Delayed response from FBI Check

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TheKingNothing

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Hello,

I just received my FID last week and went to pickup a shotgun today at a local dealer ( not naming names but they were VERY friendly and helpful )
After filling out all the paper work and getting approved by the state, the call went in to the FBI who after a few minutes came back and said it was delayed until 12/15. They will either call me when its released or if I dont hear anything till 12/15 I can come and pick it up. According to the dealer this is common but I am concerned that this could happen again perhaps next time at a Gunshow which would make purchasing there difficult.


Anyone else had experiences with this? Specifically if you got delayed for one purchase but not for a different one.
 
Could be any number of reasons, such as having the same, or similar, name as a prohibited person.

If it continues to happen, an individual can request a "Voluntary Appeal File" (VAF) be created, and receive a "Unique Personal Identification Number" (UPIN), to use in the future, which generally eliminates any delays.

http://www.fbi.gov/about-us/cjis/nics/appeals/nics_vaf_brochure_eng.pdf
 
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FBI NICS does not tell the FFL why the sale is to be delayed. It could be any number of things including known felons with a similar name to the customer, to a name misspelled on an arrest record.
There are a lot of people being delayed right now who would normally only be subject to "Further Review" by a NICS examiner ( done while the customer is still at the shop)
This may be because of the very high volume of NICS checks being done. They are so overwhelmed with background checks that it seems if they can't issue a "Proceed" right away, they delay it. In thousands of sales, I have only seen one DELAY that ended up as a DENIED.

OP, it sounds as if the shop did the fingerprint and MIRCS paperwork and then did the FBI check??
 
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jelildude said:
FBI NICS does not tell the FFL why the sale is to be delayed. It could be any number of things including known felons with a similar name to the customer, to a name misspelled on an arrest record.
There are a lot of people being delayed right now who would normally only be subject to "Further Review" by a NICS examiner ( done while the customer is still at the shop)
This may be because of the very high volume of NICS checks being done. They are so overwhelmed with background checks that it seems if they can't issue a "Proceed" right away, they delay it. In thousands of sales, I have only seen one DELAY that ended up as a DENIED.

OP, it sounds as if the shop did the fingerprint and MIRCS paperwork and then did the FBI check??
Click to expand...


Thats exactly what happened.
 
That's interesting, when I purchased my first rifle (last week), they did the call in and then the state process. I got the go ahead without any issue.
 
TheKingNothing said:
Does it MATTER what order this is done in? Maybe its dealer pref?
Click to expand...

I'll leave it to a dealer to answer definitively, but I'll give it my thoughts.

FA-10 (state approval) implies you BOUGHT the gun and took it with you on that date.

Since you got a delay, you actually did NOT buy the gun that day and won't until x days later, making the FA-10 technically inaccurate (not that anyone really cares). And if denied, the dealer has a mess to deal with "unselling the gun" on the FA-10 system!

By waiting until the Fed OK, all this is avoided and the FA-10 reflects the real date of transfer.
 
I've never seen an FFL NOT do it as Len describes. Nominally the fed call takes under a minute if the person is clean. Of course NICS has a lot of false delays and denials, too... when you look at the stats, the rate at which the system falses is astronomically high. [thinking]

-Mike
 
The last two firearm purchases I have made from different stores have first been delayed then come back as denied. Which is funny because I have a valid C&R FFL as well as a carry permit. Even if I put my social on the 4473 it comes back as further review, I have never been arrested. It makes you wonder what's going on at NICS.
 
If indeed the dealer processed fully your MIRCS before your NICS, then that was a mistake - especially if your wind up denied. However, if he did not report the transaction, then your MIRCS is in a 'pending' folder on the computer. It can be deleted. The only time I've processed, (but not reported) MIRCS first, was Black Friday when NICS was effectively down for more than 6 hours. As a courtesy to the customer, we completed all paperwork and then just looked up their MIRCS pending and transmitted. It's possible your MICS is pending....
 
Well its possible that I misunderstood the order that things were happening in. I dont know. Another very strange thing was that I wasnt asked for my pin either? I think this would indicate that the MIRCS wasnt fully processed yet. Either way, I'll update you guys in three days when I get to go pick it up unless for some strange reason I cant.
 
My dad's a criminal. Pretty bad one. We have the same name, and I don't use JR on anything. I've gotten hit with the delay for both firearms purchases I've made. I also get frisked ... THROUGHLY at the airport... Every time... Even when I'm in uniform, flying under Army orders. >.> Gotta do a VAF eventually
 
MassMark said:
If indeed the dealer processed fully your MIRCS before your NICS, then that was a mistake - especially if your wind up denied. However, if he did not report the transaction, then your MIRCS is in a 'pending' folder on the computer. It can be deleted. The only time I've processed, (but not reported) MIRCS first, was Black Friday when NICS was effectively down for more than 6 hours. As a courtesy to the customer, we completed all paperwork and then just looked up their MIRCS pending and transmitted. It's possible your MICS is pending....
Click to expand...
This. Jack.
 
I was delayed once. My dealer was really confused by it since I have bought MANY guns from him. He told me that he called back to ask why and was told that someone with the same first and last name was wanted (had a warrant out for them?) in another state far, far away. We were able to complete the transaction after he was able to talk to them about this.
 
No idea why this is happening, but the same thing happened to my son in AL when he bought his first gun. He never got any further, so he picked it up several days later.

Part of it MIGHT be that there are so many requests coming in that they can't keep up.
 
It worked untill you broke it [smile]

If it keeps happening i would consider what Kevlar has stated about getting a "Unique Personal Identification Number"
 
jgeebs413 said:
I used to have a dod secret clearance and was told that might have had something to do with the delays I use to get.
Click to expand...

So did I as well as NR and NRC secret clearances and none of that matters. LE has no access to that info, they don't even know that you have any clearance. I specifically asked about this a number of years ago.

The databases are kept by separate agencies.

NICS and FRB are checking criminal databases. If you are in those, chances are good you wouldn't be getting secret clearances so you wouldn't be in the other database. [wink]
 
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Just in case any CT residents are reading this, the CT process is entirely different. The dealer calls the state who runs both a state and federal check. Dealer puts the approval number on the 4473 and the CTDPS-3 and you are good to go.

If he gets a delay, and has filled out the DPS3, he just rips it up and redoes it when the approval comes through. The 4473 is designed to accommodate delays.

Don
 
I just got my LTC-A (no restrictions) last week. It also came with a UPIN. The only way I could foresee a delay would be if the system was overburdened with phone calls (Black Friday, tax free day, Obama Scare just before the election, etc.). Then again if the government is involved......
 
cosmo123 said:
I just got my LTC-A (no restrictions) last week. It also came with a UPIN. The only way I could foresee a delay would be if the system was overburdened with phone calls (Black Friday, tax free day, Obama Scare just before the election, etc.). Then again if the government is involved......
Click to expand...

NO, it does NOT come with a UPIN. It comes with a PIN number to use in case the fingerprint reader isn't working properly.

UPIN is ONLY issued by a specific request to the Feds in case you get erroneously delayed/denied continually. If you are John Smith-common name, they will delay to figure out if you are the one who has wanted posters up in the USPO (they really don't do that anymore) or the good guy with no record. [wink]
 

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