Posted: 11/17/2011 1:08:23 PM EDT
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I stopped yesterday at Walmart and want to purchase a shotgun. Filled out an application, lady called State Police and came back with "delayed till 22nd". I never heard of delays on approval before. All my purchases in recent years came with instant approval. I had concealed carry renewed just last month without any problem. Can anybody tell what's this all means?
thanks 
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| In four years of working in a gun store, I have never heard of the VSP giving a "delayed until" date. The background check request will come back as either "approved" or "delayed". If it comes back as "delayed", it usually takes 2 to 3 hours until an approval shows up, although I have seen it take as long as 3 days. That doesn't happen very often, but it does happen every once and a while. |
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In four years of working in a gun store, I have never heard of the VSP giving a "delayed until" date. The background check request will come back as either "approved" or "delayed". If it comes back as "delayed", it usually takes 2 to 3 hours until an approval shows up, although I have seen it take as long as 3 days. That doesn't happen very often, but it does happen every once and a while. when you get your next delay listen carefully to what the dispatcher tells you. if you do them on-line there is a note that gives you the same info. OP, the date you were given is the date that the gun may be transferred to you without the State Police approval. good luck getting a gun from wal-mart without the SP approval, it can be done but IMHO wal-mart isn't likely to do it. Short version.... when a delay occurs the SP have three (3) days to render a decision. the three days does not include the day you fill out the paperwork, nor do they include weekends or holidays. delays happen, it's the way the system works. reasons can be everything from the transaction center is busy to a criminal with a similar name or social as you. that's correct, a social security number that belongs to a dirtbag and is close (numerically) to yours will get you delayed. my advice is that people leave the SSN off of firearms transaction paperwork, it's your decision but you don't have to put it down. it doesn't matter if you've bought 100 guns this year and never been delayed. all it takes is one criminal with similar info to get you hung up. so as far as we know your delay comes from a conviction that happened a few days ago (in theory). you can also contact the SP and ask for the reason that you were delayed. now, the answer that you get will more than likely be vague and not really tell you anything BUT you can call and ask. you will want to ask the gun counter monkey at wal-mart for the SP document number, it'll help them find you in the system. it's rather normal..... just relax. |
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Thanks for responses. Anybody knows how long it'll be delayed? call wal-mart this morning and check on your delay..... no one can predict the length of the delay. we can guess based on the averages that we see but it's not 100%, as we've all seen a few really long delays. |
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sure thing. hell, some guys get delayed EVERY TIME they buy a gun. we have a few customers that are *frequent buyers* and are never instantly approved. funny story: we have one guy that can buy rifles and shotguns and, with great regularity, is never delayed. when he purchases handguns it's almost always a three hour delay. no idea why it happens, it could be a really freak random occurrence but it's amusing none the less. |
| I always get a delay as well, and it generally lasts just long enough for me to leave the store and get to the highway on-ramp. Every time. If I need it fast, I put in the paperwork, tell them I'll be right back, and hit the highway and turn around at the next exit. 100% success rate. VSP won't tell me why either, and usually retort with a "well, you're approved now!" when asked a second time. |
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sure thing. hell, some guys get delayed EVERY TIME they buy a gun. we have a few customers that are *frequent buyers* and are never instantly approved. funny story: we have one guy that can buy rifles and shotguns and, with great regularity, is never delayed. when he purchases handguns it's almost always a three hour delay. no idea why it happens, it could be a really freak random occurrence but it's amusing none the less. I'm one of those guys that gets the delay everytime. I know that there are three guys with the same name as me in the area and one has a criminal background and I think we all have the same or close to birth year so our SS# will be close in numbers. On a side note there are videos of Wal-Mart on youtube not following the rules set by the state. I know of one being in FL. On another side note I asked for ammo at Wal-Mart for a .45acp and the guy couldnt understand why I didnt want .40 S&W........I tried to explane it to him but the light just didnt click on. The price at Ashby Arms for two boxes of 50 rounds worked out to right at the same price or just a little over but a lot better service there. I own stock in Wal-Mart and I dont shop there....Should sell my stock and buy a new gun...........I may be talking to you soon D. |
I bought a Mini 14 at a pawn shop in Motown and got "delayed." The guy told me to come back Friday (it was Monday when I bought in). I came back Friday and he said he hasn't heard anything. I don't even know if I got the approval or not. He said it was procedure to give me the gun. When I asked if there could be problems or not he laughed and said "Oh if there is a problem you'll know, they will find ya." I did not go back and buy anything else off of him, but ya can't beat a new Mini 14, laminated stock for 589.00 in 2008. I hate "Delayed"!!!
