NICS Checks

[brandonlee333]

My first purchase of a firearm got a delayed result from NICS and now my second purchase also got a delay. Just wondering why it’s getting delayed and if i will always get a delay with every firearm purchase in the future? My first purchase was a handgun and my second is a long gun, so is it possible that there’s a delay with your first purchase of each type of gun?

 

[ken158]

Common last name or similar name of a unsavory character maybe?

 

[brandonlee333]

Would the common last name always give me a delay every time I purchase you think?

 

[Fishinfool]

Delayed, then approved, or just having to wait the 3 days without an answer to complete the sale?

There can be a variety of reasons for a delay, usually a common name, or questionable past infraction that could be confused with a felony.

When you fill out your 4473 paperwork, I believe there is still a spot (not mandatory) to add your social security number. That may help. Another option is the BATFE can provide you with a unique number assigned to just you if mis-identification continues to be a problem.

Larry

 

[Ruger 13]

NICS has been extremely busy for the last year or so…….get a LTC and do away with the background check!

 

[KalamazooKid]

I’ve been “delayed” every time for the last year plus. No rhyme nor reason.

 

[ol777gunnerz]

info

I have never been delayed in my life. Always goes right thru, 2 handguns in the last month & a half. I have never used my social security number. I would suggest contact the nearest ATF office & ask someone. My 2 nephews have your problem, but they have both been arrested for DUI, drugs, theft.

 

[quikdraw67]

NICS has been extremely busy for the last year or so…….get a LTC and do away with the background check!

Not in PA.

I've had a carry permit since 1993, and I have to do the PICS check every time I buy a firearm.

 

[pawngal]

Without knowing the OP's location, could be denied by state or federal.
Lots of things can result in delays.
Common names, history of any arrests, NICS just too busy, and one that has seemed weird to me. Past military service and/or security clearances.
Just have to wait it out. Most FFL dealers will transfer after the 3rd business day if no response has been received. BUT, they are NOT required to do so.
I doubt contacting any ATF office will make any difference.

 

[Absalom]

ATF indeed has nothing to do with this.

Your state and how it has organized the background check, on the other hand, has everything to do with this. Some state use just the federal databases, others add state and local databases before a completed check comes back to the dealer. Hang-ups can occur at various levels.

So without your location, nobody here can say what applies to you.

 

[Muss Muggins]

. . . and one that has seemed weird to me. Past military service and/or security clearances. . .

I can explain that one. You get fingerprinted all the time for those things. When you get fingerprinted, you get an FBI number, and sometimes a State ID Number (SID). The FBI and SID are the first things that show up in an electronic record check. The vast majority of people with FBI and SID are crooks, and those returns get flagged for a closer look. Sometimes the operator can knock it out right away, but add in a crook with similar identifiers or a minor arrest record, and you've got a wait on your hands.

I get delayed and I get proceeded. I have a combination of all of the factors we're talking about in the electronic record, and I think the common denominator is how busy NICS is at that particular moment . . .

 

[NYlakesider]

Hope I'm not jinxing myself but so far have not had more than a 10 minute wait doing the checks & I live in the peoples republic of NY. Most are almost instantly!

Possibly my state of residence makes a difference as I have been thoroughly vetted due to the many requirements of getting a state pistol permit and handgun transfers over decades.

I know I have a big file/s due to all the many transactions I have made since the early 1970s. (I have personally seen mine at the Sheriffs office and is rather thick.)

Couple other thoughts as I'm long retired I normally do my gun/ammo shopping during the normal M-F work day. Normally less people there. Other thought I know my SS number is all over the place so I do put it down on the NICS checks!

 

[Nacho Man]

Last two purchases made April and May were delayed with call back following day.
Jan I didn't have this problem on two and they were proceed with a 15 min wait researching.

 

[Truckman]

Pawngal is correct on every point...As an FFL holder for 16 years until my retirement, I observed that once delayed, always delayed...Some I never got a response so I released the gun after the mandatory 3 days...This is one reason I will always keep my CHL even if Constitutional carry becomes the law of the land, my CHL precludes the call to NICS no matter how many guns I buy...Walk in, buy gun, fill out 4473, show CHL and walk out...Easy peasy......Ben

 

[Pig Hunter]

I have a friend that gets delayed every time since I've known him in 4 different states.

 

[brandonlee333]

Im a Massachusetts resident unfortunately. I also have an LTC and always put my SSN down in hopes of it helping pass the nics check more smoothly without delay. My second purchase was a shotgun bought on the stateline of New Hampshire. Different state and still got a delay.

