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Old August 25, 2018, 06:44 PM   #1
15plus1
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NICS Delay

Hey folks,

Traded in a rifle to a dealer in exchange for another. NICS check came back as a delay. They aren't going to find anything, but I haven't gotten a delay since 2012. In that case it was a 2 day gun show and I wasn't going to drive to the dealers shop 2 hours away

Legally if NICS doesn't follow up withing 3 days, I can pick up my purchase. But my question is, typically, are they likely to process the delay as approved at some point before the 3 days expire or just let it expire in which case I pick it up anyway?
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Old August 25, 2018, 10:17 PM   #2
LineStretcher
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They won't let it expire and even if they do it's unlikely the FFL will let you have the gun. Most likely it will come back unresolved which means you wait another 24 hours and then you can have the gun. Here's the problem, many FFL's don't understand that an unresolved is NOT a deny and once you come back unresolved you will likely come back unresolved forever. if you go to smaller FFL they usually understand. If you go to a big box retailer, they will likely not sell to you. If you can get a CCW permit you will never have to worry about it again. That's what I finally had to do.

In my case I had a 40 year old false arrest that had no resolution and there is no record of it anywhere except on my FBI report. My only recourse was to get a CCW and I did without any problem.
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Old August 26, 2018, 05:39 AM   #3
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It could also be that they were simply experiencing another busy Saturday and didn't have the manpower or resources to delve into your specific case at that time.

My son purchased a rifle last Saturday at a small local brick and mortar and the owner said that every call that day went to further review and some were delayed which he found unusual.
He too got a further review but the proceed came through almost immediately after.

Maybe the possible outcome of the pending midterms have sparked yet another buying frenzy of sorts and Trump is muscling in on Obama's gun sales legacy?

If you're sure that, "They aren't going to find anything.", then yes they are likely to approve the transfer before the three days is up, though I don't believe that weekends count and your three days begin on Monday.
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Old August 26, 2018, 10:30 AM   #4
Aguila Blanca
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Quote:
Originally Posted by LineStretcher
If you can get a CCW permit you will never have to worry about it again.
A carry permit is not a substitute for a background check in all states.

If you encounter a NICS hold more than once, you can apply to the BATFE for a UPIN (Unique Personal Identification Number). That will usually eliminate any future problems (unless, of course, you find yourself convicted of a disqualifying criminal offense). The UPIN can be entered in Question 9 of the 4473.

Not all FFLs are familiar with the UPIN. The owner of the shop and range where I shoot has been in business for more than 30 years. He recently had a customer who frequently encounters holds. When I suggested that the guy apply for a UPIN, the FFL's response was "What's that?"

The instructions for question 9 are:

Quote:
Question 9. Unique Personal Identification Number (UPIN): For transferees/buyers approved approved to have information maintained about them in the FBI NICS Voluntary Information File, NICS will provide them with a UPIN, which the transferee/buyer should record in question 9. The licensee should provide the UPIN when conducting background checks through the NICS or the State POC.

Last edited by Aguila Blanca; August 26, 2018 at 10:36 AM.
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Old August 26, 2018, 11:55 AM   #5
buck460XVR
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Quote:
Originally Posted by 15plus1 View Post

Legally if NICS doesn't follow up withing 3 days, I can pick up my purchase. But my question is, typically, are they likely to process the delay as approved at some point before the 3 days expire or just let it expire in which case I pick it up anyway?
Most FFLs I know, experience "delays" on a regular basis. They also consider that when they get no "denied" reply within the three days, that the purchaser is okay. An FFL does not need a denied reply in order to not sell a firearm, heck, they can refuse to sell it even when the reply comes back as a "go" immediately. All sales are under their discretion. I've been in gunshops where the dealer told a purchaser that received a "delay", it was no big deal, and to call them in three days and see what the response was. If they did not get a "deny" then the gun was theirs. I would have thought that the dealer would have stated their stand on a delayed response before you left the store.
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Old August 27, 2018, 09:09 AM   #6
15plus1
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Carry permit works fine in Ohio for private sales, but dealers generally require NICS for new items.

Mostly I was just curious as to whether my check would come back eventually or if I would end up waiting for the 3 days to expire.
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Old August 27, 2018, 11:55 AM   #7
Roamin_Wade
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If you happen to have a very common name, that can cause delay's. If you get a delay, most will be "proceeded" about 15 minutes after you leave the store, and that is if you hang around for 20 minutes or 2 hours, it'll happen right after you leave because Murphy still has his law and it's in full effect.
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Old August 27, 2018, 12:29 PM   #8
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Quote:
If you can get a CCW permit you will never have to worry about it again. That's what I finally had to do.
Even with a CCW permit in Florida, a NICS check must be run on all FFL transfers.
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