Delay (NICS/Background Check)

[Jams419]

I would love only a 15 minute wait. So far it has been 15 minutes each time to get told I was delayed.

 

[spat]

My checks take around 15 minutes and I thought that was long. I thought back in the day when the 4473 was a yellow form and the guy behind the counter had to call it in on the phone that it only took a couple of minutes. I could be wrong though. That was a long time ago.

The place I buy stuff they still do it that way.

I think he still runs credit cards with one of those old school mechanical things too

 

[Chevusa]

The place I buy stuff they still do it that way.

I think he still runs credit cards with one of those old school mechanical things too

The places I go have you do it on a laptop or an iPad.

 

[MillidotShooter]

The system must really be jammed up. My kid in Pennsylvania says two local gun shops won't even do a simple transfer. I guess it ties them up too long.
Eliminate this shit.
Robin

From what I have been told, PA FFL's don't do NICS checks themselves directly... They have to send the request to the State Police... The SP then do the check through NICS. Don't know why that is, but apparently it is. My brother just got one done like two weeks ago for just a lower receiver and the FFL was some old dude working out of a small office in a Gas Station (Apparently FFL's In PA also have to have a Storefront of some kind... Welcome to Bob's Gas and Guns! )

Anyway... He said the dude didn't even have a computer to submit the request. He had to Fax it to the SP and then call them. My Bro said it took 2 hours of being on hold for them to finally answer and run the BC.

 

[Joe Blow]

The places I go have you do it on a laptop or an iPad.

You are talking about the filling out of the 4473. They are talking about calling in the check to NICS, not filling out the form...
Speaking of which, the new revised form 4473 (May 2020) is now available to all FFL's. It can be used now but must be used starting Nov. 1st.

 

[spat]

From what I have been told, PA FFL's don't do NICS checks themselves directly... They have to send the request to the State Police... The SP then do the check through NICS. Don't know why that is, but apparently it is. My brother just got one done like two weeks ago for just a lower receiver and the FFL was some old dude working out of a small office in a Gas Station (Apparently FFL's In PA also have to have a Storefront of some kind... Welcome to Bob's Gas and Guns! )

Anyway... He said the dude didn't even have a computer to submit the request. He had to Fax it to the SP and then call them. My Bro said it took 2 hours of being on hold for them to finally answer and run the BC.

Some states have permission to access the NICS system and run the background checks themselves without going through ATF personnel.

 

[Joe Blow]

Unfortunately, misinformed our not I have not choice but to deal with them at this point. They have my FFL transfer, I also have been waiting on them to finish the second lower that I ordered 2 1/2 months ago.

You do have a choice. Would cost you a few bucks, but... Have the Mossberg moved to another FFL, one that has a clue. Unfortunately you'd of course have to do the NICS check again, but if the new FFL "gets it" you'll eventually get your firearm instead of being stuck in an endless loop that the current FFL has you in. If your current NICS check (done Thursday?) does not get a proceed by Wednesday you'll be stuck in the loop. Has the FFL called the NICS section and spoken to them about this? Any decent FFL would have by now. They are, and can be, helpful in situations like this. I'd cancel the order you are waiting on with this FFL and be done. Where are you located?

 

[Joe Blow]

Some states have permission to access the NICS system and run the background checks themselves without going through ATF personnel.

No... Some state are Point of Contact (POC) states. Some are partial POC. They do not access NICS, they use their own databases.

 

[Jams419]

Even if you do not get a proceed, after 30 days you may take possession of the firearm ( just as it was prior to this law except it was only 3 days). Only if you receive a denial can you not take possession of it. I have attached a section of the law because I had to look it up to make sure I was correct.

"In addition, the section provides that before a dealer who consents to conduct a national instant criminal background check delivers a firearm, rifle or shotgun to any person, either (i) NICS has issued a "proceed" response to the dealer, or (ii) thirty calendar days shall have elapsed since the date the dealer contacted NICS to initiate a national instant criminal back- ground check and NICS has not notified the dealer that the transfer of the firearm, rifle or shotgun to such person should be denied."

