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-   -   Another delayed background check - help! (http://www.firearmstalk.com/forums/f17/another-delayed-background-check-help-46742/)

JeffCooper 08-13-2011 12:04 AM

Another delayed background check - help!
 
I have a similar issue. I'll try to keep this short, but I have some questions for the experts - especially if they are in Florida.

So after a long dry spell (ex-wife hated guns), I bought a Sig P250 from a local shop (I've got a new wife). :-) I did the 3-day cooling off period while they ordered the big .45, and when it arrived I went in, filled out the form for a background check, and 10 mins later I was on my way to the range to sling some lead down-range. Painless.

I liked the P250 for home defense, so three weeks (8/2) later I found a 9mm 2sum on-line and bought that for my boat. I had the seller ship the weapon to the local range (FFL) - arrives 8/5. My pal got the same deal and it all arrived in the same box. Pal and I went on 8/5 and filled out the forms. 10 mins on the phone and my pal is done. They take my form and call and 30 minutes later, he came over and said "Conditional No". I have no idea what that means.

Me:
No record
Navy Vet
I don't beat my wife (even the first one)
I'm not a druggie
I drink a normal amount of beer

So I call the range and talk to my contact there every day. It's been 7 days since the weapon arrived at the FFL and the background check began. It's been 10 days since I paid for the weapon, so my 3-day cooling off period was over before the gun arrived.

Questions:
* What does "conditional no" mean? I went on-line and pulled my records myself. The ONLY thing that was odd is that it didn't show the town of my birth. I'm thinking this is the issue - what do you think?

* I'd read here that after a while, the delay is tooooo long, and I'll get my gun regardless. What defines "tooooo long"?? As mentioned, it's been 7 days since I filled out the form and initiated the check. I'm getting pretty anxious.

* How do I find out what the hold-up is, and how can I make sure it doesn't happen again?

Finally, in Florida, I'm told that if I have a copy of my DD214 I can get my CWP without a lot of pre-reqs (safety class, which I'll take anyway). I basically walk-in and pay the fee (and probably another background check). Is that true? Would that have helped here?

I appreciate the help folks!!
Great site by the way!

JonM 08-13-2011 12:08 AM

if you have a really common name this happens when you dont provide a SS number for easy identity. it could also mean identity theft and the person who tole your id did something naughty.

basically the atf person typed your name in and got a bad answer could be they mistyped as well

danf_fl 08-13-2011 12:18 AM

As jon says.

And I would appeal the decision. The FFL has the number of the background transaction. You need that, a copy of the 4473, other docs. Contact the FDLE here:

850-410-8109
e-mail: backgrounds@fdle.state.fl.us

They can provide you with more info.

I have had "Approved", or "Delayed". A "Condition No" is still "No".

Now on the CWP. Your DD FM 214 is proof that you went through firearms training. You still need photos, fingerprints, completed application, and check or Money Order.

canebrake 08-13-2011 12:25 AM

When you get a chance drop over to the Introductions section and tell us a little about yourself.

Going for your Florida CCW is no short cut to get your 9mm. Process time for the license is 90 days. And even with the CCW you still need to pass the FBI's NICS.

There are some shortcuts to reduce the three month window but it only cuts about 1/3 the time off the process.

Are you including your SS# on the form 4473? This will speed up the approval and avoid any false hits on your name alone.

JeffCooper 08-13-2011 01:27 AM

Intro - done! I'm glad to be here among friends.

What I don't get is how I could pass in 2 mins, then get a "conditional no" a few weeks later. I'd never heard of conditional no before either, and I will appeal for sure, and I tend to agree that "no means no". Is there an "Unconditional No"??

The FFL at the range says not to worry. He says that there is a period of time "about a week" where he can release the weapon to me. That didn't sound right. Whats up with that?

All good points about ID theft and that. I'll start the process of checking my bureaus and stuff to make sure.

PS - I asked about CWP to validate things I'd been told. I don't one as I doubt I'll conceal. They either go in the safe or in my bag to the range and back. Nobody wants to roll me. :-)

JeffCooper 08-18-2011 01:19 PM

My FFL called last night and my Sig has been released. No reason for the conditional no given (yet)... thanks for the comments and details around the process. Now I've got 2.5 sig sauers

Troy Michalik 08-18-2011 01:51 PM

I'm an FFL and I've never heard of a "Conditional No". The three responses from the ATF / NICS operator are "Proceed", "Delayed" and "Denied".

The only way that they can release the firearm to you after "a period of time" is if they received a delayed response. If a delayed response is received from the NICS operator that means that the ATF has found something questionable or needs further review.

I have received a few delayed responses while doing transfers for folks. I have called back 20-30 minutes later to check on it and been told to proceed with the transfer. I've called back two days later and been told it was still delayed. And I've had instances where I didn't ever heard anything back from them, in which case, if the ATF doesn't get back to the FFL with a resolution within three business days the FFL is clear to release the firearm. Which sounds like what happened in your case.

If you want to find out what the delay was you will have to contact the ATF (or FBI which is who really runs the check, if your state doesn't do it) and request the info. That information is never given to the FFL.

Glad it all worked out for you.

JeffCooper 08-19-2011 02:46 PM

I just don't get it. I have my case number and all that and I do intend to follow up just because I might want to buy another firearm someday. The FFL basically said he vouched for me and "conditionally released" the sig to me after two weeks. The FFL told me if they found something, they reserved the right to come to my house and pick it up.

Seems very odd. I shoot at the range often and the whole staff was aware of this issue. I'd sure like to know what the hell this was all about.

In the mean time, I'll be down at the range this weekend popping off some 9mm

JeffCooper 08-26-2011 04:36 AM

Sheesh. I called the FDLE (Florida Dept. Law Enforcement) yesterday and they said they hadn't heard anything from some other state and to call back in two weeks. It's been almost 4 weeks. Granted, I've got my 2sum, but now I'm itchy for an Ar-15. The gal on the phone told me I should wait so as to not confuse the system. What the...???


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