NICS "delay"

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  • Cameramonkey

    www.thechosen.tv
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    May 12, 2013
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    Hopefully you didnt buy at a big box store like Dicks? I know Dicks' corporate policy is to not give out the gun until they get a solid "Approved" Even though its legal after 3 days of no denial from NICS.

    ETA: To clarify, If, after 3 days there is nothing to prevent the customer from receiving the gun, they often will not transmit the approval after the 3 days. After all, they expect the gun store to follow the law and release it after 3 days, so in an overworked system, its a waste of time to send it because they assume the gun will have already been released so its pointless. So if you buy from one of those stores with the strict policy it can be a PITA. The clerk I talked with told me about one poor guy that took over 30 days and numerous calls/trips to the store to get the official "approved" from NICS so he could take his gun home. Must have been one hell of a deal; I would have walked and found another store that actually follows the law instead of waiting that long for the bull :poop: policy that doesnt follow federal law.
     
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    AboveTheBest

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    Dec 23, 2013
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    Bloomington
    I get delayed every time, and even had to wait for two days once back in 2004.

    I have an LTCH, have NFA items, and have been investigated (favorably) several times by the government. My dad is a retired IPD officer and also gets delayed every time. Our guess is that just having anything at that level gets you flagged so you have to move on to the second line guy with the NICS check that actually has the clearance required to view the information that's flagged you.
     

    wagyu52

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    Sep 4, 2011
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    :+1: That's pretty much what I've been told too, you would think that more background checks you have the quicker the NICS check would be. But it is the opposite, makes your file too large for them to just glance and say "ok" and requires further review. I have found when they are swamped (Friday-Sunday) I get delayed But during the week I've got a much better chance of just a further review and OK'ed after a few minutes.
     

    Cameramonkey

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    May 12, 2013
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    Thought there was an appeal process that's on "hold",

    Obama transfered all the agents doing appeals
    to regular NICS to speed up the over-whelming volume of gun sales.:rolleyes: :rockwoot:

    There WAS an appeals process. Was. Unfortunately "to help us" (yeah right) they pulled ALL agents working the appeals division and reassigned them to the checks division to handle the excess load. Since there is nobody left to actually do appeals, there is effectively NO appeals process.

    So for at least the forseeable future, if you are denied erroneously, it is effectively a semi-permanent denial since there is nobody left to process the appeal. So much for due process.

    I think it is going to take a seriously pro gun prez to reverse this, or LOTS of funding from congress to add more approval agents, and then specific direction from congress to the director to direct them to reinstate the appeals team before this is resolved. It MIGHT get corrected somewhere between 2018 and 2026 (or later) depending on the election outcome(s). Depending on how much :tinfoil: you use, the current state of affairs is short sighted at best, intentional at worst.
     

    shootersix

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    Mar 10, 2009
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    I don't think a upin will cancel out the delay process, it should cancel a deny, but not a delay, ive had people with upins get denied, then approved on appeal

    I used to get further reviewd on every call I did on me, the running joke I had with the nics examiners as after I gave them the check number they always said the name (it was mine) and I said yep that's me (got a lot of chuckles)

    but as others have said the "big box stores" wont transfer without resolution (rural king wont) and after 3 working days, the gunshop has the option of transferring without resolution, and what the big box stores wont tell you, is that after 30 days the 4473 needs to be filed out again(the original paper work is void), I had a customer come into the shop, said that rural king was holding their gun till they got approved, I asked how long, they said it was 2 months, I told him about the 30 day thing, he went back to rk, got a refund, bought the gun from us, got delayed again, and after 3 days, we gave it to him, end of story.

    but I do give rk credit, they gave him a 100% refund, no restocking fee, a few shops will charge 10-20% to restock
     

    superluckycat

    Plinker
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    2   0   0
    Feb 23, 2016
    92
    8
    Madison
    Please explain this...

    I was living in KY at the time. Haven't bought any guns since moving to IN.

    In Kentucky, concealed weapons permit holders whose permits were issued on or after July 12, 2006, qualify as exempt from background checks for five years when purchasing a firearm, according to theBureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act.2 Please note that ATF’s exempt status determination for a given state is subject to change without notice.3
     

    Scottiedog422

    Plinker
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    0   0   0
    Mar 25, 2009
    53
    6
    Tippecanoe, Indiana
    Hopefully you didnt buy at a big box store like Dicks? I know Dicks' corporate policy is to not give out the gun until they get a solid "Approved" Even though its legal after 3 days of no denial from NICS.

    ETA: To clarify, If, after 3 days there is nothing to prevent the customer from receiving the gun, they often will not transmit the approval after the 3 days. After all, they expect the gun store to follow the law and release it after 3 days, so in an overworked system, its a waste of time to send it because they assume the gun will have already been released so its pointless. So if you buy from one of those stores with the strict policy it can be a PITA. The clerk I talked with told me about one poor guy that took over 30 days and numerous calls/trips to the store to get the official "approved" from NICS so he could take his gun home. Must have been one hell of a deal; I would have walked and found another store that actually follows the law instead of waiting that long for the bull :poop: policy that doesnt follow federal law.

    No on the Big Box store, a local FFL is handling. Got the "Proceed" this morning. Brady date was 4/6. Still strange as it has never happened but onward and forward.

    Thank you for the information.
     

    Tynimiller

    Marksman
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    2   0   0
    Sep 20, 2014
    176
    18
    Osceola
    I get sick of guys throwing fits over being delayed..."but I've never been delayed over at "insert competitor" " Okay idiot, it seriously has nothing to do with the store you are at.....SMH
     

    trucker777

    Expert
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    0   0   0
    Mar 5, 2014
    1,393
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    WESTVILLE
    I have been delayed anywhere from 45mins. to 48hrs. on previous occasions. My file always goes to a second agent to review too. I have no idea why. It doesn't happen all the time, just once in awhile.
     
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