Firearm purchase delayed by an NICS background check?

[S&W645]

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?

So far, no one has bought from us who had one. We do have a couple that are applying for them. FBI says they currently are doing the applications from January. Navy security clearance should not be a problem. Unless it was revoke and lead to a less than honorable discharge. We have current military that buy from us without problems. Your ex should not show up on your record as it is your record and not hers. Not sure if the UPIN would help or not.

 

[S&W645]

It depends on the state but with the Feds, it is 3 business days.

NICS Responses: If NICS provides a “proceed” response, the transaction
may proceed. If NICS provides a “cancelled” response, the seller is
prohibited from transferring the firearm to the buyer. If NICS provides a
“denied” response, the seller is prohibited from transferring the firearm to the
buyer. If NICS provides a “delayed” response, the seller is prohibited from
transferring the firearm unless 3 business days have elapsed and, before the
transfer, NICS or the State has not advised the seller that the buyer’s receipt or
possession of the firearm would be in violation of law. (See 27 CFR § 478.102(a)
for an example of how to calculate 3 business days.) If NICS provides a
“delayed” response, NICS also will provide a Missing Disposition Informa-
tion (MDI) date that calculates the 3 business days and reflects when the
firearm(s) can be transferred under Federal law. States may not provide an
MDI date. Please note State law may impose a waiting period on transferring
firearms.

That is quoted from page 6 of 6 of Form 4473 ( Revised 4/2012 ) and refers to boxes 21c, d, and e on page 2 of 6. 5 days could include a weekend.
So far, we've only had one straight denial and that was for a foreign national. He'll become a US citizen even before the FBI finishes their research due to backlogs. All other have been approved on the drop dead date.

 

[S&W645]

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??

One thing that can cause a CN/Delayed reply is a computer hiccup when doing your check. It's funny when it happens to a LEO. Because here you have a person who has a gun out in the open but can't buy one.

 

[ezkl2230]

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.

If you have been delayed and there is no response/denial from NICS within 3 days, Cabela's will.

 

[wolf_fire]

Not him but UPIN means Unique Personal Identification Number.

Thanks. (15 chars)

 

[wolf_fire]

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.

Thanks. (15 chars)

 

[DRNurse1]

@S&W645: Thank you for your reply although my question was tangential to the PO.

My discussion for the fees with that FFL was essentially the same as yours. He chooses to consider the NIBC process part of the sale and include his costs for it in the mark-up on his firearms. That is his privilege as a business owner. In turn, I will try to send him more of my business and I purchased some (IMHO overpriced) ammunition for the firearm I won.

I do not begrudge any business their choices in how they make a living, I was curious if my summary for this FFL matched the general business practice (your reply matched my side of the discussion, and I included facility and utility monthly costs as well) and if that business model/ mark-up seems reasonable to others. $24 to $30 additional for an average of an hour's work is not grossly unreasonable and I also should note that the fees have not appeared to increase since the boom in firearm NIBC's in the past few months.

DRNurse1

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.

 

[S&W645]

@S&W645: Thank you for your reply although my question was tangential to the PO.

My discussion for the fees with that FFL was essentially the same as yours. He chooses to consider the NIBC process part of the sale and include his costs for it in the mark-up on his firearms. That is his privilege as a business owner. In turn, I will try to send him more of my business and I purchased some (IMHO overpriced) ammunition for the firearm I won.

I do not begrudge any business their choices in how they make a living, I was curious if my summary for this FFL matched the general business practice (your reply matched my side of the discussion, and I included facility and utility monthly costs as well) and if that business model/ mark-up seems reasonable to others. $24 to $30 additional for an average of an hour's work is not grossly unreasonable and I also should note that the fees have not appeared to increase since the boom in firearm NIBC's in the past few months.

DRNurse1

Two LGS operate our way of thinking. Third one charges 5% ( above $500 ) of the gun transferred. On a $1500 gun that is $75. He has been losing customers because of that.

 

[davcommander]

I have purchased the majority of all my guns from auction sites. This way I don't have to worry about finding a dealer that has what I want as the purchase is usually impulse. So I checked around here for an FFL to act as my transfer agent. There is a local dealer that generally has a less than stellar reputation due to operating practices. They are the most expensive of everyone charging $100/gun. There are a few individuals listed as charging $10, but when I checked with them I was only able to reach 1 and he had upped his price to$20. But I selected a local smaller dealer that charges me $15/gun. That is a flat rate. As I am delayed with each purchase, once I win a bid, I go to the dealer to start the NICS check. This way about the time the 3 days have passed, my gun arrives at the dealer. I pay him the $15, he completes the required paperwork and I walk out of the store gun in hand in about 10 minutes. This method works for me so I am going to stick with it.

 

[rifleshooter474]

Look at the news each day see all the shootings. You think them shooters passed any type of a background check? It's a joke just a stupid joke.