Posted: 1/24/2013 4:58:27 AM EDT
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Hello all, I have a lower that recently was delivered to my FFL. This is the first time dealing with an FFL transfer as the only gun purchases I have done were FTF. When doing my background check, I was put on a delay. I have no felonies or misdemeaners on my record and cant even remeber the last time I received a speeding ticket. I read that this can happen randomly, so that may just be what it is. This happened tuesday evening. I still have not heard anything from my FFL in regards to it being cleared (It still hasn't been 3 days). I understand that there is a 3 business day waiting period. My question is, after those three days, is it the FFL's discretion to transfer the lower over to me or is it mandatory that he does? I have heard both. Also, is there any way they can deny after the three day waiting period? TIA. |
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Quoted: Hello all, I have a lower that recently was delivered to my FFL. This is the first time dealing with an FFL transfer as the only gun purchases I have done were FTF. When doing my background check, I was put on a delay. I have no felonies or misdemeaners on my record and cant even remeber the last time I received a speeding ticket. I read that this can happen randomly, so that may just be what it is. This happened tuesday evening. I still have not heard anything from my FFL in regards to it being cleared (It still hasn't been 3 days). I understand that there is a 3 business day waiting period. My question is, after those three days, is it the FFL's discretion to transfer the lower over to me or is it mandatory that he does? I have heard both. Also, is there any way they can deny after the three day waiting period? TIA. Not sure if it's mandatory, but they'll send the po-po over to retrieve it if you're denied after the fact. |
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I haven't seen any real increase in delays due to their call volume. I have been unable to even be connected to a NICS operator person and their system just hung up on me saying "unable to take your call".
If you have had any kind of security clearance you will be kicked over to the FBI side. I've noticed that my clients with former DUI/DWI convictions and have been through nasty divorces, etc get the denials. Maybe due to restraining orders, etc. Quoted:
Lotof delays right now due to nics being overwhelmed. Patience. |
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Quoted:
Hello all, I have a lower that recently was delivered to my FFL. This is the first time dealing with an FFL transfer as the only gun purchases I have done were FTF. When doing my background check, I was put on a delay. I have no felonies or misdemeaners on my record and cant even remeber the last time I received a speeding ticket. I read that this can happen randomly, so that may just be what it is. This happened tuesday evening. I still have not heard anything from my FFL in regards to it being cleared (It still hasn't been 3 days). I understand that there is a 3 business day waiting period. My question is, after those three days, is it the FFL's discretion to transfer the lower over to me or is it mandatory that he does? I have heard both. Also, is there any way they can deny after the three day waiting period? TIA. An FFL MAY transfer after 3 days. He is not required to until the background check is complete. It's discretionary on his part once the 3 days have passed. Remember, it's 3 business days, not 3 consecutive days. What the delay most likely is is that someone that has a similar name and birth date may have committed a crime and they are making sure you aren't him. It can also be a result of high traffic on the background check system too. As for the comment about sending the po po in to get it if he refuses... I highly recommend you don't go down that road. It would backfire on you big time. |
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Hello all, I have a lower that recently was delivered to my FFL. This is the first time dealing with an FFL transfer as the only gun purchases I have done were FTF. When doing my background check, I was put on a delay. I have no felonies or misdemeaners on my record and cant even remeber the last time I received a speeding ticket. I read that this can happen randomly, so that may just be what it is. This happened tuesday evening. I still have not heard anything from my FFL in regards to it being cleared (It still hasn't been 3 days). I understand that there is a 3 business day waiting period. My question is, after those three days, is it the FFL's discretion to transfer the lower over to me or is it mandatory that he does? I have heard both. Also, is there any way they can deny after the three day waiting period? TIA. An FFL MAY transfer after 3 days. He is not required to until the background check is complete. It's discretionary on his part once the 3 days have passed. Remember, it's 3 business days, not 3 consecutive days. What the delay most likely is is that someone that has a similar name and birth date may have committed a crime and they are making sure you aren't him. It can also be a result of high traffic on the background check system too. As for the comment about sending the po po in to get it if he refuses... I highly recommend you don't go down that road. It would backfire on you big time. I think that was in reference to if the FFL transferred it to him after the 3 Business Days and on the 4th or 5th Business day the NICS came back denied. |
| Like someone mentioned earlier your name might of got mixed up with someone else. If you don't have the CC license then you have to wait, if its conditional then after a few days he can call back. If they really think your a felon then you could contest it by get your prints done and sending them off to the Feds. If that's the case better get a UPIN. |
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Thanks for the suggestions. Tomorrow evening will be the end of the three business day wait. Ill give him a call then. If there still is a delay or if they deny, I will go the route of obtaining a UPIN as I do not have any convictions on my record other than traffic violations. I did hear that if you have to fill out a police report, it could ping you in the system as well. I was sidewsiped last summer so a report was filled then, I was not at fault but my name still is in the system because of the report. |
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Quoted:
