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Old July 31, 2009, 07:30 AM   #1
crapster
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Ive been delayed in my background check??

Is this a big deal. 1st handgun purchase. I am a ligeal resident [non-citizen], store said the delay is common with non-citizens. Said i will have to wait 3 days, then no problems.....just checking to see if what they are telling me is true. I have nothing in my past that could be a problem....i know some of you were wondering
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Old July 31, 2009, 07:55 AM   #2
hogdogs
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Is it a "conditional denial"? If so, I was told by my FFL of choice that this is to give them a few more days to dig deeper and if they don't find anything of concern, the next call will be a GOOD TO GO...
At least that is how he said Florida handles this.
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Old July 31, 2009, 08:51 AM   #3
crapster
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conditional denial

he didnt use those words, just said delayed....said he thought it had to do with governemnt doing a background check in your country of birth...said i had passed te US portion. So we will see. Said to come back in 3 business days and i would be good to go.
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Old July 31, 2009, 05:26 PM   #4
blume357
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From what I've heard, you don't have anything to worry about..

just go back in 3 days.
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Old July 31, 2009, 05:29 PM   #5
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Happens all the time. Almost all "conditionals" are upgraded to approvals in my experience as a FFL dealer.
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Old July 31, 2009, 08:08 PM   #6
vranasaurus
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I get delayed every time and they always call me two days letter to come get my gun.

It's just a bit of a hassle.
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Old July 31, 2009, 08:53 PM   #7
Tom Servo
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Quote:
said i had passed te US portion. So we will see.
I don't know how he could possibly know that. The operators in Clarksburg do not tell the FFL why a transaction is delayed.

I've spoken to folks who work in the NICS system, and if you were born on foreign soil, they have to do a check with Interpol in addition to the domestic one.

(Finding that out was a bit of a relief, as I'm always delayed.)

It's nothing to worry about; your case just has to wind its way through an additional part of the process.
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Old July 31, 2009, 09:15 PM   #8
jephthai
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My name is similar to someone who committed a high-profile crime in this state last year. So, about half the time I get delayed. It's just because they can't answer automatically and need to have a human review it to make sure.

-Jephthai-
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Old July 31, 2009, 10:41 PM   #9
johnbt
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"The operators in Clarksburg"

Maybe he doesn't live in a state that uses NICS. Like Virginia for instance. I seem to get delayed every other time; the state police are busy I guess.

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Old October 29, 2009, 09:41 AM   #10
sixgun67
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For many years, I would pass my NICS check within a minute or two, while the FFL was still on the phone. Then, for whatever reason 5 years or so ago, I started getting delays EVERY time. How are you supposed to purchase at a gunshow that lasts 2 days only, if you have to wait 3 days? I finally started bypassing that by getting pistol permits thru the county sheriff. Then, I just got my CCW. I have no patience for someone else's procedures if I can "do it myself" legally.
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Old October 29, 2009, 01:24 PM   #11
dogtown tom
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Quote:
crapster: store said the delay is common with non-citizens....
Not any more common than US citizens. I have several customers who are not US citizens , but have permanent residency.

Quote:
hogdogs: Is it a "conditional denial"?...
No such thing. The only possible responses from FBI NICS is "Proceed", "Delay" or "Denied" or "Cancelled".

Quote:
Microgunner: Happens all the time. Almost all "conditionals" are upgraded to approvals in my experience as a FFL dealer.
FBI NICS does not use the term "conditional".


If you are afraid that you will get a delay/denied/cancelled response at a gun show, consider getting a NICS "Unique Personal Identification Number" or getting a permit (CHL, CCW,etc) which qualifies as an exemption to NICS. Not all states carry permits qualify: http://www.fbi.gov/hq/cjisd/nics/participation_map.htm
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Old October 29, 2009, 01:44 PM   #12
Dustin0
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IF you got delayed on a NICS check you can get UPIN. That will stop that problem. Fill out the appeal form and your finger prints then mail it in. Takes a few months to get it back you want be delayed after that.
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Old October 29, 2009, 04:43 PM   #13
docpadds
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Common for us immigrants to get a delay, from what i understand it is due to them not being able to instantly check the "A" number with the INS. I know on weekends this can be a problem when the INS's system doesn't respond quick enough for them. 99% of the time they call next day and clear me to go.
I will be interested to see what happens when i become a citizen next week, might just have to buy something so i can NICs check myself at work
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Old October 29, 2009, 05:05 PM   #14
Microgunner
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Quote:
Originally Posted by dogtown tom
FBI NICS does not use the term "conditional".
No, but here in Florida the FDLE FPP does and all background checks (including the FBI NICS) are done through them.
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Old October 31, 2009, 12:45 AM   #15
beerbebud
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i get delayed every time i buy i gun apply for a voluntary appeal file getting delayed is no big deal they usually call back in a few hours and give the go ahead but recently its been taking several days the last 3 times i bought a gun they didnt call back at all and after 5 days the dealer released the gun to me they are only required to wait for a response from NICS for 5 days after that they can transfer the gun too you anyway
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Old October 31, 2009, 03:18 AM   #16
dogtown tom
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Quote:
beerbebud i get delayed every time i buy i gun apply for a voluntary appeal file getting delayed is no big deal they usually call back in a few hours and give the go ahead but recently its been taking several days the last 3 times i bought a gun they didnt call back at all and after 5 days the dealer released the gun to me they are only required to wait for a response from NICS for 5 days after that they can transfer the gun too you anyway

Actually a NICS delay is a maximum of three business days beginning the next business day.
If the initial NICS call was placed on Monday, and no response from NICS, the firearm may be transferred on Friday. If the NICS call was made on Friday, the three business days doesn't start until Monday, the firearm may be transferred on Thursday.

