The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools Search this Thread
Old March 3, 2018, 08:28 AM   #1
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
Redoing background check in buying from multiple places

I’m on a delayed background check and go to pick up gun on Tuesday but may get second one elsewhere depending on tax return. Would there be a way to show other place I just passed a background check few days ago so I don’t risk another delay? How does this work?
CoffeeShooter is offline  
Old March 3, 2018, 10:05 AM   #2
In The Ten Ring
Senior Member
 
Join Date: January 26, 2018
Posts: 380
Background check happens at every purchase, at least that's my understanding. Some states have done away with that if a person has a CCW.
In The Ten Ring is offline  
Old March 3, 2018, 12:10 PM   #3
Bartholomew Roberts
member
 
Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Get a Concealed Handgun License and as long as it is NICS-compliant, you don't have to go through the background check.
Bartholomew Roberts is offline  
Old March 3, 2018, 01:43 PM   #4
44 AMP
Staff
 
Join Date: March 11, 2006
Location: Upper US
Posts: 28,833
Quote:
Would there be a way to show other place I just passed a background check few days ago so I don’t risk another delay? How does this work?
short answer: No.

Advice to get a CCW permit is sound, but useless if you're trying to speed things up now. And a permit does NOT automatically free you from the background check requirement. It all depends on where you live.

Welcome to the unmentioned flaws in the background check idea. There are two huge ones, and neither is mentioned, or if mentioned, glossed over in passing.

What is the stated purpose of the background check????

The reason I keel hearing is,
"to keep guns out of the hands of people who should not have them".

OK, this is a lofty ideal, and something worth doing, IF done right. and a horrid infringement if not.

WHY do we need to keep guns out of certain people's hands???

To keep them from harming others with them.

And, a background check will do this???

Oh yes, absolutely!! (which is a lie)

Well, no system is perfect, but it will stop most of them... (this is more honest, but still a fantasy)

OK, here's a point, even if we assume they are right, and take the "protect us from harm" at face value, how does a background check protect us if the person seeking to buy a gun, ALREADY has a gun (or a dozen????)

It doesn't. And, it can't. All a background check can do, is verify if the potential buyer is in the system and if they are a prohibited person, or not.

Now, there is a point to this, because if you are a prohibited person, then trying to buy a gun is a crime. And they justify the check each and every time you buy, because you might have become a prohibited person since your last legal purchase.

I get that. But what I can't stand is that they don't claim that's the reason, they claim its to protect us, to keep the "bad guy" from getting a gun. I don't understand why they don't just speak the truth...if a bad guy, or a good guy (and there are no "good guys" under a gun control system, until/unless approved by that system) already has a gun, the background check protects NO ONE!!!

The other major flaw in the myth of background checks protect us is, that someone without a background is invisible to the system.

Lots of people look at the spree shooters especially the ones that "passed" background checks (often multiple times) and with 20/20 hindsight, find things that they feel should have disqualified the killer, and therefore would have prevented the massacre.

The trouble with that is twofold. First, is the issue of standards. Any an every system has to have standards, in order to work. And if someone does not meet the legal standards, then no action is taken. NOR should any be.

The other problem is that their are people who make judgement, and it is people being judged. People can, and do lie. And they can also change.

That "troubled" individual that worries you, so he gets evaluated MUST be released and given the liberty to exercise ALL his/her rights, IF they pass the legal standards, no matter what one's "gut" might tell you. it's the law.

They might go out the very next day and shoot a couple dozen people, but until then, they aren't criminals under the law. Don't like that? get the law changed to something you like better. IF you can.

If you get a delay when they process you, it is usually because the system is misidentifying you, or has something else in it that flags you. It is not always something criminal. You can get flagged in the system because you have a government security clearance. All it means is that a supervisor must review the case, and make a decision. It's not a denial. However it does remove the "instant" from instant background check.

