Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
3/12/2013 12:14:18 PM EDT
Wondering if anyone ever had this situation..................

Your customer is "delayed" by the NICS check...........

Then the delay period expires and the transaction is completed............

At some point in time later NICS responds with a "denial".

I am wondering if this ever happens and, if so, what happens or is supposed to happen after that.

Thanks
3/12/2013 12:15:08 PM EDT
[#1]
Yes it has happened.  Just tell them it was given to the owner.
3/12/2013 12:19:58 PM EDT
[#2]
Thats why you buy the gun on Tuesday and pick it up on Saturday.

The ATF is closed on Saturday.

3/12/2013 12:20:48 PM EDT
[#3]
Quoted:
Thats why you buy the gun on Tuesday and pick it up on Saturday.

The ATF is closed on Saturday.



You've got experience with being delayed and denied then?
3/12/2013 12:21:40 PM EDT
[#4]
Quoted:
Wondering if anyone ever had this situation..................

Your customer is "delayed" by the NICS check...........

Then the delay period expires and the transaction is completed............

At some point in time later NICS responds with a "denial".

I am wondering if this ever happens and, if so, what happens or is supposed to happen after that.

Thanks


Join date, post count

What does your ATF manual say?
3/12/2013 12:23:33 PM EDT
[#5]
Quoted:
Quoted:
Thats why you buy the gun on Tuesday and pick it up on Saturday.

The ATF is closed on Saturday.



You've got experience with being delayed and denied then?




For some reason I have been delayed on the last two gun purchases.

ETA Haven't been denied.
3/12/2013 12:24:06 PM EDT
[#6]
Quoted:
Quoted:
Wondering if anyone ever had this situation..................

Your customer is "delayed" by the NICS check...........

Then the delay period expires and the transaction is completed............

At some point in time later NICS responds with a "denial".

I am wondering if this ever happens and, if so, what happens or is supposed to happen after that.

Thanks


Join date, post count

What does your ATF manual say?


 Just follow the rules.  If they don't respond in time, its their problem.  You are not prohibited from transferring the firearm after the time passes.  I assume they will want to know where it went if this scenario played out.

3/12/2013 12:38:17 PM EDT
[#7]
Delayed - never denied.

Delayed on a purchase last Sept. (first purchase in 8 years) No further response from NICS so transaction went through. Now delayed again on another background check on another matter (not purchase) but same or similar data source. Trying to get a handle on what the procedures are for this. Have had several background checks in the past for purchases and other things with no problem - suddenly encountering this.
3/12/2013 12:40:15 PM EDT
[#8]
I've been delayed my last two purchases. That is of course before the boating accident
3/12/2013 12:40:42 PM EDT
[#9]
Never had it happen, but if the time passes for them to respond, the customer is going to get the gun.

If thats the law, then follow it.
3/12/2013 12:45:11 PM EDT
[#10]



Quoted:


Delayed - never denied.



Delayed on a purchase last Sept. (first purchase in 8 years) No further response from NICS so transaction went through. Now delayed again on another background check on another matter (not purchase) but same or similar data source. Trying to get a handle on what the procedures are for this. Have had several background checks in the past for purchases and other things with no problem - suddenly encountering this.


This happens to a friend of mine.  He happens to have the same name as a wanted fugitive.  Might be a different situation, he can't even buy an airline ticket without major hassles.



 
3/12/2013 12:48:17 PM EDT
[#11]
I hate delays, it always reminds me of Homer Simpson buying a gun. "Delayed?!?! But I'm angry NOW!!!"

3/12/2013 12:51:39 PM EDT
[#12]


If you have had a bunch of background checks in a short time frame it is an automatic delayed. The need to see why you have had so many checks done. most time they don't bother to respond because it is work related. But for somethings it is court related and they want to see if there is an outcome from the chares before they proceed. IE: if it is violent or felony related.

3/12/2013 12:52:42 PM EDT
[#13]
Quoted:

Quoted:
Delayed - never denied.

Delayed on a purchase last Sept. (first purchase in 8 years) No further response from NICS so transaction went through. Now delayed again on another background check on another matter (not purchase) but same or similar data source. Trying to get a handle on what the procedures are for this. Have had several background checks in the past for purchases and other things with no problem - suddenly encountering this.

This happens to a friend of mine.  He happens to have the same name as a wanted fugitive.  Might be a different situation, he can't even buy an airline ticket without major hassles.
 