Bill Search and Legislative Information | New York State Assembly

News and Information from the New York State Assembly

nyassembly.gov

I am in the Rochester area.

 

[Chevusa]

Some states have permission to access the NICS system and run the background checks themselves without going through ATF personnel.

Some states waive the NICS check altogether if you have a weapons permit.

 

[Chevusa]

You are talking about the filling out of the 4473. They are talking about calling in the check to NICS, not filling out the form...
Speaking of which, the new revised form 4473 (May 2020) is now available to all FFL's. It can be used now but must be used starting Nov. 1st.

Are you implying that I fill out the form on an iPad and then the store calls it in on the phone anyway?

 

[Joe Blow]

Are you implying that I fill out the form on an iPad and then the store calls it in on the phone anyway?

Yes, absolutely, 100%. You can sit at a computer, use a hand held Ipad / pod whatever device you want, or fill out the paper form 4473. That is all just recording the form 4473 information. The background check is still called in via phone (old school) or done by the FFL using NICS E-Check online. Using NICS E-Check should normally return a response from the system in a matter of seconds.

 

[Acer-m14]

how do people in ChiRaq IL and Newburgh NY do a NICS .. LOL ..

 

[spat]

how do people in ChiRaq IL and Newburgh NY do a NICS .. LOL ..

If the money's green they pass.

 

[Cattafly]

In other states you don’t have to wait 30 days for a delay. If the NICS doesn’t come back in 3 to 10 days in other state’s you go pick up your gun. In NY it is 30 days which means you have to do another NICS check and if you get delayed again your 30 days starts again.

Exactly, after about a week the NICS system changes from a delay to open. Meaning you are most likely not going to get a definitive answer and now enter a "catch 22" situation. Our illustrious governor came up with this 30 day wait because he knew it would cause the law abiding gun owner problems with the hope they will just give up. NICS check good for 30 days, no answer in that time = starts over and over again. I have personally contacted our state attorney general saying how this is an unconstitutional overreach only to be referred to her opinions department. An email or phone call only takes a few minutes and we all need to be calling them out on things like this instead of just grumbling to each other. A squeaky wheel gets the grease. By the way, having a UPIN number does not automatically keep you from getting delayed.

 

[REF]

Exactly, after about a week the NICS system changes from a delay to open. Meaning you are most likely not going to get a definitive answer and now enter a "catch 22" situation. Our illustrious governor came up with this 30 day wait because he knew it would cause the law abiding gun owner problems with the hope they will just give up. NICS check good for 30 days, no answer in that time = starts over and over again. I have personally contacted our state attorney general saying how this is an unconstitutional overreach only to be referred to her opinions department. An email or phone call only takes a few minutes and we all need to be calling them out on things like this instead of just grumbling to each other. A squeaky wheel gets the grease. By the way, having a UPIN number does not automatically keep you from getting delayed.

Or flat out denied!

 

[Edwardteach72]

I am on day 3 of a hold at Cabella's - at this point not looking good for me eh?

Yea looks like you will have to do that good ol' 30 day wait then start all over again

 

[4WHLDRFTN]

i have a FFL and a UPIN and mine gets delayed

 

[Edwardteach72]

First they are trying to say straw purchase and can't even call it what it is correctly.

Sounds like some fudd ass shop

 

[dsdmmat]

I went there today because they do not answer their phone. They checked to see if I was still on delay, I am. I asked if that means I am done and that I will need to wait the 30 days and start over. They told me that there is a chance I will still get approved. They had some recently take 10 days or so... I can only hope.