I understand that there is a method in the system where you can get an individual identifying number, which goes a long way, or even fully prevents delays because of misidentification or other flags.

You can get a witnessed, notarized statement from Joe's Gun Shack, stating that you passed the background check at 11am this morning, and take it to Gunz R Us at 2pm and they will still need to run the check on you if you purchase a gun. Its the law, and they are required to do it.
__________________
All else being equal (and it almost never is) bigger bullets tend to work better.
44 AMP is online now  
Old March 3, 2018, 03:50 PM   #5
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
And if I’m cleared on background check and go in same store to buy a second gun along with first one I filled forms out for? I came into more money than I suspected and decided on second gun but dunno if I’ll be able to get that day or have to wait on another delayed background check
CoffeeShooter is offline  
Old March 3, 2018, 04:22 PM   #6
In The Ten Ring
Senior Member
 
Join Date: January 26, 2018
Posts: 380
Coffee,

Every time you buy a gun from a licensed dealer you will have to do the instant check. Period. Now if you buy more than one gun at a time, then you can get by with just one check. However, if they do one check and you complete that buy, walk out to your car, decide you want that other gun also, then you'll have to do the instant check again.

There is no getting out of the instant check. Now, if your state gives a waiver to CCW holders, then you can get out of it. The gun store can tell you if your state gives a waiver.

I don't like any kind of check before a purchase no matter what it is. If people are too dangerous to own a gun, vote, live around children, then they should be in prison. With the instant check system, denials for criminal reasons are almost never punished even though it is a felony to lie on the form.
In The Ten Ring is offline  
Old March 3, 2018, 08:56 PM   #7
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
Quote:
Originally Posted by Bartholomew Roberts
Get a Concealed Handgun License and as long as it is NICS-compliant, you don't have to go through the background check.
That may be true in Texas, but it is not true in many states. It certainly isn't true in mine.
Aguila Blanca is offline  
Old March 4, 2018, 08:41 AM   #8
RETG
Senior Member
 
Join Date: September 22, 2009
Location: Somewhere in Idaho, near WY
Posts: 507
ATF list of states that allow a concealed weapons permit as an alternative to a background check....
https://www.atf.gov/rules-and-regula...y-permit-chart
RETG is offline  
Old March 4, 2018, 10:32 AM   #9
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
Quote:
Originally Posted by RETG
ATF list of states that allow a concealed weapons permit as an alternative to a background check....
https://www.atf.gov/rules-and-regula...y-permit-chart
Good info. I didn't know such a chart existed. Thanks.
Aguila Blanca is offline  
Old March 4, 2018, 12:54 PM   #10
JoeSixpack
Senior Member
 
Join Date: April 12, 2017
Location: Ohio
Posts: 1,048
You have to do a form each sale, although multiple guns can be put on the same sheet if done at the same time same dealer.

If you have multiple guns from multiple companies shipped to your FFL you can do a transfer for all of them on 1 form as the guns when they arrive are placed into the FFL's inventory so from a paperwork standpoint they're all coming from a single dealer @ one time.


As some suggested a CCW might get you past having to fill out the form.
In Ohio they changed the law where it counts as a BG check if your license was issued after a certain date, Mine isn't valid for that till next renewal.

But even then Im pretty sure I still have to fill out a form.. all it does is remove the need to call the NICS line.

I've never been denied or delayed so the form is the most annoying and time consuming part.. no matter how many I fill out I still carefully read them as they change and the wording is a bit annoying.. So at least in my state at least it's not much of a benefit.. but YMMV.
__________________
NRA sold us out
This is America!, You have the right to be stupid.
JoeSixpack is offline  
Old March 4, 2018, 02:17 PM   #11
4570Tom
Member
 