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Unless I am mistaken, if they do not call back and get a proceed from the VSP, Wal-Mart won't sell you the gun. I believe that DICK'S has the same policy. I could be wrong though, and somebody correct me if I am. Jeremy There's a reason for this. The VSP tells us if we elect to make the transfer, w/o approval it is our responsibility to retrieve the firearm if they customer is denied. |
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I stopped yesterday at Walmart and want to purchase a shotgun. Filled out an application, lady called State Police and came back with "delayed till 22nd". I never heard of delays on approval before. All my purchases in recent years came with instant approval. I had concealed carry renewed just last month without any problem. Can anybody tell what's this all means? thanks I believe the Walmart employee gave the transfer without approval date. We've been getting a lot of delays lately. Some have been system issues at VSP. The length of the delay can be caused by a number of things including call volume, insufficient staffing, time of day, day of week and complexity of issue. By complexity of issue if research is involved the VSP may have to go back to court records which is time consuming. Example, you had a misdemeanor assualt charge when you were 20. It's not a felony, but they are checking the name of the person you assaulted to verify you aren't prohibited because it was a domestic assault. We've even had some folks denied with no further action. |
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IMO we should try to get rid of the VSP check. Isn't it 100% redundant with NICS? It's considered a "substitute" for NICS under federal law in that it checks and covers everything required by the Brady Act, but there are some subtle additions and differences that the VSP check incorporates above and beyond the Brady Act requirement. There is one additional question on the VSP form, and there are a few state requirements that it covers as well (1 handgun a month for non-CHP holders and the mental health stuff that got passed in response to the VT shooting). There may be other additional things it covers, that's just off the top of my head. |
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I get delayed every time. It usually takes two to three hours for me. It used to be less, but it seems the online checks are actually slower with me. Probably when they had someone on the phone, they'd actually check deeper then and there. Now with the online check, I'm probably just waiting in a cyberline. It's probably more efficient, and likely they are doing it with less people. Of course it seems to take longer for me though.
I think I've had a immeadiate approval once in the last couple years. I have all the checks, security clearences, NFA, etc. in the world. There's probably cutbacks, and most likely people on vacation this time of year. For gunshows, I either buy and waste some more time, or go out to lunch or whatever. Any dealer will normally just call you on your cell. If they are near me, I'll just pick it up at their shop on Monday or whenever. For out of towners, you may have to get creative, but most gunshow dealers have ran into something like this before and might have a plan already. I've never had to actually travel anywhere to pick up anything. |
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I get a "delayed" everytime, and I have a CHP and an 03FFL.  Another one, right here. Upon receipt of my 03FFL I really figured the delay would disappear. Not the case.
Just bought a 700 AAC-SD yesterday and am on delay status... but knowing this in advance, my FFL has me fill out the paperwork in advance, and I come back at a later date to pick up the firearm. I haven't been to a gunshow in a couple years, but I would show up early... find whatever gun I wanted and fill out the forms right away... THEN do all my table browsing and walking around. Back then my delay only took a couple hours, but nowadays it seems to take more than 24hrs, so I don't think gunshow purchases would work well for me anymore. It seems to get longer and longer every year. My first purchase, however many years ago... my delayed status was a mere 15min. No matter what I put on form... always delayed. And was pretty much told that there was nothing I could do to save myself from the wait. A very nice supervisor at VSP told me the reason for my delay was a 'baddie' with similar name and birthdate. Still sucks that I have to wait... but I do feel a little bit better at least knowing WHY. |
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I get delayed all the time. That's why I never consider buying a gun at a gun show. I have also found that most places will not transfer the firearm after the 5 day period, if they don't get a call back from the State Police. They don't "think it's right". I get delayed as well all the time for reasons that still elude me, usually just an hour or so but sometimes more. If I'm planning on buying something, I plan accordingly as far as that inevitable delay. |
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I get delayed all the time. That's why I never consider buying a gun at a gun show. I have also found that most places will not transfer the firearm after the 5 day period, if they don't get a call back from the State Police. They don't "think it's right". There is some liability if you do transfer without approval and it comes back denied according to what we've been told buy the VSP. |
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IMO we should try to get rid of the VSP check. Isn't it 100% redundant with NICS? Pretty much, As someone who's bought a few guns over in VA, I've not had any problems, but VSP damn sure need to do something about staffing, seems every month or so I'm reading where folks were delayed because it was off hours or they were busy 
Hell, the NICS center WV uses and about 3/4 of the rest of the country uses is only about 1.5hrs from me 
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I get delayed all the time. That's why I never consider buying a gun at a gun show. I have also found that most places will not transfer the firearm after the 5 day period, if they don't get a call back from the State Police. They don't "think it's right". There is some liability if you do transfer without approval and it comes back denied according to what we've been told buy the VSP. I don't understand that because the actual law says otherwise. After the 5 days, it explicitly states that the FFL can transfer, at their option. In other words, if the check doesn't come in 5 days, it's not coming, and transfer can take place. |