I did learn something, I figured to get a second one, had the wife with me. They would not sell her one, huh? Said it would be fraud. I said what you talking about I still want mine that I had already paid for online and she was going to buy one too. Perfect for her or my youunger son to learn with. Winchester Wildcat 22/10. But since we have the same last name and address and I am on delay it would be fraud? Quite an assumption! Oh well I was very polite and thanked him for checking on mine. He gave me my nics number and told me they check each mornign to see if delays clear.

I am a fruadster... hahaha

So If I go to a store and want to buy a gun and my wife goes too and one of us are delayed the other is a fraud?

It could be seen as a straw purchase. The clerk just didn’t call it right thing.

 

[Acer-m14]

It could be seen as a straw purchase. The clerk just didn’t call it right thing.

could be seen as .. but isn't ..

 

[dsdmmat]

could be seen as .. but isn't ..

The store only has to suspect it is, to not sell To her.

 

[GOPerfect]

I went there today because they do not answer their phone. They checked to see if I was still on delay, I am. I asked if that means I am done and that I will need to wait the 30 days and start over. They told me that there is a chance I will still get approved. They had some recently take 10 days or so... I can only hope.

I did learn something, I figured to get a second one, had the wife with me. They would not sell her one, huh? Said it would be fraud. I said what you talking about I still want mine that I had already paid for online and she was going to buy one too. Perfect for her or my youunger son to learn with. Winchester Wildcat 22/10. But since we have the same last name and address and I am on delay it would be fraud? Quite an assumption! Oh well I was very polite and thanked him for checking on mine. He gave me my nics number and told me they check each mornign to see if delays clear.

I am a fruadster... hahaha

So If I go to a store and want to buy a gun and my wife goes too and one of us are delayed the other is a fraud?

As many here know, I sold guns locally for years. If I were behind the counter during your told tale, I would have refused to sell your wife one as well. I would have seen it as a Straw Sale.

 

[GOPerfect]

I understand that now, that was not my intention at all. How about my second question? If I took her when I first went, would one of us still be able to get one if the other was delayed?

I will just be patient and hope they still have them in stock if I ever get approved.

You can try to buy another gun while waiting for your delay to come through. Your wife can buy one at the same time. No worries.

Each persons 4473 is separate from an others.

 

[Acer-m14]

back up to wife buying .... while checking on delay ...

what if wife wanted to buy a different gun and say pistol .. and hubby liked it too but didn't say anything .. just stood there

 

[GOPerfect]

But she cannot buy the same gun I am delayed for, I am confused.... So she looses her rights to buy a gun becasue I am delayed?

No, I hate typing...... Meanings are so lost when typing.

If you were to go in, for example, tomorrow, and she started the conversation with the salesman about a gun, it would not appear to be a Straw sale. The way that I read your explanation, you went in to check your status and after you found out that the delay was still there, the two of you began a conversation about her buying the same gun as you were delayed for.

Did I say it better this time?

 

[Acer-m14]

But she cannot buy the same gun I am delayed for, I am confused.... So she looses her rights to buy a gun becasue I am delayed?

if you would have went to another gun store and wife buy the same .,.. nothing .. she good ..

 

[GOPerfect]

I actually said she wanted to buy the gun before I asked to check on mine. But yes I can see it being interpreted as you said. So tomorrow if she went there herself and tried to buy that gun they would sell it to her?

Yep, gun salesmen sometimes have it tough figuring what is and what is not a Straw Purchase.

 

[Acer-m14]

It is $60 cheaper at Cablea's than other places.... $229 vs $289 if that was $929 vs $989 not so bad.... $60 is a good percentage higher.

what da FUAC ??? lol

 

[Cattafly]

Yep, gun salesmen sometimes have it tough figuring what is and what is not a Straw Purchase.
[/QU
Yep that is the dilemma. I personally have been in the same situation and I have looked at it as an attempted straw purchase. Why, because I have had the delay, after a week or two later, come back as a denied. A person may be a fine upstanding citizen but there is no way for the salesman to know that and I would err on the side of it being a straw purchase.