FINALLY Got My LTC!!!!!

Just a clarification. It had to have been >2 years BTW, not <= 2 years.

When you go to buy a gun you will likely get delayed or denied during the NICS check. MIRCS will be fine, but federal law doesn't allow MIRCS to replace NICS so you have to do both. NICS won't have your appeal letter on file and I don't know if it is smart enough to have access to MA records. If this happens, what you need to do is follow the links to appeals here (http://www.fbi.gov/about-us/cjis/nics). Then file an appeal with the official letter from your restoration hearing. This is a relatively cheap process so it will be a lot easier than what you have gone through before.

BTW: Only 4 hearings a month.... Alrighty then. I would have hoped they would do as many as they need to clear whatever backlog exists.

You were correct, my friend. I got delayed on a purchase today. What is the process with delays? From what I understand they have 7 days to proceed, correct? Is it possible that this will turn in to a denial after a few days?
 
Tim, congrats on your victory.

...I got delayed on a purchase today. What is the process with delays? From what I understand they have 7 days to proceed, correct?

3 business days...

...If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the FFL will receive the following instructions:

“. . .NTN ___ will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on day/date.”

The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.

http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet



Is it possible that this will turn in to a denial after a few days?

Yes, it's possible. If so, as Terra said, you can file an appeal...

Record Challenges

You may challenge the accuracy of the record used in the evaluation of your denial or declare your rights to obtain a firearm have been restored, etc. If you have additional information (e.g., court documentation) to assist the AST in correcting or updating the record, you should include the information with your written correspondence.

http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng
 
If it turns into a denial I would talk to your attorney about it, you may need to send the FBI some paperwork, possibly fill out an application for a VAF UPIN. Even if it is "just a delay" you are gonna get delayed every time, either because of your issue, or because the system is too dumb to figure it out. The UPIN will resolve that.

-Mike
 
It looks like the appeals process for an NICS denial takes 115-125 days. Same backlog for a VAF UPIN. Wonderful. So, if this delay turns in to a denial I am going to loose out on this gun. [angry]

What if a friend bought it and FA-10'd it to me? Any legal issue there? I suppose that is a question for a lawyer.
 
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What if a friend bought it and FA-10'd to me? Any legal issue there? I suppose that is a question for a lawyer.

Well, that's a straw purchase there, as depicted/intended.... but there's nothing prohibiting you from getting a gun FTF from someone else otherwise under normal circumstances.

-Mike
 
Well, that's a straw purchase there, as depicted/intended.... but there's nothing prohibiting you from getting a gun FTF from someone else otherwise under normal circumstances.

-Mike

That was really more of a hypothetical question; I don't intend to do that, as I would never risk anyone else's LTC or expose someone to federal legal headaches. But is it technically a straw purchase if I am licensed and legally permitted to purchase in the context of Massachusetts law? I suppose that is where the Feds come in to play.
 
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That was really more of a hypothetical question; I don't intend to do that, as I would never risk anyone else's LTC or expose someone to federal legal headaches. But is it technically a straw purchase if I am licensed and legally permitted to purchase in the context of Massachusetts law? I suppose that is where the Feds come in to play.

MA doesn't have any state laws regarding straw purchases, so the term is meaningless with regards to mass laws. It's only a federal issue, but on its face, you (generally) cannot give someone money to buy a gun for you if that person is in turn, buying it from a federally licensed dealer. It doesn't matter whether or not the ultimate recipient is licensed, legally clean, not prohibited, whatever- it's still considered a straw. Most people falsely believe that straws only applied in cases where prohibited persons are involved, but the law is a lot wider in scope than that in actuality.

It sounds dumb but that's how the law works.... you can't get your friend to buy you a gun on your behalf, but on the other hand, if your friend has one of his own guns for sale, he could still legally FTF it to you, because he already owns it (and likely had purchased it without ever having intent of selling it to you. ) You could legally buy FTF from anyone licensed in MA, really....

-Mike
 
Sounds like FTF is my next move if this is, indeed, a denial. I am going to look in to VAF UPIN tomorrow. Thanks for the insight. As much of a PITA as this all is, at least I am getting an education out of it.
 
I hope I am not hijacking this thread but...

What if a friend bought it and FA-10'd it to me? Any legal issue there? I suppose that is a question for a lawyer.

Well, that's a straw purchase there, as depicted/intended.... but there's nothing prohibiting you from getting a gun FTF from someone else otherwise under normal circumstances.

-Mike

Really? Even though both parities are properly licensed? So if I buy a gun today and decide that I hate it and offer it to my dad via FTF FA-10 that's a straw purchase?
 
I hope I am not hijacking this thread but...



Really? Even though both parities are properly licensed? So if I buy a gun today and decide that I hate it and offer it to my dad via FTF FA-10 that's a straw purchase?

Did your Dad tell you that he wanted the gun but the store wouldn't sell it to him? That would change the scenario a tad:)
 
Did your Dad tell you that he wanted the gun but the store wouldn't sell it to him? That would change the scenario a tad:)

I understand that logic completely, but I tend to agree with Big Red. How does one establish intent with certainty? Other than the fact that the purchaser expressed it on a public forum, of course. [wink]

Seriously, though, it seems like subjective, cloudy teritory to me.
 
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