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I get delayed all the time. That's why I never consider buying a gun at a gun show. I have also found that most places will not transfer the firearm after the 5 day period, if they don't get a call back from the State Police. They don't "think it's right". There is some liability if you do transfer without approval and it comes back denied according to what we've been told buy the VSP. I don't understand that because the actual law says otherwise. After the 5 days, it explicitly states that the FFL can transfer, at their option. In other words, if the check doesn't come in 5 days, it's not coming, and transfer can take place. Ok but the VSP explicitly told us we were responsible to retrieve the weapon if the customer was denied. |
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I get delayed all the time. That's why I never consider buying a gun at a gun show. I have also found that most places will not transfer the firearm after the 5 day period, if they don't get a call back from the State Police. They don't "think it's right". There is some liability if you do transfer without approval and it comes back denied according to what we've been told buy the VSP. I don't understand that because the actual law says otherwise. After the 5 days, it explicitly states that the FFL can transfer, at their option. In other words, if the check doesn't come in 5 days, it's not coming, and transfer can take place. Ok but the VSP explicitly told us we were responsible to retrieve the weapon if the customer was denied.  What do they expect you to do - go hire a private SWAT team to go recover a gun from some guy that got it because they, the VSP, couldn't perform their statutory duties to do the check within the prescribed timeframe?
Whoever told you that is making things up. Here is what the background check law says: The State Police shall provide its response to the requesting dealer during the dealer's request, or by return call without delay. If the criminal history record information check indicates the prospective purchaser or transferee has a disqualifying criminal record or has been acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, the State Police shall have until the end of the dealer's next business day to advise the dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. If not so advised by the end of the dealer's next business day, a dealer who has fulfilled the requirements of subdivision 1 of this subsection may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer. In case of electronic failure or other circumstances beyond the control of the State Police, the dealer shall be advised immediately of the reason for such delay and be given an estimate of the length of such delay. After such notification, the State Police shall, as soon as possible but in no event later than the end of the dealer's next business day, inform the requesting dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. A dealer who fulfills the requirements of subdivision 1 of this subsection and is told by the State Police that a response will not be available by the end of the dealer's next business day may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer. If you gather and provide the information and required IDs and submit it to the VSP, and they don't get back to you by the end of the following business day, then as far as state law is concerned you can transfer the gun and it's not your problem after that. Contact whomever told you that you have to go get the gun back and ask them what happens if you don't. I am REALLY curious to hear their response. |
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I get delayed all the time. That's why I never consider buying a gun at a gun show. I have also found that most places will not transfer the firearm after the 5 day period, if they don't get a call back from the State Police. They don't "think it's right". There is some liability if you do transfer without approval and it comes back denied according to what we've been told buy the VSP. I don't understand that because the actual law says otherwise. After the 5 days, it explicitly states that the FFL can transfer, at their option. In other words, if the check doesn't come in 5 days, it's not coming, and transfer can take place. Ok but the VSP explicitly told us we were responsible to retrieve the weapon if the customer was denied. What do they expect you to do - go hire a private SWAT team to go recover a gun from some guy that got it because they, the VSP, couldn't perform their statutory duties to do the check within the prescribed timeframe?
Whoever told you that is making things up. Here is what the background check law says: The State Police shall provide its response to the requesting dealer during the dealer's request, or by return call without delay. If the criminal history record information check indicates the prospective purchaser or transferee has a disqualifying criminal record or has been acquitted by reason of insanity and committed to the custody of the Commissioner of Behavioral Health and Developmental Services, the State Police shall have until the end of the dealer's next business day to advise the dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. If not so advised by the end of the dealer's next business day, a dealer who has fulfilled the requirements of subdivision 1 of this subsection may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer. In case of electronic failure or other circumstances beyond the control of the State Police, the dealer shall be advised immediately of the reason for such delay and be given an estimate of the length of such delay. After such notification, the State Police shall, as soon as possible but in no event later than the end of the dealer's next business day, inform the requesting dealer if its records indicate the buyer or transferee is prohibited from possessing or transporting a firearm by state or federal law. A dealer who fulfills the requirements of subdivision 1 of this subsection and is told by the State Police that a response will not be available by the end of the dealer's next business day may immediately complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer. If you gather and provide the information and required IDs and submit it to the VSP, and they don't get back to you by the end of the following business day, then as far as state law is concerned you can transfer the gun and it's not your problem after that. Contact whomever told you that you have to go get the gun back and ask them what happens if you don't. I am REALLY curious to hear their response. Honestly when delayed they give us a transfer date that is 5 days after the day we request approval. That is sop so I'm not sure about the 24 hours stated in your quote. |
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Honestly when delayed they give us a transfer date that is 5 days after the day we request approval. That is sop so I'm not sure about the 24 hours stated in your quote. Only reason I can think of is that federal law allows 5 days and they have to comply with the longer federal period - if that is in fact what NICS requires (and I don't know). But that still doesn't explain the bit about the dealer being responsible for getting the gun back if it turns out the person is prohibited. That is just  .