Join Date: March 16, 2010
Posts: 26
If it helps highlight the requirement to do the form each time...I went to a Friends of NRA banquet with some buddies. One guy, who has much better luck than I do, won a firearm in one of the raffles. This particular banquet had a dealer right there who performed background checks for all the winners so they could take their won firearm home that night. My friend does the paperwork, they call it in, and he comes back to the table with his firearm. 45 minutes later he wins another firearm (told you his luck is better than mine) and has to go through the whole background check process again.
4570Tom is offline  
Old March 4, 2018, 09:40 PM   #12
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,084
Quote:
CoffeeShooter I’m on a delayed background check and go to pick up gun on Tuesday but may get second one elsewhere depending on tax return. Would there be a way to show other place I just passed a background check few days ago so I don’t risk another delay? How does this work?
No. Each check is unique to you and the dealer who will be transferring it to you.


Quote:
CoffeeShooter And if I’m cleared on background check and go in same store to buy a second gun along with first one I filled forms out for?
Additional firearms may be added to that 4473 up until the dealer has signed and dated the form.
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers)

Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE
dogtown tom is offline  
Old March 6, 2018, 01:33 PM   #13
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
Well background check started on 28th. Called today and they say it’s not in. What could delay be?
CoffeeShooter is offline  
Old March 6, 2018, 02:27 PM   #14
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
More than 6 days for a background check?

Ok he said its 3 day delay at gun store. This was on 28th and now it’s the 6th and he said it’s not yet in as of this morning. What gives? I’m in state of Texas if that helps
CoffeeShooter is offline  
Old March 6, 2018, 03:29 PM   #15
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
They. Can legally just sell it to me after 3 days but are saying not until they get a call. Why are they doing this?
CoffeeShooter is offline  
Old March 6, 2018, 03:37 PM   #16
FrankenMauser
Senior Member
 
Join Date: August 25, 2008
Location: In the valley above the plain
Posts: 13,424
Assuming it's a small gun shop:
Some FFLs don't want to be caught with their pants down if they let you walk with the firearm after three days, but you shouldn't have actually been approved.
Some don't believe in the 'automatic' proceed after three days.
...Or he finds you sketchy and questionable.

Whatever the reason, his livelihood is on the line and he doesn't want to risk it.


If it's a big chain store, there may be corporate policies holding things back.


Find the problem. Don't blame the dealer.
__________________
Don't even try it. It's even worse than the internet would lead you to believe.
FrankenMauser is offline  
Old March 6, 2018, 03:42 PM   #17
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
How long do you think it could take before they call? What time of day do the people who do the background checks usually call?
CoffeeShooter is offline  
Old March 6, 2018, 04:17 PM   #18
turkeestalker
Senior Member
 
Join Date: February 2, 2015
Location: Cottleville, Missouri
Posts: 1,115
There is no set time, nor is there any way to say how long it will take that I'm aware of.
Hate to say it but you're just going to have to hurry up and wait for a response.
There isn't anything that you or the gun shop can do to speed things up.
__________________
Vegetarian... primitive word for lousy hunter!
turkeestalker is offline  
Old March 6, 2018, 04:23 PM   #19
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
Well I understand I can’t speed it up. I’m just wanting to know what the longest on average for delayed sales is so I can plan accordingly
CoffeeShooter is offline  
Old March 6, 2018, 04:57 PM   #20
Evan Thomas
Senior Member
 
Join Date: July 7, 2008
Location: Upper midwest
Posts: 5,631
CoffeeShooter, I've merged your new thread with this one. We don't need two on the same topic.
__________________
Never let anything mechanical know you're in a hurry.
Evan Thomas is offline  
Old March 6, 2018, 05:31 PM   #21
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
Sorry about that. But yeah the biggest question now is what’s the longest it ev r takes for these things to be complete?
CoffeeShooter is offline  
Old March 6, 2018, 09:38 PM   #22
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,084
Quote:
CoffeeShooter Well background check started on 28th. Called today and they say it’s not in. What could delay be?
FBI NICS has not finished its research.




