NICS Background Check "Delay"

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saddlebum

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some times the system is just down or glitching, btw i have an sda,been through cleet and work for the state and have never been delayed.

Also fal guy never said he would deny on a whim ,he said a dealer could.as in there is no law that force a dealer to transfer to anyone. he made it very clear that he proceeds after 3 days if they don't hear from nics. some of you are always looking for offense where there was none
 

XPerties

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That you were buying with the intention of turning the firearm over to someone else.

Umm, If it was for my wife then yes but from my understanding married couples are held as one person.

Just wonderin' how many of you guys that get delayed exercise the option not to put your SSN on the 4173?

I put my SS on the app. I asked for a number to find out why the delay and got in contact with a very helpful guy who told me it was due to all the recent security clearance I had redone when I moved to OK and the fact my name was extremely common.
 

WTJ

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It is a .gov system. Odds are it functions like most other .gov operations. I do not understand how anyone relates .gov security clearances to 'slowing' down the system? If anything, it should make it move faster. I don't think, in most cases, clearances held appear in a NICS check. Other reports possibly, but do LEO's get a list of your clearances during traffic stops?

Security clearances are usually just that, secured. And they usually only matter to the clearing agency.
 

SMS

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Not really. I've been told this by multiple gun dealers. I'll ask my ATF buddy in the next week or so.

Gun dealers and 'some guy on the phone' don't constitute evidence of a systemic connection between an other government agency issued security clearances and the FBI-maintained NCIC. I have never seen anything from anyone or any agency that showed that link. Having a security clearance is in no way related to having a criminal record...there is no logical connection.

It's always: "Well, this dude told me" or "Well, I've got three DUI's and a couple busts for possession and an assault charge. Oh, and I had an entrance Secret security clearance 10 years ago, so yeah it must be the clearance that caused my delay."

I'd be happy to be proved wrong but we need something concrete.

Here's what the NCIC database includes:

Categories of individuals covered by the system:


A. Wanted Persons:
1. Individuals for whom Federal warrants are outstanding.
2. Individuals who have committed or have been identified with an
offense which is classified as a felony or serious misdemeanor under
the existing penal statutes of the jurisdiction originating the entry
and for whom a felony or misdemeanor warrant has been issued with
respect to the offense which was the basis of the entry. Probation and
parole violators meeting the foregoing criteria.
3. A "Temporary Felony Want" may be entered when a law enforcement
agency has need to take prompt action to establish a "want" entry
for the apprehension of a person who has committed or the officer has
reasonable grounds to believe has committed, a felony and who may seek
refuge by fleeing across jurisdictional boundaries and circumstances
preclude the immediate procurement of a felony warrant. A "Temporary
Felony Want" shall be specifically identified as such and subject to
verification and support by a proper warrant within 48 hours following
the entry of a temporary want. The agency originating the "Temporary
Felony Want" shall be responsible for subsequent verification or re-
entry of a permanent want.
4. Juveniles who have been adjudicated delinquent and who have escaped
or absconded from custody, even though no arrest warrants were issued.
Juveniles who have been charged with the commission of a delinquent
act that would be a crime if committed by an adult, and who have fled
from the state where the act was committed.
5. Individuals who have committed or have been identified with an
offense committed in a foreign country, which would be a felony if
committed in the United States, and for whom a warrant of arrest is
outstanding and for which act an extradition treaty exists between the
United States and that country.
6. Individuals who have committed or have been identified with an
offense committed in Canada and for whom a Canada-Wide Warrant has
been issued which meets the requirements of the Canada-U.S.
Extradition Treaty, 18 U.S.C. 3184.

B. Individuals who have been charged with serious and/or significant
offenses:

1. Individuals who have been fingerprinted and whose criminal history
record information has been obtained.
2. Violent Felons: Persons with three or more convictions for a
violent felony or serious drug offense as defined by 18 U.S.C.
Sec. 924(e).

C. Missing Persons:
1. A person of any age who is missing and who is
under proven physical/mental disability or is senile, thereby
subjecting that person or others to personal and immediate danger.
2. A person of any age who is missing under circumstances indicating
that the disappearance was not voluntary.
3. A person of any age who is missing under circumstances indicating
that that person's physical safety may be in danger.
4. A person of any age who is missing after a catastrophe.
5. A person who is missing and declared unemancipated as defined by
the laws of the person's state of residence and does not meet any of
the entry criteria set forth in 1-4 above.

D. Individuals designated by the U.S. Secret Service as posing a
potential danger to the President and/or other authorized protectees.


E. Members of Violent Criminal Gangs: Individuals about whom
investigation has developed sufficient information to establish
membership in a particular violent criminal gang by either:
1. Self admission at the time of arrest or incarceration, or
2. Any two of the following criteria:
a. Identified as a gang member by a reliable informant;
b. Identified as a gang member by an informant whose information has
been corroborated;
c. Frequents a gang's area, associates with known members, and/or
affects gang dress, tattoos, or hand signals;
d. Has been arrested multiple times with known gang members for
offenses consistent with gang activity; or
e. Self admission (other than at the time of arrest or incarceration).

F. Members of Terrorist Organizations: Individuals about whom
investigations has developed sufficient information to establish
membership in a particular terrorist organization using the same
criteria listed above in paragraph E, items 1 and 2 a-e, as they apply
to members of terrorist organizations rather than members of violent
criminal gangs.

G. Unidentified Persons: 1. Any unidentified deceased person. 2. Any
person who is living and unable to ascertain the person's identity
(e.g., infant, amnesia victim). 3. Any unidentified catastrophe
victim. 4. Body parts when a body has been dismembered.
 
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SMS

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I'll ask my ATF friend who just happens to be an actual Special Agent and not just "some guy on the phone," but really who cares?

Not demeaning your ATF friend, but everyone who is an 'agent' in LEO status in the ATF is a "special agent". Depending on his position in the agency, it is the equivalent of asking an Army Private First Class how the Pentagon works.

Who cares? Nobody really but folks keep bringing up the myth in question so it would be fun to see where it goes and try to put it to bed....you've flung less relevant monkey poo, run with it.
 
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