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Thurs., Jan. 14th, Delay Status Received
Fri., Jan. 15th, Day One Sat., Jan. 16th, State Offices are Closed Sun., Jan. 17th, State Offices are Closed Mon., Jan. 18th, State Holiday Tues., Jan. 19th, Day Two Wed., Jan. 20th, Day Three Thurs., Jan. 21st, Transfer May Occur b. If not so advised by the end of the third business day, the dealer may immediately complete the sale or transfer of the firearm(s).. c. If a firearm is transferred prior to a final determination of eligibility by the State Police, the dealer is requested to notify the State Police operator immediately. from: here never a word said to me about going to get a gun back. don't get me wrong, if the VASP told me to get one back i would act accordingly, AFTER TALKING TO MY LAWYER. i've transferred them sans-approval and never worried about having to reposes anything. i call VASP, tell them i'm transferring, take down the I.D. of the dispatcher i spoke with (along with time and date) and away the gun goes. |
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Thurs., Jan. 14th, Delay Status Received
Fri., Jan. 15th, Day One Sat., Jan. 16th, State Offices are Closed Sun., Jan. 17th, State Offices are Closed Mon., Jan. 18th, State Holiday Tues., Jan. 19th, Day Two Wed., Jan. 20th, Day Three Thurs., Jan. 21st, Transfer May Occur b. If not so advised by the end of the third business day, the dealer may immediately complete the sale or transfer of the firearm(s).. c. If a firearm is transferred prior to a final determination of eligibility by the State Police, the dealer is requested to notify the State Police operator immediately. from: here never a word said to me about going to get a gun back. don't get me wrong, if the VASP told me to get one back i would act accordingly, AFTER TALKING TO MY LAWYER. i've transferred them sans-approval and never worried about having to reposes anything. i call VASP, tell them i'm transferring, take down the I.D. of the dispatcher i spoke with (along with time and date) and away the gun goes. Where are they coming up with three business days? ETA: It appears that the 3 business days is the federal rule. The VSP check is the NICS POC so presumably they get the benefit of the longer 3 day period to verify no federal prohibitions. |
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Thurs., Jan. 14th, Delay Status Received
Fri., Jan. 15th, Day One Sat., Jan. 16th, State Offices are Closed Sun., Jan. 17th, State Offices are Closed Mon., Jan. 18th, State Holiday Tues., Jan. 19th, Day Two Wed., Jan. 20th, Day Three Thurs., Jan. 21st, Transfer May Occur b. If not so advised by the end of the third business day, the dealer may immediately complete the sale or transfer of the firearm(s).. c. If a firearm is transferred prior to a final determination of eligibility by the State Police, the dealer is requested to notify the State Police operator immediately. from: here never a word said to me about going to get a gun back. don't get me wrong, if the VASP told me to get one back i would act accordingly, AFTER TALKING TO MY LAWYER. i've transferred them sans-approval and never worried about having to reposes anything. i call VASP, tell them i'm transferring, take down the I.D. of the dispatcher i spoke with (along with time and date) and away the gun goes. Where are they coming up with three business days? ETA: It appears that the 3 business days is the federal rule. The VSP check is the NICS POC so presumably they get the benefit of the longer 3 day period to verify no federal prohibitions. lol, yeah it's the good 'ol five day, three day wait! |
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West Virginia here, and we use NICS. I agree completely with the social security number info above. I used to get more "delays" with the SSAN provided than I do now. Also we always transfer a firearm at our store as soon as the 3 days have expired unless notified otherwise.
