Firearm purchase delayed by an NICS background check?

[davcommander]

Are you like me and have been delayed by a NICS background check when you have attempted to purchase a firearm? After being delayed yet again when I attempted a purchase in March, I decided to apply for an UPIN to keep future delays from possibly occurring. Having an UPIN is not a guarantee there won't be a future delay but it will help. I obtained the NTN (transaction number) from my FFL and submitted my application. Less than 2 weeks later, I received a letter back from the DOJ/FBI. I was excited that I had received my number so quickly. As I read the letter, they acknowledged receiving my application but apologized that there will be a delay in processing my request. They were just now addressing requests received in November 2012. So there will be at least 120 day delay before they will be looking at my request. And I thought waiting so long on my CCL from the state agency here in OK was long. But hopefully it will help me in the future as I buy more firearms. I urge anyone that has been delayed to apply for an UPIN and maybe not be delayed again. Ask your FFL for your NTN to include on your application as it will give the FBI folks something to refer to as they address your request. Here is the link to the brochure and VAF to help you out. Good Luck.

Link Removed

 

[ozzmanluv269]

According to Oregon firearms federation it is a NICS policy that after three business days if there is no outright denial the FFL May at there discretion complete the sale to you hope this helps.

 

[JimPage]

According to Oregon firearms federation it is a NICS policy that after three business days if there is no outright denial the FFL May at there discretion complete the sale to you hope this helps.

That's true, but few if any FFLs will do that. I haven't met one, but I have never been denied. Just lucky I guess.

 

[jtg452]

I've been delayed every time but 2 I've bought a gun since '94. Some were as little as 20 minutes and in a couple other cases they called the next morning. Considering that I've probably bought or sold 60 guns since '94, I tend to take the 'instant' part of the name with a grain of salt. I have no intention of getting a UPIN or whatever it's called. I'm used to the old 48 hour delay that Alabama had in place before the Brady Bill passed. None of the waits I've had were that long. It's not like going to a gun shop is a big trial for me or anything.

I did have a slight issue with a local PD back about 15 years ago. I bought a Colt Commander from a shop out of town but still in state. When I filled out the 4473, there was another similar form for the local PD. As usual, I left the Social Security number section blank (I refuse to give my Social Security number out to anyone unless it is absolutely necessary). The shop owner pointed it out and I told him that I wasn't giving it to them. His response was that if I didn't, they wouldn't process it. I told him that I didn't care if they did or not since the NICS was supposed to take care of that anyhow and they'd cleared already (they called back while we were arguing about the missing SSN on the local form) and if that was a deal breaker, then I wanted my $500 back. He faxed it over and they called him about the missing SSN while I was still there, so I told the person on the phone the same thing I had told the FFL. About 20 minutes later, they called back and told him to go ahead.

 

[DRNurse1]

Interesting event yesterday: I won a gun in a local raffle so stopped buy a small FFL to pick it up. He showed ment the 'fee schedule' and allowed me to listen in on the NIBC call. In my state, the fees amount to $5.

So why do other shops (national chains etc) tack on $30 to that amount (another recent purchase) and other local FFL's $20(a fecent transfer)? Just thinking about what a reasonable mark-up might be for these services.

Any thoughts?

 

[S&W645]

Interesting event yesterday: I won a gun in a local raffle so stopped buy a small FFL to pick it up. He showed ment the 'fee schedule' and allowed me to listen in on the NIBC call. In my state, the fees amount to $5.

So why do other shops (national chains etc) tack on $30 to that amount (another recent purchase) and other local FFL's $20(a fecent transfer)? Just thinking about what a reasonable mark-up might be for these services.

Any thoughts?

Several thoughts.
As an FFL gunshop, it takes up our time doing a transfer. A gun coming in must be unboxed and checked for the serial number on the gun. It then has to be logged into our bound books. When a customer comes in to get the gun, we have to have the Form 4473 filled out. We then have to fill out our part of that form and copy their license(s). We have to make the NICS call to in our case, FDLE Firearms Transfer Program. If approved, then we collect the monies, transfer the gun to the owner if no waiting period due to them having a CCW license. We then complete the Form 4473 and log the gun out of our bound books. If no license, then at the end of the waiting period the form get finished and the gun logged out. Our total time involved can be up to an hour or as little as a half hour depending on the NICS check time spent waiting on the phone. For that, we charge $25 for the transfer and $7.00 for the call in. Any number of guns per customer can be done on that day for the same $7.00 but $25 is per gun. Remember, time is money. And if there is a problem with the sale, BATFE will come after the LGS also.