BTW, See this---> . <---i't called a period.
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Old November 11, 2009, 01:57 PM   #17
batman44
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not so bad

MY name is Matt an I have been a wanted felion for 10 years now.I still can by guns but I have to appeal every time.
back in 1996 someone stole my name and birth date and used it when put in jail, when he get out he then missed his prole and a warrant was issued, Florida then put my ss on the warrant and that made him me.
I am 6'4" in Florida but here in ohio I am 5'6"
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Old November 13, 2009, 07:05 AM   #18
blume357
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"Mat"... move to Florida and you'll 'be de man'

grow 10" taller just by moving to a new state!

wonder if the original poster will come back and tell us what happened.. it has been over 3 months now.....
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Old November 13, 2009, 07:23 AM   #19
RDak
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Matt: You can get a unique ID number if you go through the offered procedure. I've heard it stops problems like yours immediately and those people get their firearms approved right away from then on.

Here's the info. Dogtown Tom listed in his post above: (You might try this remedy.)

Quote:
If you are afraid that you will get a delay/denied/cancelled response at a gun show, consider getting a NICS "Unique Personal Identification Number" or getting a permit (CHL, CCW,etc) which qualifies as an exemption to NICS. Not all states carry permits qualify: http://www.fbi.gov/hq/cjisd/nics/participation_map.htm
Also, here's a quote from the FBI, NICS site about getting a voluntary appeal file for permanent ID purposes:

Quote:
NICS Voluntary Appeal File (VAF). For more information pertaining to the VAF, you may contact the NICS Customer Service at 1-877-444-NICS (6427).
I got the voluntary appeal file info. from this FBI site, (go to the "NICS Appeal Brochure" section in the middle of the page).

http://www.fbi.gov/hq/cjisd/nics.htm

Last edited by RDak; November 13, 2009 at 07:33 AM.
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Old November 13, 2009, 09:07 PM   #20
SteelJM1
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I got a delay when trying to purchase an Enfield at a gunshow this year. Problem with delays when it comes to gunshows is that the approval will often come back when the gun has been sold or the people are out of town.

What I found out later that day though was at least in the state of Arizona, if one has their CCW permit, it precludes the need to make the NICS call. So it worked out for me in the end.
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Old November 15, 2009, 09:05 PM   #21
von buck
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past troubles

I sent all my information for a permit (those in Connecticut know the deal) anyway, today I went to pick up a shot gun after a mandatory 14 day wait and was told I couldn't because of a "fugitive from justice" from Ma. on my record. The only thing I could think of is failure to return a leased car from 1995. The company came and towed it away. The Dept. of Public Safety couldn't do anything because it was a sunday, but they said it looked like a traffic violation and to call Mass.
So now I'm going to have Ma. and hopefully straighten this out.
My question is, will this be an automatic denial, or does my local police get the true story to make a decision.
Out side of driving with out a seatbelt, this is the only thing on my record.
Andy
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Old November 19, 2009, 06:51 AM   #22
blume357
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I'd run down to the police station and see if they can find out,

but I might get a number of things at home in order and put on clean underwear first.

I'd think if you were a fugitive from justice in MA then there would be a warrant for your arrest and you would not be going home until it is straightened out... but then I would want it straightened out on my time not on theirs...

heck you might even want to hire a lawyer to check it out for you... it is probably something not important... like someone else's name .... or a traffic / parking ticket or something... but I would not want to be on the way to something important and then find out I'm getting a free side trip to MA for a few days.
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Old November 23, 2009, 04:38 AM   #23
austinjking
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I get delayed every time. It may have been the time of day such as lunch hours, I've been told that having a security clearance for the Gov't has something to do with it.
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Old November 25, 2009, 11:57 AM   #24
Greg_M
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I get delayed every time.
I always get the gun.
You would think after X number of times they would catch on.
What am I thinking? This is the Federal Govt!
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Old November 25, 2009, 02:07 PM   #25
vranasaurus
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Quote:
I get delayed every time.
I always get the gun.
You would think after X number of times they would catch on.
What am I thinking? This is the Federal Govt!
I thought this too, but the records of the check have to be deleted in 24 hours.

That means that no one is keeping a record of your previous BGC's or they are pretending like they don't. Since I don't wear tin foil hats I will subscribe to the former theory until evidence surfaces suggesting otherwise.
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