NICS delayed handgun license ????
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Old 07-23-2010, 06:04 AM   #1
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Default NICS delayed handgun license ????

Hello all i have run into a wall I recently went into the sheriffs office to get a handgun purchasing permit due to laws in michigan. as the officer ran the required nics check it came back as

Court Disp. Pending
Conviction status: unknown

so they could not give me the permit
Now 5 years ago i was charged with shoplifting i served my probation and the case was dismissed
But i have always been and always will be a responsibe gun owner as i have 3 already

they told me to file an appeal for more information on why i could'nt get one which i did waited about 7 days and recieved a letter today telling me it was being further investigated.

now here is my problem in about 2 1/2 weeks i am going hiking camping in wyoming and was looking to have some protection with me (please lets not get into the debate about hiking with a gun) now it looks as if thats not going to be an option. aside from that fact i still want to get this cleared up as this was 5 years ago and somewhere along the line paperwork was not finalized i'm guessing which i also assume is common

I am starting to feel like im going to be jumping through hoops. my question is what should/can i do to recieve the hand gun i already paid for ? other than wait an absurd amount of time. i have bought long guns since my arrest and don't really understand why this needs to be so complicated. I talked to a friend who knows more about the laws of guns than I and he suggested i contact the ATF directly. has anyone even heard of this or am i just being fed a line of crap somewhere as this has me extreamly dissapointed as i already bought the gun only to find out its gonna take jumping through hoops to get.


Thanks in advance

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Old 07-23-2010, 06:37 AM   #2
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Is your NICS approval denied or delayed? I believe a delay can take up to a week to clear, a denial needs an appeal. Never heard of running a NICS as part of the permit process, it's usually done by the FFL at the point of sale.


A delay response from the NICS Section indicates that either you or another individual with a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria:

  • A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
  • Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
  • An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
  • A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
  • A person who, being an alien, is illegally or unlawfully in the United States.
  • A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
  • A person dishonorably discharged from the United States Armed Forces.
  • A person who has renounced his/her United States citizenship.
  • The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
  • A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
  • A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
Federal Bureau of Investigation - National Instant Criminal Background Check System - Guide for Obtaining your FBI Identification Record
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Old 07-23-2010, 08:06 AM   #3
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Welcome to the FTF, please stop by "introductions"

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Old 07-23-2010, 10:30 AM   #4
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This "permit" from the Sheriff is required to purchase a handgun in MI correct? If so, you are going to have to do what's necessary to get your legal disposition cleared up. There is no shortcut to following the law - even a silly law...

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Old 07-27-2010, 05:20 PM   #5
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You need a permit to purchase a firearm?
MOVE!

Especially in light of the Heller and the more recent McDonald rulings, it is established law that gun ownership is a right that both the federal and state governments must obey. Some local jurisdictions are still trying to find ways to defy the court, but their day will come. Do you know a pro-gun lawyer who will write a "nasty-gram" to the sheriff?

Are you a member of the NRA, GOA, or Second Amendment Foundation, etc? If not, please join. Help us pay for the lawsuits that benefit all gun owners.
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Old 08-07-2010, 11:12 PM   #6
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Default AZ 30 Day Delay?

I bought a gun from an FFL on the internet (way lower price than local) and a couple of days later, went to my local shop to pick up my new gun. I filled the 4473 and waited while the owner called it in. After a few minutes, he told me that I'd been delayed. Then he asked me if that had ever happened before. I told him no, but that I hadn't purchased a handgun in over 10 years and that my name is so common I have to go through extra security every time I fly. I didn't think much of it and went home to wait for a call. Well, 3 days pass and no call, so I called shop. The guy I spoke with acted like he didn't know what I was talking about, but said he'd call in again to see what was up and give me a call "if there is good news." He also said that background checks are good for 30 days, which I took to mean that he planned to keep my gun for a month waiting for a response. Can he do that? I know the FBI website says he can release it after 3 business days, but he doesn't have to. Does anyone know how long I have to wait under AZ law before I can take possession of my gun? Can I just tell this shop to send it back where it came from and then ship it to another FFL? I get the.idea that these guys are confusing CCW requirements with transfer law.

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Old 08-08-2010, 04:55 AM   #7
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Quote:
Originally Posted by Ilikeitloud View Post
Hello all i have run into a wall I recently went into the sheriffs office to get a handgun purchasing permit due to laws in michigan. as the officer ran the required nics check it came back as

Court Disp. Pending
Conviction status: unknown

so they could not give me the permit
Now 5 years ago i was charged with shoplifting i served my probation and the case was dismissed
But i have always been and always will be a responsibe gun owner as i have 3 already

they told me to file an appeal for more information on why i could'nt get one which i did waited about 7 days and recieved a letter today telling me it was being further investigated.

now here is my problem in about 2 1/2 weeks i am going hiking camping in wyoming and was looking to have some protection with me (please lets not get into the debate about hiking with a gun) now it looks as if thats not going to be an option. aside from that fact i still want to get this cleared up as this was 5 years ago and somewhere along the line paperwork was not finalized i'm guessing which i also assume is common

I am starting to feel like im going to be jumping through hoops. my question is what should/can i do to recieve the hand gun i already paid for ? other than wait an absurd amount of time. i have bought long guns since my arrest and don't really understand why this needs to be so complicated. I talked to a friend who knows more about the laws of guns than I and he suggested i contact the ATF directly. has anyone even heard of this or am i just being fed a line of crap somewhere as this has me extreamly dissapointed as i already bought the gun only to find out its gonna take jumping through hoops to get.


