stevelyn ...Everytime I go through a dealer to buy a gun, there is a NICS delay where they have to go an find a "higher level examiner" to access my records. Why is that?
ScottRiqui ..Or have I just gotten lucky that there's always been a "higher level examiner" within arm's reach when I've bought guns?
....I don't understand how the NICS checks work or all the criteria or circumstances
Scott, you are in Virginia.......your dealers do not contact the FBI NICS for background checks but a state "point of contact"...their procedures and methods may be entirely different.
When a dealer contacts FBI NICS, the initial call is answered by a Customer Service Representative at a NICS Call Center.
The CSR will ask for the dealers FFL# and then ask for the following information from the Form 4473:
Buyer Last name
First name
Middle name
Cadence (Jr, Sr, III or anything after the last name)
Place of Birth
Height
Weight
Gender
Birthdate
Social Security Number (optional)
Race
State of Residence
Country of citizenship
Type of firearm
The CSR will then review the results of the background check
Then they will give the dealer the NICS Transaction Number (NTN), followed by either:
"This transaction may Proceed" (and then they ask the dealer to confirm the status as a "proceed") The call is over, the dealer hands the gun to the customer.
or
"This transaction requires further review by a NICS Examiner" (and they will again ask the dealer to confirm "further review")
The CSR will then transfer the call to a NICS Examiner who is an FBI Legal Documents Examiner, and will compare data that resulted in multiple persons on the check or review records that may prohibit this sale. If the buyer was not a US citizen the NICS Examiner will contact INS to verify immigration status.
The NICS Examiner will often place the dealer on hold for a minute or two and then return with:
-"This transaction (giving the NTN #) is a Proceed". The dealer can then give the gun to the customer.
OR
-"This transaction is Delayed while NICS conducts additional research. The Brady Law does not prohibit the transfer of this firearm on (gives date that is three business days beginning the next business day)." Often NICS will never contact the dealer to issue a staus change from Delayed to Proceed. It is possible for NICS to Deny a transaction AFTER the three day delay has expired, the dealer then records this onto the Form 4473.
OR
-"This transaction (giving the NTN #) is Denied". The dealer should then give the buyer the NTN # and a NICS Appeal brochure.
FBI NICS will not tell the dealer why the customer was delayed or denied, nor will they tell the customer over the phone. The customer can contact FBI NICS via email, fax or in writing to find out the reason for the denial....they have five days to respond with the reason, usually it is prohibiting factors in the persons records OR there are multiple people with the same or similiar names....and one of them is a prohibited person.
If the buyer chooses to appeal the NICS Denial, they would submit fingerprints and any documentation to the FBI. NICS appeals currently take 120-150 days from the date you submit your appeals documents.