Quote:
CoffeeShooter Ok he said its 3 day delay at gun store. This was on 28th and now it’s the 6th and he said it’s not yet in as of this morning. What gives? I’m in state of Texas if that helps
FBI NICS still hasn't finished its research.





Quote:
CoffeeShooter They. Can legally just sell it to me after 3 days but are saying not until they get a call. Why are they doing this?
The Brady law allows them to transfer after the delay, but does not require them to do so.



Quote:
FrankenMauser Assuming it's a small gun shop:
Some FFLs don't want to be caught with their pants down if they let you walk with the firearm after three days, but you shouldn't have actually been approved.
Size of the shop has nothing to do with anything.
And there's no "getting caught with your pants down" as no law is being violated if they hand the gun to the buyer. If the transaction comes back denied days or weeks after the firearm has been transferred the dealer just tells the FBI when they call......and its now the FBI/ATF's responsibility.




Quote:
Some don't believe in the 'automatic' proceed after three days.
...Or he finds you sketchy and questionable.

Whatever the reason, his livelihood is on the line and he doesn't want to risk it.
There's nothing at risk as long as the dealer complied with the requirements of the law.



Quote:
If it's a big chain store, there may be corporate policies holding things back.
True.



Quote:
Find the problem. Don't blame the dealer.
The OP will never know exactly why he keeps getting delayed as the FBI will not tell him or anyone else. And he most certainly can blame the dealer as there is nothing but paranoia keeping the dealer from transferring the firearm.




Quote:
CoffeeShooter How long do you think it could take before they call? What time of day do the people who do the background checks usually call?
They may never call.
Typically I get NICS callbacks 10am-10pm.


Quote:
turkeestalker There is no set time, nor is there any way to say how long it will take that I'm aware of.
Hate to say it but you're just going to have to hurry up and wait for a response.
There isn't anything that you or the gun shop can do to speed things up.
This.


Quote:
CoffeeShooter ...... what’s the longest it ev r takes for these things to be complete?
80-90% of my delays never get a callback. I've had callbacks two week or more after the delay expired and the buyer already had the gun.
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers)

Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE
dogtown tom is offline  
Old March 6, 2018, 11:40 PM   #23
FrankenMauser
Senior Member
 
Join Date: August 25, 2008
Location: In the valley above the plain
Posts: 13,424
Quote:
Size of the shop has nothing to do with anything.
And there's no "getting caught with your pants down" as no law is being violated if they hand the gun to the buyer. If the transaction comes back denied days or weeks after the firearm has been transferred the dealer just tells the FBI when they call......and its now the FBI/ATF's responsibility.
(...)
There's nothing at risk as long as the dealer complied with the requirements of the law.
Two words: Civil suit.

Quote:
The OP will never know exactly why he keeps getting delayed as the FBI will not tell him or anyone else. And he most certainly can blame the dealer as there is nothing but paranoia keeping the dealer from transferring the firearm.
If the delay turns into a denial, he can find out why during the appeal.
And if, as you say, "he keeps getting delayed" ... then it is his own fault.
That is what a UPIN is for.
__________________
Don't even try it. It's even worse than the internet would lead you to believe.
FrankenMauser is offline  
Old March 7, 2018, 08:22 AM   #24
Bartholomew Roberts
member
 
Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
Aside from civil liability, there is PR liability. If you make most of your money selling things that aren’t guns, you don’t want to make the news for “not waiting for the background check” even if it is perfectly legal not to wait. And you will make the news if that happens because Bloomberg is paying professional PR firms millions to attack RKBA and just like any other business, they have to convince the boss he is getting his money’s worth.
Bartholomew Roberts is offline  
Old March 7, 2018, 10:43 AM   #25
CoffeeShooter
Senior Member
 
Join Date: February 22, 2018
Posts: 101
You said they may never call back dogtown Tom? How do I get my guns if NICS won’t call the gun store and gunstore won’t sell without a call?
CoffeeShooter is offline  
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:01 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.08616 seconds with 8 queries