state interference.

[Phirebug]

hey phirebug, i'm not advocating that you argue semantics with the FFL youre trying to buy from, but Texas state law has 2 loopholes for you to exploit if youd like.... first of all, if you have lived.... as in physically resided, worked, and had a roof over your head, in the state of Texas for 6 months, then you are a citizen of this state and can go so far as to use utility bills as proof.... the other loophole, and the more important for you is that Texas considers ANY servicemember stationed within the borders of this state to be a citizen of Texas until such time as said servicemember moves out of state. first loophole is right smack in the middle of the state constitution, the second one i was informed of by a judge while in court over a residence related dispute last year. Armed with that information and a tactful approach, you might be able to get thet FFL to rethink their sale policy, but i dont advocate arguing it, as everyone has the right to refuse a sale.........

the FFL didn't refuse the sale...it was just irritating because the first day he would be able to proceed without a phone call is the day before I get back on a plane and don't see my shiny new gun for another six months. As it turned out, I got lucky and they called back the next morning. I did use the second loophole to buy it...I showed a military ID and an out-of-state ID and a copy of my PCS orders that sent me to Texas. I was just kind of irritated at having to wait.

[GreenWolf]

Four weeks and still waiting..... :icon_cry:

[drhall762]

The sytem does have some problems. I have an FFL and have had one for about 13 years. During the first years, say 8 or 10, if I purchased a firearm or transfered one from my business to personal, I got popped with a delay.

I believe a lot of it was due to my former military life and my clearance however, I don't know what changed as it hasen't happened lately.

Dave :sniper:

[Planning]

The sytem does have some problems. I have an FFL and have had one for about 13 years. During the first years, say 8 or 10, if I purchased a firearm or transfered one from my business to personal, I got popped with a delay.

I believe a lot of it was due to my former military life and my clearance however, I don't know what changed as it hasen't happened lately.

Dave :sniper:

dave: i don't understand why are you filling out the form to buy a firearm? if you are a gun dealer with an 01 ffl the atfe guidelines are you just give them a signed copy of your license. log it into the business book and then log it out as dealer personal collection and log it into you personal book. if you want to sell it. you log it out of your personal book back into the business book and then sell it.

as for transfering to your personal, you just log it out of the business book as dealers personal collection and into your personal book.

there is no NIC for any of these functions.

[okie shooter]

Four weeks and still waiting..... :icon_cry:

I am not sure, but since your vendor wont release without a proceed, even though after three days they can legaly do so. I would go back and see if they will run the sale again, and get the information about follow up and do so quickly.

[GreenWolf]

March 28 I bought a Mosin that was on sale at Dunhams, and the firearm transfer was delayed by the NICS system. May 22, I went to the store and got a refund and an NTN#. I was never denied. I was infinitely delayed, which works out to a denial.

[Jesse762]

Sorry to hear about your delay greenwolf. It has been my experence that once you become delayed you will always be delayed for every firearm purchase after that. Best thing to do is what Perro mentioned. I had the same problem until I called the NICS. I filed a voluntary appeal file and was issued a UPIN number and now i am never delayed.

[okie shooter]

March 28 I bought a Mosin that was on sale at Dunhams, and the firearm transfer was delayed by the NICS system. May 22, I went to the store and got a refund and an NTN#. I was never denied. I was infinitely delayed, which works out to a denial.

The system, delayed you but never denyed you, it was the retailers insistance on getting a proceed, that stoped the transfer, after three working days of delay, they could proceed. Thus its just dunhans policy of not going without a proceed. As for everyone saying its a room full of folks screwing with him, the system is the system, I imagine those folks just read a screen, have nothing to do with any decision on transfers, other than they punch in data, generate a number and a responce, others includeing your local leo, have the input on a transfer, not those just doing a job, giving anwsers from the system. I am saying dont shoot the messangers, if you have a problem with a transfer, its your job to figgure out whats up, not the systems.

[Caeb75]

FWIW.... I used to get delayed all the time...indefinately...

I got my C&R FFL, and they now still delay, but am switched to an FBI examiner who then gives a proceed. I have to get a fingerprint background check every year to hunt at Aberdeen Proving Ground behind the security fence (where they actually do all the testing), and I think that might have a lot to do with it. Other than that, I'm squeaky clean other than a minor SNAFU (wrong place wrong time) that was dropped. I did pay a fine for underage posession of alcohol.

[97th Signalman]

I live in Ohio and I have never had a delay with a background check. At least not yet. I hope it stays that way. I never put my SSN on the form.