Thanks for the suggestions. Tomorrow evening will be the end of the three business day wait. Ill give him a call then. If there still is a delay or if they deny, I will go the route of obtaining a UPIN as I do not have any convictions on my record other than traffic violations. I did hear that if you have to fill out a police report, it could ping you in the system as well. I was sidewsiped last summer so a report was filled then, I was not at fault but my name still is in the system because of the report. No, it'll be Monday. The day he called doesn't count, it's 3 business days in between which for you would be (Wed, Thurs, and Friday). If he wanted, he could transfer it to you on Monday. |
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Quoted:
Thanks for the suggestions. Tomorrow evening will be the end of the three business day wait. Ill give him a call then. If there still is a delay or if they deny, I will go the route of obtaining a UPIN as I do not have any convictions on my record other than traffic violations. I did hear that if you have to fill out a police report, it could ping you in the system as well. I was sidewsiped last summer so a report was filled then, I was not at fault but my name still is in the system because of the report. Whoever told you that is full of shit! |
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Thanks for the suggestions. Tomorrow evening will be the end of the three business day wait. Ill give him a call then. If there still is a delay or if they deny, I will go the route of obtaining a UPIN as I do not have any convictions on my record other than traffic violations. I did hear that if you have to fill out a police report, it could ping you in the system as well. I was sidewsiped last summer so a report was filled then, I was not at fault but my name still is in the system because of the report. No, it'll be Monday. The day he called doesn't count, it's 3 business days in between which for you would be (Wed, Thurs, and Friday). If he wanted, he could transfer it to you on Monday. Or Saturday or Sunday. |
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Lotof delays right now due to nics being overwhelmed. Patience. I just did a transfer on Monday with my FFL and it was done in 5 minutes. Guess things have improved then. Few weeks ago, it was taking 10-12 days. 
They don't delay people just because they're busy. |
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Damn, there's a lot of weird and random bullshit in this thread.
First off, everything I'm about to say is based on Florida background check procedures, as run by FDLE (which acts as a middleman for NICS). It should almost entirely carry over to Georgia, but it's possible there are some small procedural differences. When you run a background check, you have basically three possible answers: A for approved (duh), C for conditional non-approval ("delayed") or N for non-approval. Theoretically any of those answers could change at any time, although I've never seen an A changed to anything else later. If the individual receives a C (sometimes called a CN), then the state has an additional three business days to conduct further investigation into their information - note that those days are subject to holidays and such, and they'll explicitly give the date that the FFL is supposed to call back on - don't assume that it's actually three days. Generally this seems to mean that they're trying to pull records from another state or another agency that doesn't have properly digitized files. For instance, all non-citizens (resident aliens and non-resident aliens) automatically come back as a Conditional, for the simple fact that it takes at least an hour or two for someone to check with INS and confirm their residency status. At the end of the three day period, they have until 5PM to investigate, at which point the FFL can call them for a decision. Theoretically, as soon as FDLE receives the information they need to confirm that the transaction is OK (which might only take 1 or 2 days), they're supposed to call the FFL and tell them to change the C into an A. In practice, this almost never seems to happen...or they'll call days later after the weapon has already been released under a conditional. The FFL can call back at any time to check the status of the conditional, but for the most part it's a waste of the FFL's time until the three days have passed. Once those three days have passed, the FFL calls back. Probably half the time, it's been changed to an approval, the gun goes home. Occasionally it's changed to a non-approval, at which point the appeal form is filled out if the buyer still wants to get their gun. Quite often though, no result is ever found and it remains a conditional. At that point it becomes up to the dealer's discretion whether they wish to release the gun on a conditional. Many dealers may refuse to do so, and legally there is no recourse that I'm aware of. If my customer wants to go ahead and take it home, I'll explain to them that their information is going to be provided to FDLE, and if it ever changes to a non-approval, ATF will contact them to retrieve the weapon. At that point FDLE is contacted to confirm that it's still a conditional, informed that the weapon is going to be released on the conditional, and FDLE will usually ask for their home address. Very, very rarely the check comes back non-approval later on down the road, and at that point FDLE hands it to ATF for retrieval. The agent that I've spoken to basically said that his method of doing this was to call up the gun buyer, explain the situation, and tell them to either return to the gun to the store, or surrender it to ATF, or go to jail. In my experience field agents don't seem to like doing arrests for this, unless the individual in question is a giant dumbass (field agent or gun buyer). If it's a non-approval, the customer has 21 days to submit an appeal with fingerprints. It gets processed, they try to identify whether that person matches the records of the person who committed whatever crime, and if it doesn't, the customer gets an approval letter back in the mail. That letter is good for one transaction, and one transaction only, from the dealer. Any number of guns can be added onto the transaction, but once it's completed the buyer is probably going to have to go through another entire non-approval process the next time. Unless they apply for a UPIN in the meantime via the FBI, which leaves their fingerprints and info on file for immediate identification whenever a background check is processed. |
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Well, I talked to my FFL tonight. He said that he got something back but it still didnt show clear/denied. He said I could pick it up tomorrow if I wish. Still not sure what I want to do… He did mention that he's gotten delays before where he never got an answer back. I believe he said he got one response for a "cleared" but it was like 3 weeks after. |
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