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Posted: 1/8/2006 6:04:46 AM EDT
What are your rights as to this?

A guy I work with has been delayed for over 2-weeks. They haven't denied him just delayed. They told him they could delay as long as they like or something to that affect. He has the same name as some dude wh recently either shot someone or some similar incident.

Does he have the right to know why they aren't approving the background check?
Link Posted: 1/8/2006 6:08:23 AM EDT
If you are delayed you get the gun after 72 hours.
Link Posted: 1/8/2006 6:25:30 AM EDT
[Last Edit: 1/8/2006 6:26:23 AM EDT by C-4]

Originally Posted By sp1shooter:
If you are delayed you get the gun after 72 hours.



+1

You can't be delayed indefinitely, only for 3 business days after which the gun can be transfered.

His 'rights' only begin once he is denied and then he needs to go through the NICS Appeals Services Unit at the FBI. The FFL will give him a pamphlet with the NTN (ETA: NICS Transaction Number) to do so.
Link Posted: 1/22/2006 1:07:52 AM EDT
Telling your FFL you have to file a document with the FBI should light a fire under their ass to get you the gun.
Link Posted: 1/22/2006 1:29:28 AM EDT
I usually flop on the ground, kicking and screaming.

If that doesn't work I hold my breath until I pass out.

And if that doesn't do it I find threatening politicians usually does the trick.

Yup, 72 hrs. If they won't sell him the gun I'd just go somewhere else.
Link Posted: 1/22/2006 4:42:54 AM EDT
Well, it seems he's trying to get a rifle at Wal-Mart. They have an internal policy against selling the gun without an approval. He has a deposit (layaway) on a deer rifle for his son for Christmas.

I had a gun shop do that to me once when the dumbass brady wait was in place. The 3 days were over approval hadn't came back and they wouldn't sell me the pistol. (it was for my GF's birthday and I got it later) I told them that if they don't stand up for what is right then we gunowners don't have a chance. I never bought anything from them again. They are now out of business (go figure! )
Link Posted: 1/22/2006 4:46:46 AM EDT
The key word is CAN . They don't have to transfer after 72 hours
Link Posted: 1/22/2006 4:46:54 AM EDT
[Last Edit: 1/22/2006 5:13:25 AM EDT by npd233]
"Delayed" only means that it is not "immediately" approved for transfer. You Must wait 72 hours and then must transfer the gun IF you have not been contacted and told that transfer has been denied. They will not contact you to tell you it's now okay to proceed.

edit.. this is how Illinois does it. They call into the state police for the check, not NICS, I think.
Link Posted: 1/22/2006 4:48:11 AM EDT

Originally Posted By COZ:
Well, it seems he's trying to get a rifle at Wal-Mart. They have an internal policy against selling the gun without an approval. He has a deposit (layaway) on a deer rifle for his son for Christmas.



Well, they can make any policy they want. Is it still delayed? If so, it seems like a long time to be delayed. NICS will eventually make a decision either way. Has he had them call again to find out what's up?
Link Posted: 1/22/2006 4:53:50 AM EDT
Gander mountain does 8 days ,if your delayed .........anyway, tell your friend to get his money back and stop doing biz with walmart ,as they are ruining America anyway
Link Posted: 1/22/2006 4:56:32 AM EDT
I get delayed all the time. To the point now where I just expect it. At one of my most often used toy stores, they'll tell you the date to come back if your proceed call has not yet arrived. At another, they'll call NICS back in twenty minutes to check delay status, and it'll be done. Never been delayed for more than 24hrs, and I'm a "model citizen"..

Link Posted: 1/22/2006 5:13:32 AM EDT
[Last Edit: 1/22/2006 5:14:12 AM EDT by fight4yourrights]
Walmart - Joining America's Judges and 'Legislating from the bench'

CANCEL the order/purchase and go to a REAL gun shop and buy it. He'll get delayed, then get the gun in 3 days.
Link Posted: 1/22/2006 5:22:54 AM EDT

Originally Posted By Kodiak-AK:
The key word is CAN . They don't have to transfer after 72 hours



On my first gun purchase, a handgun, I was delayed for almost a week. Ever since then I get the gun immediately after the paperwork is filled out and the call to NCIS goes through.

Gotta Luv PA.
Link Posted: 1/22/2006 5:28:44 AM EDT

Originally Posted By fight4yourrights:
Walmart - Joining America's Judges and 'Legislating from the bench'

CANCEL the order/purchase and go to a REAL gun shop and buy it. He'll get delayed, then get the gun in 3 days.



It's probably Walmart's fault. . . cancel the order and pay 5% more to get it from a real gun shop.
Link Posted: 1/22/2006 5:33:08 AM EDT
I get delayed all the time- it is usually for a couple of hours so it can be a pain at a gunshow. I try and do business with a dealer who knows me because he'll call the check in as soon as he gets the gun in and the approval is done before I get to his shop. That keeps me coming back. Rich
Link Posted: 1/22/2006 5:42:12 AM EDT
My pretty clear understanding of delays is as follows...

You can be delayed up to 72 hours.
After that point, it is at the FFL's discretion, whether he chooses to release the firearm to you or not. He legally can, but he does not have to. This week delay, 3 weeks delay, is nonsense really.

If you get delays, there may be someone with a name or SS# similar to yours, theres a form you can fill out which usually fixes that, and ends delays.

I've never been delayed, nor denied... this is just my understanding as told by my FFL. This is why I deal with a person, instead of walmart.
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