Ohio Background Check

ScotZ

Inactive
11/18/06 was the first time I have tried to buy a gun at a gun show. I found a Sig 229 that I loved and told the guy to "wrap it up". He said I had to fill out some paperwork. I did. I was told I would have to wait 3 days and they did not know the reason. I am 47 years old and my only criminal act was a reckless operation of a vehicle the day my father died.

1) What are some reasons I was asked to wait 3 days?

2) I was not asked for a deposit. I was just told they would call me after three days.

3) Is that gun held for me without a deposit?

I realize I should have ask these questions when I was there but I was simply flabergasted. The guys told me they would be at a show really close to my house next weekend and we could do the transaction then If I passed the check.

The long and short is. Is this normal? or has something extordinary come up on my record that I should be concerned about. I belive I have nothing to hide.


Thanks for your time and effort
Scot
 
It most likely doesn't mean you've been denied; it means there was no response from NICS.

This happens more frequently than you might think, Scot, and most times it'll have nothing to do with you. The NICS system might be down or running slow, the fed doing the checks might be out to lunch, the list goes on. Heck, I know veteran LEO's that've been delayed. Sometimes the delay is based on a partial name or SS# match with someone that does have a record, and a deeper check is required.

He said I had to fill out some paperwork. I did. I was told I would have to wait 3 days and they did not know the reason.
I notice you didn't mention the NICS check. Did the seller make a phone call or query NICS via computer after you filled out the form?

At any rate, if the dealer doesn't receive a reply from NICS within 3 days, he's free to sell the gun to you anyhow.
 
Thanks Capt Charlie. They did make a phone call. Im not sure who was on the other line. I feel a little better now.

hksigwalther: It was at the Dayton show. It was way to crowded for my liking. Probably never do it again. I will stick with the friends of friends type sales.
 
Located at the FBI's Criminal Justice Information Services (CJIS) Division in Clarksburg, West Virginia, the NICS Section processes background checks for the FFLs in those states that have declined to serve as POCs for the NICS. The FFLs conducting business in these states will contact the NICS either by telephone, via one of two contracted call centers, or electronically by the NICS E-Check System via the Internet. When contacting the NICS by telephone, the FFL will provide the prospective After contacting the NICS, via two contracted call centers, either by telephone or electronically by the NICS E-Check System via the Internet, FFLs will provide the descriptive information provided on the ATF Form 4473, which is required by law to be completed and signed by every prospective firearm transferee. The prospective firearm transferee's descriptive information is required descriptive , the FFL will receive a response that the transfer may proceed or is delayed. This response is typically provided within 30 seconds.

If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee's descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by an FBI NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) reviews the information if state and federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on the ATF Form 4473 and retain the form for auditing purposes.

If it is determined that prohibitive criteria exists, the FBI NICS Examiner will advise the FFL to DENY the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the call is concluded. The FFL must record the NTN on the ATF Form 4473 and retain the form for auditing purposes.

When a transaction is DELAYED, the FBI NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the FBI NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.

On the third business day of a DELAYED transaction, the NICS Examiner is required to call the FFL and advise him/her of their rights under the Brady Act to transfer the firearm after the third business day. If the delayed transaction cannot be resolved within the allowed three business days, it is at the discretion of the FFL whether to allow the firearm transfer. However, the NICS Section continues to research the case in an effort to obtain complete disposition information. Business days do not include the day the check was initiated Saturdays, Sundays, and any day state offices in the state of purchase are closed.


POC States
In states that agree to serve as POCs for the NICS, the functions performed by the NICS Section are performed by a local or state law enforcement agency which services the FFLs. The FFLs call these local or state agencies, which perform the check, make the decision whether the check indicates an individual is disqualified or not from possessing firearm, and notify the FFL of the results of the results of the check.

NICS Background Checks
The FFLs have the following three methods of performing background checks depending upon the state in which the FFL is conducting business:

1. In states where the state government has agreed to serve as the POC for the system, the FFLs contact the NICS through the state POC for all firearm transfers. The state POC conducts the NICS check and determines whether or not the transfer would violate state or federal law.

2. In states where the state government has declined to serve as a POC, the FFLs initiate a NICS background check by contacting the NICS Section for all firearm transfers. The FBI conducts the NICS check and determines whether or not the transfer would violate state or federal law.

3. Finally, in states where the state government has agreed to serve as a POC for handgun purchases but not for long gun purchases, the FFLs contact the NICS through the designated state POC for handgun transfers and the NICS Section for long gun transfers.

Each state decides whether the FFLs in its state call a state POC or the FBI to initiate firearm background checks.

http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm
 
Thanks for all the great information. I guess I am old and need to change with the times, but I dont have to like it:)
 
Found out I was "approved" Wednesday. I picked up my new Sig 229 40cal. today.

Scot is doing the new gun "happy dance":D Still dont know why there was a delay. Just glad I have other guns if I had actually needed one that day.
 
No waiting period

There is no waiting period in Ohio that I know of , not at least state wide. One time I was at that show and the whole call in system was screwed up, so everyone had to wait a long time to get their purchases. Every other time I have bought at the show, it has gone thru OK. Just walked away and window shopped the other tables for a little while, and when I got back it was ready to go. Too crowded? At all of these shows I have been to, the best time to beat crowds is to go on Sunday morning fairly early. If you get there before maybe 10 or so, there will be plenty of room to walk around in my experience. Don't expect all the table dealers to be there right at 9 on Sunday morning though. Sat mornings are no good. You might end up in a line outside at opening. I go a few hours later and try to catch someone leaving to get their space.
 
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