NICS Background Check "Delay"

[Clampett]

Went to Academy at lunch today, thinking I would pick up a Ruger LCP (been wanting one). For the first time, the background check came back "Delayed". What gives?

It really pissed me off, and somewhat worried me about stolen identity kind of stuff, but I was polite and didn't make an issue off it.

What is my recourse? I was told it could be days, and that appealing makes things worse, and trying to buy at another store can also cause issues?

Is this crap in the 2nd ammendment?

 

[redmax51]

Happens to me frequently.Has to do with something in your name or ssn that sends a flag up.It will happen almost every time from now on.You can contact the nics folks and request a VAP(iirc) form.You submit this w/fingerprints and they will issue you a PIN.When you fill out a 4473,there is a place for this and it will allow it to go right through.BTW,they have to give you your gun within 3 business days(part of the background check law) or have a good reason why.

 

[SMS]

....waiting for the inevitable urban legend about military/.gov security clearances causing delays. Love that one.

Sorry about your delay clampett, hopefully it's not a identity theft thing and just something related to a similar name.

Definately look into the PIN if this becomes a recurring theme.

 

[ldp4570]

....waiting for the inevitable urban legend about military/.gov security clearances causing delays. Love that one.

Sorry about your delay clampett, hopefully it's not a identity theft thing and just something related to a similar name.

Definately look into the PIN if this becomes a recurring theme.

That only happened when the wall was still up an you wanted to go to Berlin by duty train, air, or drive the Helmstadt autobahn. Depending on your clearance depended on how you could go.

 

[FAL guy]

BTW,they have to give you your gun within 3 business days(part of the background check law) or have a good reason why.

FYI, A dealer isn't required to transfer a firearm after the 3 business day wait if they don't want to. There is no legal requirement for a dealer to transfer you a gun, ever. That being said, our policy is to complete the transfer. If NICS can't decide after 3 days you get your gun. My understanding of Acadamy's policy is different. I've heard they won't transfer until they get a call from NICS with a "proceed".

The UPIN will definitely get you to "proceed" status quicker, with the downside that you now have a computer file where purchases are known and tracked...officially instead of secretly of course.

 

[redmax51]

My understanding of Acadamy's policy is different. I've heard they won't transfer until they get a call from NICS with a "proceed".

That's the law with NICS.The legislature wrote that in.They have to respond within 3 business days or it's an automatic proceed.When you call a 4473 in nics,or the FBI, and they give you a delay, they give you a date for proceed if they don't call(3 business days).

 

[Biggsly]

It really pissed me off, and somewhat worried me

Have you ever called yourself a member of the Tea Party?

 

[Navydoc]

I got delayed once a couple years ago. I purchased 3 or 4 firearms within a couple months and on the last one I got delayed. I haven't had one delayed since, dont let it bother you to much

 

[SMS]

That's the law with NICS.The legislature wrote that in.They have to respond within 3 business days or it's an automatic proceed.When you call a 4473 in nics,or the FBI, and they give you a delay, they give you a date for proceed if they don't call(3 business days).

True, but the dealer still has discretion on whether or not to release the firearm after 3 days right?

 

[druryj]

It happens to a lot of us from time to time, never had more than a day; usually within a few hours to get the "proceed" back on the few times I got a "delay". Who knows? Not worth the PIN route to me...maybe twice in the last 8 or so purchases.