Background check delay cost me a deal

Discussion in 'Legal and Activism' started by Marthor, Mar 9, 2012.

  1. Marthor

    Marthor New Member

    Government background checks have cost me unnecessary time in the past. Today it cost me money and a great deal. It was opening day at Langley AFB new gun-counter. They had some terrific deals. My background check was "delayed" and the gun I was getting sold out. Why are they wasting my time with an unnecessary "delay" like has happened before? Today, the "delay" cost me the deal. I have a carry license, so my stuff should go through without a delay. In fact, if you have a valid carry license already, you shouldn't have to do background check again at all! Government generally always does things poorly. Today was an example of this. Half the blame can go on the AFB gun-counter since they wouldn't hold the gun during the background check. Most gun-shops will hold the gun for you during the background check, but not the government run AFB gun-counter. They let some other guy whose check wasn't delayed buy my gun. LOL

    So, does anybody know how I can find out why my stuff is getting delayed? I figured it was because I bought several guns last year, but the delays are getting longer each time and now it cost me a deal.
  2. Jpyle

    Jpyle New Member

    The number of guns that you previously purchased should have absolutely no bearing on the NICS check, it's a criminal investigation. I suspect that the real reason is insufficient staff to handle the volume of calls that the various State and Federal agencies are getting.

  3. Marthor

    Marthor New Member

    Why am I getting flagged? Other people's checks were going right through.
  4. FFL01user

    FFL01user Member

    Could be something as simple as someone else having a similiar name and/or date of birth. If the background check results in a delay the FFL should hear back from the NICS section within three business days. If they don't, the FFL can at his/her discretion proceed with the transaction. Sounds like you should apply for a UPIN to avoid any future delays. And it sucks they wouldn't hold the firearm for ya...
  5. Marthor

    Marthor New Member

    Here's the end of the story...

    Found out that NICS has an appeal process to resolve "delays" so it won't keep happening. The bad news is that I have to file an application, a fingerprint card and a fee. I'm not doing all that! IMO, when they approve my check, they should automatically permanently resolve the flag rather than leave it there for next time. A relative gave me the idea to have my wife buy it if I'm at a gunshow or at a situation like this where they won't hold the gun. Good idea that is legal!

    Automatic relief is coming too, because I also heard the background check responsibility will revert back to the FBI next year. They said Obama wanted to give the current organization another year to get better by themselves, but no additional funding... So it won't get better this year.

    My background check had at least a 24 hour delay, but came through sometime over the weekend or today. When I stopped by the BX, they didn't have the Ruger SR1911 and couldn't say when they'd get more in, so I went with a Walther P22 for a decent $350 price (no tax). Since we're moving to CA soon, I had to put my Ruger 22/45 threaded barrel in storage, so that left me without a target pistol for the years I'd be stationed in CA. Stupid CA law makes my Ruger 22LR threaded barrel illegal which is retarded. So, the Walther P22 will probably be the first real pistol my daughter gets to fire and fills the current niche of needing a 22LR pistol plinker while in CA. It's got a rail too. :)

    Edit: Oh, part of the grand opening was a free Ruger T-shirt if you buy a gun, until they run out. At least the delay didn't cost me that too! New gun, free Ruger shirt... Happy.
    Last edited: Mar 12, 2012
  6. billt

    billt New Member

    This is an incident I went through about 5 years ago along the same lines when I purchased a Weatherby Vanguard rifle from a local Wal-Mart in my area.

    Before I get pounded from the, "I'd NEVER buy a gun from Wal-Mart!", crowd, these were a special run of rifles from Weatherby in .300 Weatherby Magnum that were sold exclusively through Wal-Mart at a very good price. So if I wanted the rifle I had to purchase it from them.

    In going through the purchasing process, filling out the 4473 form and all, the clerk, who didn't have much of a clue what he was doing, started to run a background check on me. I informed him that I had a valid Arizona CCW, and that a background check was not necessary. He argued and said everyone, including police have to go through it. I then told him to inform the person on the other end I had a valid CCW, which of course he did not.

    The check came up "DELAYED". I asked him why he didn't inform them that I had a valid CCW? He gave me zero response. I got angry and demanded the number to the Instacheck line he just called. He reluctantly gave it to me and I left. I returned home leaving the gun along with the filled out form on the counter, and told him I'll be right back. I called the number and told the lady on the other end what had just happened. She asked me for my name and address, along with the number on my CCW, which I gave her. I could hear her typing on a keyboard in the background as I gave her the information.

    She asked me which Wal-Mart I was dealing with, and I told her. She then told me to go there immediately, and assured me my rifle would be waiting for purchase when I got there. When I arrived and went straight to the gun counter, the clueless clerk, along with the sporting goods department manager, and the Store Manager were all waiting for me! All were extremely apologetic.

    My guess is the Store Manager got a good, solid a$$ reaming from that woman on the phone for tying up their system with totally unnecessary background checks. This is what happens when stores, who sell guns start making up their own rules that go beyond what is actually required by Federal and state laws. Things get real screwed up, real fast. I ended up making 2 trips instead of one, and a purchase that should have taken 10 minutes tops, wound up taking the better part of an afternoon. All because of people who don't know the law, but think they in fact know better.
  7. JonM

    JonM Moderator

    sounds odd. the way it works in wisconsin is you buy the gun fill out the form the serial number of the gun goes on the form. then they do the nics check. while waiting they cant sell the gun from under you...

    to speed things up put your ss number in the appropriate box. if you have a real common name you might want to do the appeal thing.

    your wife can gift you guns if you can legally buy them yourself.

    a straw purchase is buying a gun for someone that cannot legally buy one for whatever reason. for example if you go visit a friend in a different state and see the perfect handgungun with a perfect deal, your friend buys it for you and gives it to you that is a straw purchase since you cannot legally buy it yourself in that state.
    Last edited: Mar 15, 2012
  8. JTJ

    JTJ Well-Known Member Supporter

    Walmart in Lake Havasu City AZ does not sell guns. They screwed up the paperwork so bad that Walmart had to pay a big fine and cant sell guns. This is in a town that supports 6 gun stores.