Posted: 3/10/2005 1:26:53 PM EDT
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On average, how often do fellow NY'ers get a "Delay" status when being submitted for the NICS background check? Obviously, NYS Pistol Permit holders need not respond due to their not being required to submit to the check. Also, since you will never be told what the reason was for being delayed, how many of you have been prior owners of FFL's but had to give them up or let them expire (not talking about loosing your FFL for legal reasons, just letting it expire or not bothering to renew it). My theory here is that being delayed for many of your 4473 firearms purchases, even if it was only a couple hours, might be directly related to having owned an FFL at some point. Obviously you wouldnt be legally purchasing a firearm if you were legally prevented from owning one. Just curious. |
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As an FFL, I have found the group with the most delays to be LEOs. NICS looks for flags and doesn't initially identify why the flag is there. LEOs tend to be in the system for obvious reasons and a lot of them who are buying on the badge ( and hence no permit to negate the need for a check) seem to get delayed. * post contains personal opinion only* |
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The FFL may transfer the firearm after three business days after the delay is communicated to the FFL. For example if the delay is received on Monday the firearm can be transferred on Friday. The FFL can refuse to do the transfer if they wish. Not all pistol licenses in NY are NICS certified. If it is certified it will state it on the license or on a separate certification document. |
That also jibes with both my personal experience and with what has been related to me by dealers. Military with security clearance investigations tend to pop too. I'm active duty USMC w/ a secret clearance. Apparently the background investigation for my clearance left all sorts of flags that would inevitably delay me (from 5 hrs to 5 minutes, which was solved by getting my pistol permit!) As the NICS system matured, my time to approval shrank, and the last time was a quick as the primary operator who delayed me, and then passed me off to a operator with higher level access who approved my purchase, all within one phone call. |
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These reasons all sound so odd. NICS delays because someone is in the military or has secret clearances? A police officer buying a firearm? I believe you guys, but it just sounds strange. But it might also elude to the prior FFL ownership as well! NICS see's someone who had previously been a liscensed dealer now trying to buy a firearm and they get redflagged. Is there any way a person can find out exactly why they got a delay? I have heard the answer to that is absolutely not, no way. |
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"domestic related" refers to orders of protection, restraining orders etc. or convictions for a crime of domestic violence. AFAIK there is no way to find out the reason you were delayed. If you are denied there is an appeal process with the FBI that you must follow in order to remove the disability if it is in error. |
My understanding was that if you were DENIED, you will be receiving a visit from the authorities for attempting to purchase a firearm as a convicted felon! Certainly an appeal would be allowed if it were issued in error. I'm just trying to see what percentage of NICS were given a delayed status by NY residents, and what may possibly be the reasons associated with it. |
Thats why I tell ALL of my customers witha permit to make sure to get their NICS coupon before they come to see me. |
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the NICS thing expires after 5 years mine will be expiring next month however, I had to fill out a new NICS background check form when I transfered my permit so whenever Erie County gets around to sending my new permit I should have a new NICS exception paper. I think EC is 1-2 weeks past the time frame they said it'd take to send my new permit. Probably due to the budget issues |
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Not from NY/NJ (but I did live in Eatontown for a little while) but let me chime in. my buddy has same name and DOB is just slightly different than some shit-bag in FL who has a couple felonies. He always gets delayed until they figure out that he isn't him. It could just be you, Joe Smith... |
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Just got a NICS delay (again) but this time it was at the Rochester gunshow this afternoon. Problem is the guy lives in Binghampton, and I live in Buffalo. So now what? He said he cant mail it directly to my house. So does that mean I have to have him send it to my local FFL dealer, and then the whole fucking NICS process has to be done all over again, a second time, for the same firearm? I cant for the life of me figure out why the hell I get delayed so many times? You would think if you got delayed one time, the NICS report would clear whatever reason it was after they checked it out. Instead, they have to go through all that extra work everytime. Damnit. |
| I got delayed at the rochester gunshow today as well. Luckily the guy offering stag lowers is about 15 mins from henrietta so he said he'd gimme a call on wednesday. This is my second delay and it's kind of annoying, almost like your credit card getting declined. I coulda swore a few looks came my way when he said i was delayed, i'm reserve side usmc with a secret clrearance if that means anything... |
This may help you guys that get the delayed responses. From the February 2005 FFL Newsletter
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Contacted the FBI. They will send out an appeals form and fingerprint cards. After I send them back, they will give me a special ID number to be called in by the FFL dealer whenever I am subjected to a NICS check. If anyones interested I will post all the results here. |