 

[r1derbike]

At what point does the "instant" background check become not so instant? After 10 firearms purchased or more? What is their uh-oh, we gotta check a bit further trigger?

 

[S&W645]

I've been delayed every time but 2 I've bought a gun since '94. Some were as little as 20 minutes and in a couple other cases they called the next morning. Considering that I've probably bought or sold 60 guns since '94, I tend to take the 'instant' part of the name with a grain of salt. I have no intention of getting a UPIN or whatever it's called. I'm used to the old 48 hour delay that Alabama had in place before the Brady Bill passed. None of the waits I've had were that long. It's not like going to a gun shop is a big trial for me or anything.

I did have a slight issue with a local PD back about 15 years ago. I bought a Colt Commander from a shop out of town but still in state. When I filled out the 4473, there was another similar form for the local PD. As usual, I left the Social Security number section blank (I refuse to give my Social Security number out to anyone unless it is absolutely necessary). The shop owner pointed it out and I told him that I wasn't giving it to them. His response was that if I didn't, they wouldn't process it. I told him that I didn't care if they did or not since the NICS was supposed to take care of that anyhow and they'd cleared already (they called back while we were arguing about the missing SSN on the local form) and if that was a deal breaker, then I wanted my $500 back. He faxed it over and they called him about the missing SSN while I was still there, so I told the person on the phone the same thing I had told the FFL. About 20 minutes later, they called back and told him to go ahead.

Form 4473 does not require it to be provided but many times, not having it will result in a Conditional No/Delay. If provided, it saves time as there may be multiple people with the same name. James Smith (1) may be a felon while James Smith (20) is not. All have to be checked if no SSN is given. But remember, a LGS can deny a sale for any reason if they feel something is wrong and if the local laws say it needs a SSN, then the local law would prevail. We don't block any sales because of the lack of SSN here in Florida and the municipalities have no say.

 

[S&W645]

At what point does the "instant" background check become not so instant? After 10 firearms purchased or more? What is their uh-oh, we gotta check a bit further trigger?

Unknown. All that is asked is Long Gun, Handgun, Other, or combo. At most they would know three firearms at any one time here. YMMV depending on how thuggish your state is. Some states require you to have a permit to even buy a gun.

 

[S&W645]

That's true, but few if any FFLs will do that. I haven't met one, but I have never been denied. Just lucky I guess.

Our Firearms Transfer Program calls us at the end of 3 business days ( weekends excluded from those days so it can be 5 days total). If we don't hear back from them, we place a repeat call with the #. That then gets a yes or no answer from the FTP. The form 4473 does have a space on it for if the FTP later calls with an answer both for before we transfer and if after we transfer. The onus is always the LGS's.

 

[wolf_fire]

Are you like me and have been delayed by a NICS background check when you have attempted to purchase a firearm? After being delayed yet again when I attempted a purchase in March, I decided to apply for an UPIN to keep future delays from possibly occurring. Having an UPIN is not a guarantee there won't be a future delay but it will help. I obtained the NTN (transaction number) from my FFL and submitted my application. Less than 2 weeks later, I received a letter back from the DOJ/FBI. I was excited that I had received my number so quickly. As I read the letter, they acknowledged receiving my application but apologized that there will be a delay in processing my request. They were just now addressing requests received in November 2012. So there will be at least 120 day delay before they will be looking at my request. And I thought waiting so long on my CCL from the state agency here in OK was long. But hopefully it will help me in the future as I buy more firearms. I urge anyone that has been delayed to apply for an UPIN and maybe not be delayed again. Ask your FFL for your NTN to include on your application as it will give the FBI folks something to refer to as they address your request. Here is the link to the brochure and VAF to help you out. Good Luck.

Link Removed

Davcommander, could you please let those on the forum, who do not know the term UPIN, like myself, know what UPIN stands for? I clicked the website link but did not see the acronym UPIN anywhere. Thank you.