Yeah, I understand. I figured with the purchase delay last year it was because I did not give my SS#. But in the situation last week I did give the SS# and still got delayed. This is getting frustrating as nothing has changed for me since my last Brady check in 2004. Suddenly, "the machine has my number" and no one can tell me why. That's why I figured since no one came to the door demanding the gun from last year's purchase it was just some glitch. Now? WTF?
3/12/2013 12:54:19 PM EDT
[#14]
Quoted:
Delayed - never denied.

Delayed on a purchase last Sept. (first purchase in 8 years) No further response from NICS so transaction went through. Now delayed again on another background check on another matter (not purchase) but same or similar data source. Trying to get a handle on what the procedures are for this. Have had several background checks in the past for purchases and other things with no problem - suddenly encountering this.


I wouldn't worry about it too much. They are probably just backlogged, being worthless .gov employees or both
3/12/2013 12:55:15 PM EDT
[#15]
The procedure is to contact the FFL once the denial is confirmed, then if the gun is transferred, all information that pertains to the customer AND the gun is taken and LE is sent to retrieve the gun and make the arrest.
3/12/2013 1:05:58 PM EDT
[#16]
Quoted:
The procedure is to contact the FFL once the denial is confirmed, then if the gun is transferred, all information that pertains to the customer AND the gun is taken and LE is sent to retrieve the gun and make the arrest.


This is what I was looking for, thanks. I had read this on wikipedia and didn't trust it.

Since that didn't happen in the last instance I guess I will just have to wait out this delay too. And not worry about it.

OK - another question. I have read about the appeals process for a denial and the release of the reason for the denial to me. But if there is no actual denial, just irritating delays, does anyone have any idea how to pry out of "them" the reason for the delays? Since when the delay happens it seems to come with a "they don't tell us why".

I appreciate all the responses and help with this. I'll sleep better tonight.
3/12/2013 1:09:45 PM EDT
[#17]
Quoted:
The procedure is to contact the FFL once the denial is confirmed, then if the gun is transferred, all information that pertains to the customer AND the gun is taken and LE is sent to retrieve the gun and make the arrest.


Really? I am not a FFL but wasn't there recently a report that about 95% of the denials were false positives?
3/12/2013 1:10:01 PM EDT
[#18]
Seen it happen.  The place I worked for had a policy of even waiting a few days longer after a no response just for CYA.  Had NICS call back then with a denial.  Told them too late, firearm has already been transferred.  They said something like "Ok, we take care of it" and that was the last we heard about that.  We were speculating if the local police were then notified to track the guy down and confiscate that firearm.  Never did find out if they did anything.
3/12/2013 1:13:01 PM EDT
[#19]
Never delayed always get hold for "further review" though. Usually only takes a few extra minutes.
3/12/2013 1:13:34 PM EDT
[#20]
In Florida, they get the address of the buyer and then okay release of the gun if they don't have an answer within three business days. I've had people who were denied after we released it; presumably the state sent someone to the guy's house and took the gun while the issue was resolved.
3/12/2013 1:25:30 PM EDT
[#21]
Quoted:
Quoted:

Quoted:
Delayed - never denied.

Delayed on a purchase last Sept. (first purchase in 8 years) No further response from NICS so transaction went through. Now delayed again on another background check on another matter (not purchase) but same or similar data source. Trying to get a handle on what the procedures are for this. Have had several background checks in the past for purchases and other things with no problem - suddenly encountering this.

This happens to a friend of mine.  He happens to have the same name as a wanted fugitive.  Might be a different situation, he can't even buy an airline ticket without major hassles.
 


Yeah, I understand. I figured with the purchase delay last year it was because I did not give my SS#. But in the situation last week I did give the SS# and still got delayed. This is getting frustrating as nothing has changed for me since my last Brady check in 2004. Suddenly, "the machine has my number" and no one can tell me why. That's why I figured since no one came to the door demanding the gun from last year's purchase it was just some glitch. Now? WTF?


Get a UPIN.  I had a guy that had a common name like that and he finally got sick of the crap.  He went and got a UPIN and his NICS checks go right through when the UPIN is given.
3/12/2013 1:31:36 PM EDT
[#22]
I looked into the UPIN but it appears you have to first be denied before you can get that. This last delay happened with a LE agency and even they weren't told the reason for the delay. Obviously some agency that it being asked for information is sending something that raises a "flag" all of a sudden. But as it stands now I can't find out what agency or what the problem is so I can correct it.

But, again, I appreciate the help.