Redoing background check in buying from multiple places

CoffeeShooter Well background check started on 28th. Called today and they say it’s not in. What could delay be?
FBI NICS has not finished its research.




CoffeeShooter Ok he said its 3 day delay at gun store. This was on 28th and now it’s the 6th and he said it’s not yet in as of this morning. What gives? I’m in state of Texas if that helps
FBI NICS still hasn't finished its research.





CoffeeShooter They. Can legally just sell it to me after 3 days but are saying not until they get a call. Why are they doing this?
The Brady law allows them to transfer after the delay, but does not require them to do so.



FrankenMauser Assuming it's a small gun shop:
Some FFLs don't want to be caught with their pants down if they let you walk with the firearm after three days, but you shouldn't have actually been approved.
Size of the shop has nothing to do with anything.
And there's no "getting caught with your pants down" as no law is being violated if they hand the gun to the buyer. If the transaction comes back denied days or weeks after the firearm has been transferred the dealer just tells the FBI when they call......and its now the FBI/ATF's responsibility.




Some don't believe in the 'automatic' proceed after three days.
...Or he finds you sketchy and questionable.

Whatever the reason, his livelihood is on the line and he doesn't want to risk it.
There's nothing at risk as long as the dealer complied with the requirements of the law.



If it's a big chain store, there may be corporate policies holding things back.
True.



Find the problem. Don't blame the dealer.
The OP will never know exactly why he keeps getting delayed as the FBI will not tell him or anyone else. And he most certainly can blame the dealer as there is nothing but paranoia keeping the dealer from transferring the firearm.




CoffeeShooter How long do you think it could take before they call? What time of day do the people who do the background checks usually call?
They may never call.
Typically I get NICS callbacks 10am-10pm.


turkeestalker There is no set time, nor is there any way to say how long it will take that I'm aware of.
Hate to say it but you're just going to have to hurry up and wait for a response.
There isn't anything that you or the gun shop can do to speed things up.
This.


CoffeeShooter ...... what’s the longest it ev r takes for these things to be complete?
80-90% of my delays never get a callback. I've had callbacks two week or more after the delay expired and the buyer already had the gun.
 
Size of the shop has nothing to do with anything.
And there's no "getting caught with your pants down" as no law is being violated if they hand the gun to the buyer. If the transaction comes back denied days or weeks after the firearm has been transferred the dealer just tells the FBI when they call......and its now the FBI/ATF's responsibility.
(...)
There's nothing at risk as long as the dealer complied with the requirements of the law.
Two words: Civil suit.

The OP will never know exactly why he keeps getting delayed as the FBI will not tell him or anyone else. And he most certainly can blame the dealer as there is nothing but paranoia keeping the dealer from transferring the firearm.
If the delay turns into a denial, he can find out why during the appeal.
And if, as you say, "he keeps getting delayed" ... then it is his own fault.
That is what a UPIN is for.
 
Aside from civil liability, there is PR liability. If you make most of your money selling things that aren’t guns, you don’t want to make the news for “not waiting for the background check” even if it is perfectly legal not to wait. And you will make the news if that happens because Bloomberg is paying professional PR firms millions to attack RKBA and just like any other business, they have to convince the boss he is getting his money’s worth.
 
You said they may never call back dogtown Tom? How do I get my guns if NICS won’t call the gun store and gunstore won’t sell without a call?
 
FrankenMauser
Quote:
Size of the shop has nothing to do with anything.
And there's no "getting caught with your pants down" as no law is being violated if they hand the gun to the buyer. If the transaction comes back denied days or weeks after the firearm has been transferred the dealer just tells the FBI when they call......and its now the FBI/ATF's responsibility.
(...)
There's nothing at risk as long as the dealer complied with the requirements of the law.

Two words: Civil suit.
You can be sued for anything. Which is why it is a good business decision to have insurance. If a gun dealer is that paranoid about what occurs after he has legally transferred a firearm then maybe he ought not be in business to begin with. Transferring a firearm after the three day delay has expired is no different than transferring with a "proceed".......both comply with the Brady law.

And then there's this:https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act


If the delay turns into a denial, he can find out why during the appeal.
HE HAS NOT BEEN DENIED HAS HE? Until he gets a denial you're just rambling.

And if, as you say, "he keeps getting delayed" ... then it is his own fault.
That is what a UPIN is for.
Good grief. You seem to believe that delays are the result of an action by the buyer, that something they did in the past is causing the delay.........that's not at all correct.

Getting a UPIN does not solve all delays or denials.
 
CoffeeShooter You said they may never call back dogtown Tom? How do I get my guns if NICS won’t call the gun store and gunstore won’t sell without a call?
You don't.
Take your business to a different store and before you hand over any $$$ or fill out the 4473 ask about their NICS delay policy.
 
Yeah I lucked out and haven’t paid yet. In a way this delay is a blessing cause i both did more research and found out in getting a little extra on tax return so getting a Glock 17 instead of a TP9SA
 
I have gotten a delay response on every single gun purchase I have made. I've come to expect it. What I've learned is that there are some gun dealers that proceed after the three day delay, and there are some that won't.