 

[S&W645]

Davcommander, could you please let those on the forum, who do not know the term UPIN, like myself, know what UPIN stands for? I clicked the website link but did not see the acronym UPIN anywhere. Thank you.

Not him but UPIN means Unique Personal Identification Number.

 

[davcommander]

According to Oregon firearms federation it is a NICS policy that after three business days if there is no outright denial the FFL May at there discretion complete the sale to you hope this helps.

@oz, Yes that is correct. If there is no reply within 3 business days after the check was submitted, the dealer may release the weapon. However, all large national chains (Bass Pro, Academy Sports, Cabalas Wal Mart, etc.) will not release because some states require a full release before you may purchase. It is policy that if one state's guidelines are more strict than an others, they will make the most strict guidelines chain wide. The 3 day release works well with private dealers. This is were the UPIN comes into play.

 

[davcommander]

UPIN = Unique Personal Identification Number. When a back ground check is completed, all information checked is deleted and no file is maintained on you. So each time you purchase a gun, the DOJ/FBI must check all sources every time. When you apply for a UPIN, you are asking them to maintain a file on you called a Voluntary Application File (VAF). This way with a VAF in place and assigned a UPIN, when you complete the paperwork to purchase, you provide your UPIN and the FBI may then access all your info much quicker because it is already all together. Thanks for the opportunity to make this clearer wolf_fire.

 

[davcommander]

Great we have an actual FFL dealer here. S&W in your experience, have you found many buyers with a UPIN get delayed? It has been suggested that my problem could have something to do with my security clearance while I was in the Navy, another because I have an ex that has gotten into trouble due to drugs and since our names are linked (unfortunately) forever that could be a problem. In either case wouldn't having a UPIN help me?

 

[rifleshooter474]

After my arrest and trial that I was found not guilty of pointing a firearm at a person. The first time in my life and buying many firearms I was denied during a back ground check for my last AK, I was told after 3 days if I remember they did not reply I could just pick up my rifle. And I picked it up three days later. Since then I have bought five hand guns without being denied. I am thinking after my arrest on a firearms charge, I was put in their data base when they checked found I was acquitted from then on I was removed from the holding data base. Anyhow it has happened to many other I have read and been told. Just more bumps in the road us law abiding citizens must endure today.

 

[jabatam]

Last July, I was denied the purchase of a firearm due to stolen identity. An appeal of the decision had me send in fingerprints which were found to not match the ones on record. I then applied for a UPIN and received it within 3 weeks of the original denial. I've used it since with no issues whatsoever

 

[CarryNM]

Put on hold twice, while My Wife went right through. P***ed me off, as I have held top secret clearance in the past. Both times it went the five days and the gun was sold to me. Just a bunch of lazies that do the checking. May have been time for coffee or a potty break, who knows??

 

[Seeya]

Are you like me and have been delayed by a NICS background check when you have attempted to purchase a firearm? After being delayed yet again when I attempted a purchase in March, I decided to apply for an UPIN to keep future delays from possibly occurring. Having an UPIN is not a guarantee there won't be a future delay but it will help. I obtained the NTN (transaction number) from my FFL and submitted my application. Less than 2 weeks later, I received a letter back from the DOJ/FBI. I was excited that I had received my number so quickly. As I read the letter, they acknowledged receiving my application but apologized that there will be a delay in processing my request. They were just now addressing requests received in November 2012. So there will be at least 120 day delay before they will be looking at my request. And I thought waiting so long on my CCL from the state agency here in OK was long. But hopefully it will help me in the future as I buy more firearms. I urge anyone that has been delayed to apply for an UPIN and maybe not be delayed again. Ask your FFL for your NTN to include on your application as it will give the FBI folks something to refer to as they address your request. Here is the link to the brochure and VAF to help you out. Good Luck.

Link Removed

Here is my UPIN Story.



http://www.usacarry.com/forums/gene...0328-unique-personal-identiy-number-upin.html

 

[jcreek]

According to Oregon firearms federation it is a NICS policy that after three business days if there is no outright denial the FFL May at there discretion complete the sale to you hope this helps.

I was told five by my FFL. My father-in-law was delayed after having his rights reinstated and the FFL told him if they haven't heard back in 5 days he could come pick it up. They called him in 2 days though so it never got tested.