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Old March 27, 2013, 10:02 AM   #1
BLonder
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Join Date: March 27, 2013
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FDLE / NICS "Conditional"

Here's My Story ... All Suggestions of what my next step should be is VERY Welcomed
I'm in Florida - I went down to put a gun on Lay A Way, I put $$ down on the a 357 Ruger - They did the back ground check & it came back "conditional" ... I called a week later & then 3 weeks later still no change... but was told after 3 days I can come & pay in full & pick up the gun at any time & bring it home. I didn't pick up the gun because someone told me that if I pick up the gun & get denied, I will loose my gun & my money. So, I called the gun shop back & they said that this is true. Come to find out why they can get away with this is because on the receipt it says "All sales are Final & No Refunds" Stamped in big letters ... Anyway ... So, I'm curious as to why I'm "conditional" the only thing I have on my record is a misdemeanor bounced check & the judge with held ajudification. So, I called NICS ... they told me to get my purchase number ... so I call the gun shop back & get my CN #. I call NICS (West Virginia FBI people) back & gave them my CN# & they told me that it could be someone with my same name. So, I did a back ground check on myself & printed it out... come to find out there were a few addresses linked to my name but I have never lived in the states that were listed & one I've never even been too. So, I consulted a lawyer for fraud ... was told he couldn't do anything but I needed to contact the cities where the addresses were listed ... they told me that I needed to file a police report in the city I'm in... So, I got the informational report done.
*****Sorry this story jumps all around... but this is how it happened******
Anyway, So this is ALL getting to me & I'm overly confused by what all is going on... I go into another Gun Shop to pick the gun dealers brain. Come to find out its the FDLE I'm suppose to be dealing with. He gives me the FDLE Help desk #. I call them & they told me that it "could be" my bounced check charge & that they "might not be able to see the outcome of the case" & told me to go & get a disposition from the county/city. So, I do this & fax it over to the FDLE & called them back the next day to make sure they got the fax. They had received it & told me that they had to verify with the county/city that the documentation is accurate ... which depending on the county could take anywhere from a few days to a few months. I was also told that all gun sales go through the FDLE then forwarded to NICS... So, I get on the FBI/NICS website & see that there is a voluntary appeals form that I can fill out & get a UPIN# to help speed up the process. So, I call NICS once again & they mail out the finger print card & paperwork that I need. Come to find out there is only 1 - ONE - Place in my city that actually "Rolls" Finger Prints & its in the heart of downtown - in the Area where one Would need to carry a gun. Even the police department doesn't do this ... it's all "LIVE SCAN" so, I go down & get my finger prints rolled & mailed off & a week later the NICS people have my prints & come to find out they are backed up 4 months ... they are currently doing November of 2012... So, now its been over a month & I have no clue as to what to do now...

I called the NICS last week & they said that they have to wait to see if my finger prints wither match up or don't match up... I have a gun on lay away & if I decide not to purchase this gun I loose my deposit or they can put it on a store gift card minus the layaway fee & the background check fee - thankfully - but If my lay a way is up & I don't purchase the fire arm ... my line in all this process is lost ...& I have to start ALL OVER AGAIN & GET IN THE BACK OF THE LINE!!!!! I'm at a loss as to what I should do next ...

The whole thing why gun shops don't do instant finger prints did perplex me, until I noticed in a few gun shops they all had the No Refunds & a restocking fee on all layaways!! No matter what gun shops here are making a killing & the consumer is loosing money.
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Old March 27, 2013, 10:23 AM   #2
ScottRiqui
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Join Date: January 27, 2010
Location: Norfolk, VA
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As long as nothing they can possibly find out about you would make you a "prohibited person" (felony conviction, domestic violence convictions, etc), just go pay for the damn gun, take it home and be done with it.

If you've been delayed long enough that the FFL can legally transfer the gun to you, and they're willing to do so, then your problem is solved. Even if the background check does finally come back "denied", the gun store owner isn't going to come to your house demanding the gun back. Neither will the police, as long as you're not a prohibited person.

If all this delay has just been a paperwork SNAFU on Florida's part, well that's their problem, not yours.
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Old March 27, 2013, 11:34 AM   #3
motorhead0922
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Join Date: October 30, 2010
Location: Missouri
Posts: 406
Did you put your SS number on the NICS? That would prevent ID mixup.
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Old March 27, 2013, 11:45 AM   #4
Rodger_p
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Join Date: December 15, 2004
Location: East TN.
Posts: 166
Is it normal to have a background check initiated with just a lay-a-way?

I thought the handgun had to be paid for in full.
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Old March 27, 2013, 11:56 AM   #5
chiefr
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Join Date: January 27, 2010
Location: AR
Posts: 1,082
I am not sure what they mean by conditional, but the last time I bought a handgun, the NICS check came back "conditional" but OK to sell the gun. Asked what conditional means and the dealer was clueless. Never thought about that again until I read this post.
I have no history or even a traffic ticket in 20 years. I also have a C&R.
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Old March 27, 2013, 12:47 PM   #6
cvc944
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Join Date: March 17, 2013
Location: Lenhartsville, PA
Posts: 164
I have never heard of a conditional status before this thread. I was only aware of proceed, deny, or delay, with a delay being followed up with a proceed or deny. But since they called you 3 days later and said 'come and get it', I'd go and get it.
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Old March 27, 2013, 09:17 PM   #7
SycoPath
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Join Date: June 29, 2012
Location: Emerald City
Posts: 23
A few years ago I went to Gander Mountain to get a 30-06 rifle I liked. I filled out the 4473 and the clerk went to do his NICS thing. He kept checking for an answer about every 5 minutes and then told me there was no reply and to come back the next day. The next day there was still no reply so I went home and didn't go back for another two days. There was still no word from the NICS so the clerk told me I could pay for the gun and take it with me. I've never had that happen before, or since then and I have bought more rifles in the last few years.
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Old March 29, 2013, 10:32 AM   #8
berettaprofessor
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Join Date: November 23, 2008
Posts: 571
It's okay. I can never remember the exact time period, but if you get a "delay" and NICS doesn't resolve it within the set time period (3 or 5 days, something like that), you're free to purchase the gun.
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Old March 29, 2013, 06:23 PM   #9
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
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Quote:
BLonder
I call NICS (West Virginia FBI people) back & gave them my CN# & they told me that it could be someone with my same name.
Florida is your point of contact for background checks, not the FBI NICS. you could talk to FBI NICS all day and it will do you no good.


Quote:
the NICS people have my prints & come to find out they are backed up 4 months ... they are currently doing November of 2012... So, now its been over a month & I have no clue as to what to do now...
Wait.


Quote:
I'm at a loss as to what I should do next ...
Again, all you can do is wait for NICS to issue you a UPIN#



Quote:
The whole thing why gun shops don't do instant finger prints did perplex me
Why on God's green earth should gun dealers do fingerprints?
WE don't run the background check.......the FBI does. Do you want gun shops collecting DNA while we're at it?




Quote:
until I noticed in a few gun shops they all had the No Refunds & a restocking fee on all layaways!!
Which has NOTHING to do with your background check. "No refunds" is nearly universal in the firearms industry..........even WalMart doesn't do gun refunds. If you don't want the risk of losing your $$$ on a layaway gun, don't use layaway.....BUY IT.


Quote:
No matter what gun shops here are making a killing & the consumer is loosing money.
You would be wrong.
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