Academy Sports is one that won't. I went to one of their local stores during their Christmas sale two Christmases ago and was going to buy a Bersa Thunder and an SD9VE. As usual, I got delayed. After three weeks of calling the store to check on the approval, I was finally informed that Academy will not sell a gun without a firm proceed. Needless to say, I was pissed--not because they have this policy, but because no one bothered to mention it until after I had waited three weeks! I ended up buying the Bersa Thunder somewhere else and ended up getting an M&P 2.0 instead of the SD9VE from the same dealer when they first came out.

Coffee, because getting delayed is a very real possibility when buying guns, I suggest you find dealers to do business with that are willing to transfer guns after the three day waiting period. Otherwise, you could end up waiting for weeks, or months even, for a proceed that never comes. Going through the UPIN process can help, but getting one does not guarantee that you will not be delayed. Neither will getting a gun permit, depending on the state you live in. Welcome to the wonderful world of government inefficiency when it comes to buying guns!
 
SOSD

Since you've had a lot of experience with this I have a few questions, I'll understand if you don't want to answer them.

#1 what is your race? (Sorry, hate to bring it up Im just curious if minorities are being tagged with delays more)
#2 do you provide your SSN?
#3 Have you ever found the reason for any of the delays? is it always the same reason.
 
#1-Hispanic, but I doubt that has anything to do with it. My son has never been delayed.

#2-Yes, but it has never helped.

#3-No, I haven't found out why but that's because I've never gotten a deny status, just always delay. It's possible that my arrest record from when I was young and dumb plays a role in it, but none of that resulted in a felony conviction. I passed background checks to become an insurance agent years ago, and more recently for truck driving related checks including Hazmat and TWIC card.
 
Hmm, I bet your right.. It seems like providing your SSN should eliminate any identity problems so it must be them going over your past.

I wonder if they can put some sort annotation so they don't have to fine toothing your record every time, but I suppose this would require some sort of record keeping and far as I know they're not suppose to.. suppose to be read-only checks I think.

Even so it seems like they should be able to give a proceed rather quickly I would think.. 3 weeks is ridiculous by any standard.
 
SonOfScubaDiver #1-Hispanic, but I doubt that has anything to do with it. My son has never been delayed.
"Hispanic" is an ethnicity, not a race.
Question 10a asks ethnicity.
Question 10b asks for race.
 
Delayed one background check at one store and passed at another!

Well 8 days ago one store I was delayed which is a blessing cause I changed mind about what firearm I wanted. Today I went to another while still on delay and I passed and was able to buy a Glock 19. Any reason for this or is all random?
 
Posting to an old thread I know, but if you are in a state where long guns and handguns take different paths for the check (& the state does the handgun check) you might have better luck getting down to the bottom of reasons for delay by buying a handgun, observing the delay, and approaching the state agency. Or you might find the state agency does not produce the delay.

It obviously depends a lot on your state. Some states may be a worse black hole than the feds, however others are forced to be accountable and can be questioned directly.
 
Get a Concealed Handgun License and as long as it is NICS-compliant, you don't have to go through the background check.


Oh really, I have one and have to wait every time. Never use to but the game is even more rigged now. All design to make it more difficult and inconvenient.
A system thrown together under staffed and probably incompetent to boot.


It took my city a month to issue me my permit, after 2 separate approved courses that can only be taken if they are on their approve list. Then you go into the police dept. and fill out a half a books worth of paper work and then pay the fee and wait while they contact every nut-house in the State to see if you where ever a member, this is only good for 4 years, I go again this year and do the same [thing] all over again.

And the permit has to be sign by the Chief of police.
When I got it 4 years ago I had just gotten a parking ticket and called the officer on it at the police dept. When he asked me if I wanted to speak with his supervisor, it hit me like a ton of bricks, I simply smiled and said, "o-know officer I was just wondering why you sited me, where do I pay"


I even lie on my yearly gun club application to say I am a member of the NRA.
 
Last edited by a moderator:
Johny Smith
Quote:
Originally Posted by Bartholomew Roberts View Post
Get a Concealed Handgun License and as long as it is NICS-compliant, you don't have to go through the background check.
Oh really, I have one and have to wait every time.
Yes, REALLY.
At least 50% of my transfers are to holders of a Texas CHL/LTC, which serves as an exemption to the Brady law.

Since you didn't bother to list your state in your profile, I'll bet your permit DOES NOT meet the requirements to serve as an exemption. That's why you get the wait.


Never use to but the game is even more rigged now. All design to make it more difficult and inconvenient.
A system thrown together under staffed and probably incompetent to boot.
Uh, what?
While "the game" may be inconvenient, it's not rigged and its not difficult. And I doubt you have any inkling as to whether staffing is incompetent or anything else.


It took my city a month to issue me my permit, after 2 separate approved courses that can only be taken if they are on their approve list. Then you go into the police dept. and fill out a half a books worth of paper work and then pay the fee and wait while they contact every nut-house in the State to see if you where ever a member, this is only good for 4 years, I go again this year and do the same [thing] all over again.
And the permit has to be sign by the Chief of police.
Move to a state where they respect your rights. Typically states where they have that much regulation don't have a firearm permit that the ATF recognizes as exempt from the Brady law.




When I got it 4 years ago I had just gotten a parking ticket and called the officer on it at the police dept. When he asked me if I wanted to speak with his supervisor, it hit me like a ton of bricks, I simply smiled and said, "o-know officer I was just wondering why you sited me, where do I pay"
Cool story.:rolleyes:




I even lie on my yearly gun club application to say I am a member of the NRA.
Your parents must be proud.
 
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