Long story short I went to buy my first pistol this weekend and i was put on delay. The store said it could be because we had a gun show here this weekend so NICS may be backed up. I have a few misdemeanor marijuana charges and the most recent being about 3 years ago. Would this stop me from getting a firearm or is this the cause of the delay? Should I be worried about being denied o heard it is very rare.
First time gun buyer delayed
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A NICS Delay
A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the National Instant Criminal Background Check System (NICS) Contracted Call Center to the FBI Criminal Justice Information Services Division’s NICS Section for a transaction resulting in a delay:
“—NTN— is delayed while the NICS continues its research. If you do not receive a response from us, the Brady Law does not prohibit you from transferring the firearm on ___ day/date ___.”
The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures):
In open transactions, the FFL may record on line 21c of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Form 4473 “delayed” and the date provided on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS Section.
If the FFL has not received a final determination from the NICS after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must check “no resolution was provided within three business days” on line 21d of the ATF Form 4473.
Click on the link to see the calendar
https://www.fbi.gov/services/cjis/nics/a-nics-delay
A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the National Instant Criminal Background Check System (NICS) Contracted Call Center to the FBI Criminal Justice Information Services Division’s NICS Section for a transaction resulting in a delay:
“—NTN— is delayed while the NICS continues its research. If you do not receive a response from us, the Brady Law does not prohibit you from transferring the firearm on ___ day/date ___.”
The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures):
In open transactions, the FFL may record on line 21c of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Form 4473 “delayed” and the date provided on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS Section.
If the FFL has not received a final determination from the NICS after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must check “no resolution was provided within three business days” on line 21d of the ATF Form 4473.
Click on the link to see the calendar
https://www.fbi.gov/services/cjis/nics/a-nics-delay
Seems like they might have an issue with question 11. e.
Obviously people can quit but I'm not honestly sure which "Databases" contribute to the NICS system or how they "flag" stuff....
Obviously people can quit but I'm not honestly sure which "Databases" contribute to the NICS system or how they "flag" stuff....
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I was assuming SC, since the NICS might actually be the first background check. In NC, if you got the CHP or PPP you've basically already "passed" the background check.
Ikarus1
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Just buy from a private seller then. That's the best way to buy in a free state anyhow.
FWIW no marijuana non-felonies prevent you from buying or owning a handgun, AFAIK. It's not a crime of violence, and the question on 11e is voluntary info.
Someone let me know I am wrong about that, because I've never heard of anyone being delayed for prior misdemeanor drug charges.
What about non violent felonies I was charged with but never then they we're later dropped to misdemeanors?
definitely made me curious about Q 11.e
The last thing you sign on the 4473 says, you are prohibited if you answered yes to 11b-11i and if you answered any questions falsely it is a federal felony...
so you fail if you say yes and you are committing a felony if you lie and say no?
@cubrock as an FFL do you get the reason for denial if someone does not pass? will a misdemeanor drug charge show up?
Ikarus1
Avtomat Krishna-kov
charges don't make a prohibition. Convictions do.
BTW whatever you were doing, don't do that anymore. Evidently you're not very good at it
Lol I'm actually just incredibly unlucky. I have lived and learned though.charges don't make a prohibition. Convictions do.
BTW whatever you were doing, don't do that anymore. Evidently you're not very good at it
I know charges don't prohibit me but do you think I may be on an extended delay due to this?charges don't make a prohibition. Convictions do.
BTW whatever you were doing, don't do that anymore. Evidently you're not very good at it
Ikarus1
Avtomat Krishna-kov
no. Charges aren't convictions, period. You must be convicted to be a prohibited person.
You probably A. have the same name as someone who is prohibited or B. the BATFE is a POS government ran tax enforcement agency (formerly Dept of Treasury) who's mere existance is as corrupt and inept as they come in pseudo-law enforcement. They suck. And they like to shoot dogs and kill children (see also Ruby Ridge and Waco)
Delay doesn't mean deny. You'll get the gun in 3 days.
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cubrock
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I've been delayed 3-4 times, which was probably 80% of my pre carry permit purchases. Two went past the deadline.
I have a fairly unique name so that supposed reason seems like a stretch.
It all started around the time I had a misdemeanor charge dismissed, was told that state was very fast to report arrests, very slow to report dispositions.
I have also heard the small pile of background checks by other agencies I have can muddle the record.
I don't think anyone knows why they do it. Isn't the dope question present tense?
I have a fairly unique name so that supposed reason seems like a stretch.
It all started around the time I had a misdemeanor charge dismissed, was told that state was very fast to report arrests, very slow to report dispositions.
I have also heard the small pile of background checks by other agencies I have can muddle the record.
I don't think anyone knows why they do it. Isn't the dope question present tense?
Ikarus1
Avtomat Krishna-kov
my wife who has her CHP and held several PPPs at the same time got delayed because the WalMartian sporting goods drone clicked the wrong box on BG check (requiring a NICS instead of using PPP/CHP) and it was delayed. They went back in and used CHP and the transaction was done right then.
i was not using any drugs while i was filling out this form...LOL
depends on what you think the meaning of “is” is.
When you say past the deadline do you mean the 3 days, 30 days or 88 days?
3. I think, whatever the legal wait is before they can transfer without an approval.
It doesn't apply to me either way so I've paid it little attention.
Qball
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An inactive FFL member here, whom I consider a friend, did a transfer for me for an 8mm Mauser rifle, and when he called it in, he asked me if I had something going on or if I had been recently purchasing a bunch of firearms. I told him "no" and asked why?
He said they were going to do some extended research on me and that they would call him back when I was red-lighted or green-lighted.
It took about a half hour or so and they called back and gave him an all clear to complete the transfer.
It took me a day or so of thinking what could have triggered that delay. I had just taken a one way flight to Detroit Michigan to pick up a new Jeep I bought. I drove it back to NC. One way airline tickets definitely puts you on a radar. That was in October 2016.
So you never know what could trigger something that would cause a delay or extended background check.
He said they were going to do some extended research on me and that they would call him back when I was red-lighted or green-lighted.
It took about a half hour or so and they called back and gave him an all clear to complete the transfer.
It took me a day or so of thinking what could have triggered that delay. I had just taken a one way flight to Detroit Michigan to pick up a new Jeep I bought. I drove it back to NC. One way airline tickets definitely puts you on a radar. That was in October 2016.
So you never know what could trigger something that would cause a delay or extended background check.