NICS Failure = Denied

[steve4102]

This came up over at THR and I thought I would ask a similar question here.

When an FFL runs the NICS background check, what is reported back to the FFL? Denied, Approved, Delay, seems the logical reply, but do they include details like "Felony", Domestic Violence, or anything to indicate to the FFL the reason for a Denial?

If the report comes back denied, what is the FFL required to do besides not transfer the firearm? Is the FFL required to call law enforcement or is his/her job to just deny the transfer and be done?

 

[Tom Servo]

When an FFL runs the NICS background check, what is reported back to the FFL? Denied, Approved, Delay, seems the logical reply, but do they include details like "Felony", Domestic Violence, or anything to indicate to the FFL the reason for a Denial?

No. That's privileged personal information. All the FFL gets is "denied."

If the report comes back denied, what is the FFL required to do besides not transfer the firearm? Is the FFL required to call law enforcement or is his/her job to just deny the transfer and be done?

The dealer isn't generally required to do anything besides denying the sale. In some cases, the FBI will request the address of the buyer, but that's about it.

Is there a particular context for these questions, or is it just curiosity about the process?

 

[steve4102]

Is there a particular context for these questions, or is it just curiosity about the process?

Just curiosity.

This is what sparked my curiosity.

http://www.thehighroad.org/showthread.php?t=759349

The Guy at Gander supposedly said he should call the police.

 

[Tom Servo]

That clerk needs some retraining.

If there's a need for further intervention by law enforcement, the appropriate authorities will be notified by the NICS center. The dealer isn't law enforcement, and he isn't part of that process.

I suppose the clerk could call the local sheriff and report...something. He'd be wasting everyone's time, though.

Dealers are free, of course, to call if they suspect actual criminal activity. Absent any indicators beyond a denial, I don't see why they would, though.

 

[44 AMP]

When asked about why there were so few prosecutions of people who, illegally, tried to buy a gun, our own Vice President Biden said "we don't have time for that.."

The "loophole" is the fact that by complying with ALL Federal and state laws, you can legally buy a gun. That is what they (anti gun fanatics) are really complaining about. All the rest is smoke and mirrors...

 

[carguychris]

This is what sparked my curiosity.

http://www.thehighroad.org/showthread.php?t=759349

From the linked thread...

The guy behind the counter comes back and says, "Legally, I can't sell you the gun. And, I should be calling the cops right now. But if you just walk away, and leave, there's nothing I can do."

Assuming this is truly what happened- which we can only assume- I surmise that the clerk was trying to avoid a confrontation with the buyer by implying that police would be called if he did not leave quietly.

I don't think it had anything to do with what the NICS operator said.

 

[jasmith85]

I worked in Walmart's sporting goods department 7 or so years ago and our NICS terminal would never come back as denied. It would either come back as approved or pending. If it was approved we could go ahead and sell the gun and if it came back as pending we had to wait for a call. The majority of the time the person that called would say that it was approved and they were just having system issues and it took a while to approve but that wasn't always the case. Sometimes they would call and tell us it was denied and ask for the customer's address and that would be it but that was fairly rare. There was also one time that the caller requested that I tell the customer that it would take a little longer and to walk around the store while they wait. She then told me that this was to distract him while they had time to send an officer to the store. I've always wondered what the guy had done to deserve that.

 

[carguychris]

She then told me that this was to distract [the customer] while they had time to send an officer to the store.

This begs the question: did an officer actually show up in time to bust the guy?

I don't find Wal-Mart to be a very pleasant place to hang around and wait, NICS check or no.

 

[Tom Servo]

There was also one time that the caller requested that I tell the customer that it would take a little longer and to walk around the store while they wait. She then told me that this was to distract [the customer] while they had time to send an officer to the store.

I don't know what authority a NICS operator would have to ask that of the clerk. The only responsibility of the business is calling in the check, and the only responsibility of the operator is to provide the response.