1. I believe everyone has the right to buy a firearm in our country, as long as the law is complied with. Once the 3 days have expired I believe we have complied with the law. 2. Some of my pawn customers routinely get delayed. Don't know why. Am I going to decide to retain their property because of a delay? 3. Only one time in 6 years did they come back later with a deny after the 3 days. The NICS agent that called asked if it had been transferred and was told it had. She just said "OK, thanks". We updated the paperwork to reflect the new information. |
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there are a few state requirements that it covers as well (1 handgun a month for non-CHP holders Hopefully we can get rid of the one a month this upcoming GA session. But that's something that has always bugged me... if, as they say, background records are not retained, how can they tell if someone has indeed violated the 30 day rule? |
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there are a few state requirements that it covers as well (1 handgun a month for non-CHP holders Hopefully we can get rid of the one a month this upcoming GA session. But that's something that has always bugged me... if, as they say, background records are not retained, how can they tell if someone has indeed violated the 30 day rule?
Read the Code (18.2-308.2:2) - they keep a record for 30 days, and keep multiple handgun transfers for 12 months. |
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there are a few state requirements that it covers as well (1 handgun a month for non-CHP holders Hopefully we can get rid of the one a month this upcoming GA session. But that's something that has always bugged me... if, as they say, background records are not retained, how can they tell if someone has indeed violated the 30 day rule?Read the Code (18.2-308.2:2) - they keep a record for 30 days, and keep multiple handgun transfers for 12 months. Denials are kept for much longer. At compliance inspections the IOI will often pull out a list of the denials and ask to see where the guns for those transactions went. |
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there are a few state requirements that it covers as well (1 handgun a month for non-CHP holders Hopefully we can get rid of the one a month this upcoming GA session. But that's something that has always bugged me... if, as they say, background records are not retained, how can they tell if someone has indeed violated the 30 day rule?Read the Code (18.2-308.2:2) - they keep a record for 30 days, and keep multiple handgun transfers for 12 months. Denials are kept for much longer. At compliance inspections the IOI will often pull out a list of the denials and ask to see where the guns for those transactions went. There is zero doubt in my mind that they retain quite a bit more than they're supposed to, for quite a bit longer than they're supposed to, regardless of what the Code says. |
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there are a few state requirements that it covers as well (1 handgun a month for non-CHP holders Hopefully we can get rid of the one a month this upcoming GA session. But that's something that has always bugged me... if, as they say, background records are not retained, how can they tell if someone has indeed violated the 30 day rule?Read the Code (18.2-308.2:2) - they keep a record for 30 days, and keep multiple handgun transfers for 12 months. Denials are kept for much longer. At compliance inspections the IOI will often pull out a list of the denials and ask to see where the guns for those transactions went. There is zero doubt in my mind that they retain quite a bit more than they're supposed to, for quite a bit longer than they're supposed to, regardless of what the Code says. So what you're saying is you bel;ieve the VA State Police are actively violating State Law? |
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I get delayed all the time. No criminal history, honorable discharge from the Army, Iraq vet, etc. Gets annoying.
A week or so ago I was buying a rifle and got delayed. After dicking around for three hours waiting I emailed the state police. Here is the response.. Dear Sir,
Our records indicate a firearms purchase application was received on your behalf on November 23, 2011 at 11:55 a.m., and modified to an approved level at 3:01 p.m. the same date. The criminal history record information check required prior to the purchase of a firearm in Virginia is accomplished by a name check in conjunction with the purchaser's race, sex, and date of birth. It is not unusual for us to receive a "hit" response when we query the national and state databases due to similar or exact personal descriptors of the prospective purchaser and those listed on an arrest record. When this occurs, review is necessary to determine if the prospective purchaser may be the same individual contained in these files, as well as lawful eligibility if probable identification is determined. Query of the criminal history files with your personal identifiers produces a "hit" result wherein probable identification is not concluded (a false hit). While your transactions should be processed in a matter of minutes, the budget crises affecting general funds of the Commonwealth has prevented the filling of vacated employee positions in the Firearms Transaction Call Center, which has, in turn, extended the processing time in the background check process. I am sorry for the inconvenience this situation has caused you. If I can be of further assistance, please advise. Sincerely, Donna K. Tate, Manager Firearms Transaction Center Department of State Police Post Office Box 85608 Richmond, Virginia 23285-5608 Tel: 804-674-2210 Fax: 804-674-2791 The only instant one I've had in the last three years actually took place in PA. I'm guessing it was instant because they actually called the VSP instead of doing the online thing. My delays generally go from 2 hours to having to come back the next day. Annoying as hell. |
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If it costs more than the free Federal NICS and is also much slower, well it may be time to dump it and go with NICS. I've always thought that myself, but I'm no VA resident, and I don't know what goes on. I do know the VSP do their one handgun a month BS stuff too. All that matters to me is when i buy a rifle at Ashby Arms it lets me take it out the door
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