Thanks in advance
I don't know what the trooper ran, but it wasn't thru NICS. I'm a gun dealer and NICS has 4 possible answers, Proceed, Delayed, Denied, & Canceled.
Proceed means you get your gun, Delayed means you wait three Business Days, and if NICS hasn't yet called the dealer back, they May give you your gun- However, no gun dealer has to do anything, many guys feel uncomfortable about the Delay process, and these un-informed FFL's just add to the confusion. The real problem is the atf not having anything resembling a uniform system. Instead each atf agent seems to make up their own little rulebook as they go along. Anyhow Denied means You are done- Denied People are Not Allowed to have a gun in their possession & you must call the FBI & the number should be furnished to you by your gun dealer, if that person has their crap together. Once you have contacted the FBI about your Denial you'll receive a packet in the mail, 6 fingerprint cards, among other stuff will need to be filled out & returned where-upon the magicians at the fbi will begin a complete background check on you, took em' 6 months to do mine, when I was delayed in 2005. BTW, the FBI/ATF is automatically notified if you are Denied & if those guys come to your home while you are still denied, they will, by law Destroy every gun they find in your home, unless your collection's total value is over $100,000.
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Old 05-29-2012, 08:35 PM   #8
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Quote:
Originally Posted by billdeserthills View Post
I don't know what the trooper ran, but it wasn't thru NICS. I'm a gun dealer and NICS has 4 possible answers, Proceed, Delayed, Denied, & Canceled.
Proceed means you get your gun, Delayed means you wait three Business Days, and if NICS hasn't yet called the dealer back, they May give you your gun- However, no gun dealer has to do anything, many guys feel uncomfortable about the Delay process, and these un-informed FFL's just add to the confusion. The real problem is the atf not having anything resembling a uniform system. Instead each atf agent seems to make up their own little rulebook as they go along. Anyhow Denied means You are done- Denied People are Not Allowed to have a gun in their possession & you must call the FBI & the number should be furnished to you by your gun dealer, if that person has their crap together. Once you have contacted the FBI about your Denial you'll receive a packet in the mail, 6 fingerprint cards, among other stuff will need to be filled out & returned where-upon the magicians at the fbi will begin a complete background check on you, took em' 6 months to do mine, when I was delayed in 2005. BTW, the FBI/ATF is automatically notified if you are Denied & if those guys come to your home while you are still denied, they will, by law Destroy every gun they find in your home, unless your collection's total value is over $100,000.
This doesn't really answer the question about delays.

I just purchased my first Long gun. But, I was delayed first time buyer.

Was told come back in 4 days.

My question is and what you didn't answer was: If the dealer does not receive a call back and I go back to pickup the gun... What is stopping said dealer from NOT giving me the gun.

I mean so far I haven't seen anyone answer this question and this is the 10 forum site I've read that doesn't answer that question.

What if the FFL refuses to release the gun to me at all.

Do I get the money back I already spent purchasing the gun from an out of state online gun store? Or does my gun just sit in limbo indefinately and I'm out $1000?
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Old 06-01-2012, 04:06 AM   #9
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Quote:
Originally Posted by FlukeLSX View Post
If the dealer does not receive a call back and I go back to pickup the gun... What is stopping said dealer from NOT giving me the gun.
Nothing. If no response is received from the NICS section within three days it is the dealers discretion whether to proceed with the transaction or not. If nothing was heard from NICS in a week the dealer should call and ask what's going on.

Quote:
What if the FFL refuses to release the gun to me at all.
If the dealer doesn't get the go ahead to proceed from NICS and won't release the firearm you should appeal to the NICS section

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Do I get the money back I already spent purchasing the gun from an out of state online gun store? Or does my gun just sit in limbo indefinately and I'm out $1000?
You could have it sent back to where it was bought and likely incur return shipping charge(s) and a restocking fee. It would sit in limbo if you wanted it to if you were to go through the appeal process.
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Old 06-01-2012, 04:20 AM   #10
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Most of the Public Lands in Wyoming are Federal lands. These lands are patroled by BLM Rangers, U.S. Forest Rangers as well as civilian LEOs. If you are found with an illegal firearm on Federal property you will have a very big problem.

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