Question on NICS Delay/Denial
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Old 02-07-2013, 09:09 PM   #1
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Default Question on NICS Delay/Denial

I bought a few AR lowers the other day from a LGS. Did the background check and got a delay response. This is my first firearm purchase and I know there are tons of NICS checks going on right now so I thought nothing of it. The night before the 3 day max wait ended, I received a call from the LGS that I was denied and could come pick up a paper to file an appeal. However, less than 5 minutes later, they called me back and let me know that the NICS system called them back and gave me a proceed.

Has anyone ever seen this? I am not a prohibited person as I don't fall under any of the deny categories. I was arrested 10+ years ago on what would have been a felony charge (non-violent), which I figured contributed to the delay, but charges were never filed. I have never heard or read about anybody who was denied but then approved minutes later without having to file an appeal. My LGS is closed today so I can't go pick up the lowers or ask them about it, but I wanted to get some opinions if I should talk to a lawyer before picking them up. I assume I should be fine since I did get the proceed, but if anyone has ever seen this before I'd love to hear what happened.

The only thing I can think of is that the FBI didn't get all the info they needed to clear me before the 3 day max delay expired (they called me right before 6pm the last night of the delay) and because of my arrest they decided to deny me instead of letting the delay expire and legally allowing the LGS to give me the firearms. Since they couldn't confirm there were no charges or conviction in the 3 days, this would give them plenty of time to investigate if I were to file an appeal. Then they must have finally received the info that cleared me and they called back.

Well either that or they or my LGS mixed up the name and denial which I find hard to believe, but possible.

So has anyone ever had this happen to them or someone you know? Or any dealers in here that have experienced this? I would love to know that I'm not the only one and to find a reason this happened. I am requesting a FBI identification record to make sure my record is clear, but this will take several weeks/months to receive and they wont give much info over the phone, and the LGS never gets the reason for the deny

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Old 02-07-2013, 09:16 PM   #2
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I would take the paperwork if there is any. Never heard that one before. Although you may have been denied and there may be a surprise waiting for you when you get there.
I have gotten a proceed call shortly after the customer left the store in handcuffs with atf agents. That was entertaining.
Just out of curiosity, it wasn't a Dick's sporting goods store by any chance?

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Old 02-07-2013, 10:00 PM   #3
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Things happen.
You state you had an arrest. That could cause a delay. Should the info not get back in time, the approving agency could deny. I have seen where the approving agency did nothing and the 3rd day came and LGS had to proceed (after a call to confirm).

I have seen delays even when the buyer had a CWP.

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Old 02-07-2013, 11:09 PM   #4
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Thanks for the quick replies.

No it was not Dick's sporting goods. I wont shop there. This was at a local gun store, that manufactures the lowers. I guess I will just go there tomorrow and pick them up. Hopefully no black helicopter or handcuffs.

Does the atf/fbi/local PD really come people up from the shop? On a related side note, a couple years ago I was in the local police fingerprinting bureau getting my work card (out here you need what they call a 'sheriff's card' to handle money in a job) where they fingerprint you and run a background check. This guy kept pacing back and forth and asking the clerk if his card was ready yet. Took about a half hour, then several police cars showed up and came in and took the guy out in cuffs. Anyways I'm picturing that happening tomorrow when I go pick these up (well not really, I've passed multiple background checks in the past few years getting my work cards and for new employment, and got a speeding ticket last year so I know I don't have any warrants)

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Old 02-08-2013, 01:31 AM   #5
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You should have nothing to worry about. If federal agents are waiting at the shop for you, you deserve it and know why. The NICS system has been a mess lately. Weird things happen.

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Old 02-09-2013, 12:56 PM   #6
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You have nothing to worry about. Even though it is a federal offense to attempt to purchase a firearm when not legally eligible to do so, the Vice President has said that we don't have the time to enforce the laws we have which is why we need new ones. Sad commentary on the effectiveness of the NICS process that prosecutions are virtually nil as compared to rejected transfers. You could have been convicted of rape, robbery, and murder and likely wouldn't have any follow up.

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Old 02-10-2013, 04:08 AM   #7
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Just wanted to update...

Picked up my lowers yesterday. Walked in and talked to one of the guys and he went into the back room to grab them. Must've been back there for 20+ minutes so I started to get worried. Finally came out, handed them to me and I was on my way!. One of my lowers had a different serial number than what was written down, so I think it just took him a little time to figure it out or find a new one. They were extremely busy so I didn't get a chance to talk to them about the weirdness, but I'll be back there soon and I'll ask them about it then, just to see if they know anything about it.

In the meantime, I'm going Monday to get my fingerprints done to send to the FBI to get my identification card to see if there is something on there that would explain the delay/deny response, and then next week I'm going to take the CCW class. Luckily I live in a state where I wont need to go through the background check if I have my CCW, so this will keep me from having any delays in the future.

Thanks for the responses

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Old 02-10-2013, 04:21 AM   #8
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Quote:
Originally Posted by jARod15 View Post
Just wanted to update...

Picked up my lowers yesterday. Walked in and talked to one of the guys and he went into the back room to grab them. Must've been back there for 20+ minutes so I started to get worried. Finally came out, handed them to me and I was on my way!. One of my lowers had a different serial number than what was written down, so I think it just took him a little time to figure it out or find a new one. They were extremely busy so I didn't get a chance to talk to them about the weirdness, but I'll be back there soon and I'll ask them about it then, just to see if they know anything about it.

In the meantime, I'm going Monday to get my fingerprints done to send to the FBI to get my identification card to see if there is something on there that would explain the delay/deny response, and then next week I'm going to take the CCW class. Luckily I live in a state where I wont need to go through the background check if I have my CCW, so this will keep me from having any delays in the future.

Thanks for the responses
just a suggestion, i use my SS number on the 4473 form. i have heard people say it cust through any confusion, especially if you have a rather common name like Smith or Jones.
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Old 02-10-2013, 05:47 AM   #9
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just a suggestion, i use my SS number on the 4473 form. i have heard people say it cust through any confusion, especially if you have a rather common name like Smith or Jones.
I did, along with my middle name. Made sure everything was correct and legible.
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Old 02-10-2013, 05:55 AM   #10
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I did, along with my middle name. Made sure everything was correct and legible.
more than likely, it was just a hiccup in the system.
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