NICS Background Check "Delay"

[Nighthawk]

If I remember correctly it goes through the OSBI. It could be a number of reasons why it did not go through. Sometimes if you are in the armed forces and you have high clearence, that sometimes triggers it, if you have a name that others share, and you did not put down your SS#, not paying your taxes, high number of tickets, getting into trouble when you were young. They are right, the FFL after 3 days has a choice to transfer the weapon or not, some stores will not. With all the transfers I have done, only one time NICs said denied, and said along with that, do not transfer a weapon to this individual, and then asked if he was still there now? They are also right, if you have this happen several times, apply for a VAP number, then it will go right through.

 

[tyromeo55]

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

The dealer has the right to refuse to sell the firearm any time he/she wishes no matter what response is received from NICS. If a buyer comes to me and asks to buy a firearm, I call it in and get a proceed then get a whim to tell him to pound dirt that is my right. Not very good business practice though

 

[ez bake]

If I remember correctly it goes through the OSBI. It could be a number of reasons why it did not go through. Sometimes if you are in the armed forces and you have high clearence, that sometimes triggers it, if you have a name that others share, and you did not put down your SS#, not paying your taxes, high number of tickets, getting into trouble when you were young. They are right, the FFL after 3 days has a choice to transfer the weapon or not, some stores will not. With all the transfers I have done, only one time NICs said denied, and said along with that, do not transfer a weapon to this individual, and then asked if he was still there now? They are also right, if you have this happen several times, apply for a VAP number, then it will go right through.

I didn't think NICS (National Instant Criminal Background Check System) had anything to do with OSBI.

 

[kinggabby]

I didn't think NICS (National Instant Criminal Background Check System) had anything to do with OSBI.

It's not...National Instant Criminal Background Check System is FBI
http://www.fbi.gov/about-us/cjis/nics/nics

 

[FAL guy]

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.

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).

Right, I understand fully. I was commenting in response to your post that said:

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

As a dealer I dont have to transfer the gun. I can if I choose to, but if I don't the only reason I have to have for not doing it is I don't care to. My undertanding is Academy does not transfer after an initial "delay" without a "proceed" phone call.

 

[Nighthawk]

I didn't think NICS (National Instant Criminal Background Check System) had anything to do with OSBI.

It could be that you go through the OSBI to get the VAP number, Sorry, sometimes they all run together. I have not had to ever get a VAP number, but a couple of my customers have, and they could have gotten it from the FBI. I just remember someone telling me that the OSBI had something to do with it. NICS is located at the FBI's Criminal Justice Information Services Division in Clarksburg, West Virginia. Thank you, baked for catching that.

 

[Bhop]

ive bought four or five this year filed the paper work no problems i take my own sks to pawn for a month or two file 1044 to get it out and got delayed, waited a few days and they said come get it they just called us back. frustrating but o well got my gun back.

 

[Clampett]

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

No...but the majority of the people in the US stand behind what they are for. But what's your point? How did you take this as a political thread?

 

[264Magnum]

No...but the majority of the people in the US stand behind what they are for. But what's your point? How did you take this as a political thread?

Jesus Christ dude, you are looking into this waaay more than you should. I think he was making a joke.

I've gotten 1 delay. That was a couple years ago, and I've never been delayed since. Sometimes it just happens.

 

[Nighthawk]

Jesus Christ dude, you are looking into this waaay more than you should. I think he was making a joke.

I've gotten 1 delay. That was a couple years ago, and I've never been delayed since. Sometimes it just happens.

I think they do random delay's and research a person, I have seen this done with people for no reason, the person does not understand why, because they say they have a clean record. Days or weeks latter, those same people will purchanse another firearm from me and there is no delay.