 

[KalamazooKid]

I have never been delayed in my life. Always goes right thru, 2 handguns in the last month & a half. I have never used my social security number. I would suggest contact the nearest ATF office & ask someone. My 2 nephews have your problem, but they have both been arrested for DUI, drugs, theft.

I’ve never been arrested and use my SS number but still delayed on last dozen or more transfers. [emoji2955]

 

[KalamazooKid]

This is one reason I will always keep my CHL even if Constitutional carry becomes the law of the land, my CHL precludes the call to NICS no matter how many guns I buy...Walk in, buy gun, fill out 4473, show CHL and walk out...Easy peasy......Ben

Our carry license here in MI used to do the same thing but it changed early last year.

 

[steelslaver]

I always got delayed until I got my CWP. Ex military that had a security clearance. Have a federal ID for working in international ports and was once arrested for felony assault, but cleared. I always wondered just what trips the trigger. Every time I travel to Canada I get to have a special conversation with their immigration people.

 

[Truckman]

Our carry license here in MI used to do the same thing but it changed early last year.

There may have been a change in the state licensing procedure that no longer satisfied the standards of the NICS check......Ben

 

[Ron In MD]

Bought 3 new guns in the past year. My latest was 2 weeks ago, not a problem.

 

[Muss Muggins]

...As an FFL holder for 16 years until my retirement, I observed that once delayed, always delayed...

Not from my experience. Been delayed, been proceeded. Been delayed and then proceeded in an hour or in a day, when they call back and say proceed. Been delayed with no call back and picked up my gun after three business days. Been proceeded immediately, delayed the next week, and proceeded immediately the week after. No rhyme or reason. Been proceeded on computer checks and delayed on call in, and then been proceeded on call in and delayed on computer check. Missouri is a state that relies on the federal NICS.

 

[Muss Muggins]

NICS has been extremely busy for the last year or so…….get a LTC and do away with the background check!

I got ten bucks and a beer says that is one of the things going away very soon . . .

 

[TX-Dennis]

I've never been delayed, and I have a very common name. I did always put my social on the form when I had to go through NICS. The last several years I've had a Texas carry license, so no NICS check needed now. I just fill out the paperwork, pay, and go.

My wife is a resident alien. Several years ago before she got a carry license we went to buy her a Sig 938. She got delayed for the full 3 days. I went to another shop and bought the same model in my name. It went right through. Three days later the first place called and said she could come pick up her pistol. I told them to return it to stock because we changed our mind. And, NO, buying a pistol for your wife is not a straw purchase.

I'm sure glad I proofread that before I posted. I had originally typed that my wife is an "illegal alien."

 

[Muss Muggins]

. . . She got delayed for the full 3 days. I went to another shop and bought the same model in my name. It went right through. Three days later the first place called and said she could come pick up her pistol. I told them to return it to stock because we changed our mind. And, NO, buying a pistol for your wife is not a straw purchase.

Everybody needs to decide for themselves if it is or not, especially if you're buying a firearm to give to someone who couldn't get one legally . . .

Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you arenot the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you.

 

[DeplorabusUnum]

NICS has been extremely busy for the last year or so…….get a LTC and do away with the background check!

I've purchased many firearms in Oregon and my CC license does not excuse me from the background check. It does however move you to the front of the line. They all have taken about 10 minutes.

 

[Liftrat]

I’ve recently had a 3 day delay, but just due to congestion in the system. In “normal” times 10-15 minutes. And I never use my SS number.

 

[steelslaver]

Originally Posted by TX-Dennis View Post
. . . She got delayed for the full 3 days. I went to another shop and bought the same model in my name. It went right through. Three days later the first place called and said she could come pick up her pistol. I told them to return it to stock because we changed our mind. And, NO, buying a pistol for your wife is not a straw purchase.

Everybody needs to decide for themselves if it is or not, especially if you're buying a firearm to give to someone who couldn't get one legally . . .

You can legally buy your wife or girl friend or anyone who is not a prohibited person a gun as long as you use your own money and give it to them as a gift. In the case of most married couples finances would be difficult to prove as actually separate. Read the explanation for question 20 on page 3 of the 4473. Legal aliens are not prohibited


From the BATF
An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(2), such as possession of a valid hunting license or permit.

[18 U.S.C. 922 (d)(5), (g)(5) and (2); 27 CFR 478.11 and 478.32(a)(5) ]

 

[LVSteve]

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(2), such as possession of a valid hunting license or permit.

Aahhh, 18 U.S.C. 922(2), I remember it well. The hunting permit exception started me on the slippery slope to an unfortunate boating accident.

 

[ancient-one]

My late son-in-law was always delayed because of someone with the same name and a criminal record.