NICS Delay.

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herrwalther

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For 2 firearm purchases in just as many months I have been delayed at the NICS portion of buying a firearm. Last month I was put on delay for a shotgun my wife and I wanted to keep around for home defense. I figured with the height of holiday shopping, NICS got a little overloaded. And the Mrs decided she had some other priorities for firearms, so the shotgun delay never got a follow up. It was also from Academy, where store policy dictates a delay means no sale. So thought nothing of it.

Today I made a long trip to a non local gun store that I used to go to quite often. They are running a sale so they were very busy. I looked at prices of what was on the shelf, as I normally do, to gauge their prices since it has been to this gun store. After some inquiry they are selling stripped Anderson lowers for $79. And I want one. Got delayed for that as well. The difference in policy is I can pick up the lower in a few days if there isn't an outright denial from NICS.

I am not entirely sure why I have gotten these delays. The only thing that comes to mind is I was arrested on a felony charge that was dropped. Unlikely as it may be since my carry permit was renewed without issue. So what can I do to prevent these delays?
 
I always get a delay for a few hours. Heck, the owner of the shop where I worked and FFL holder always gets one too. No rhyme nor reason. Neither of us have ever been arrested for anything.
 
I get a delay on about every other purchase on average. Maybe slightlyy more than that even. Most times it is two or three days and they call me up to come pick up my gun. Once I waited the whole week with no response. Then I was able to go get it without hearing back from NICS. No rhyme or reason to it as far as I can tell.
 
Really makes me love Nebraska's permit to purchase. We go in pay $5 every 3 years and get a permit to purchase. We can walk into any gun store in the State and walk out with any legal gun no further checks needed as often as our wives let us. A CCW permits will also work for this, it is good for 5 years.
 
When I was in the business we were told that the State could only give you two possible answers on a NICS call - yes or no. Not "we'll get back to you". Apparently things are different now. In Illinois the State cops used to claim their computer was down all weekend during gun shows. Then on Monday morning it miraculously began working again. Kind of put the brakes on all gun show sales. Dealers were pissed. Buyers were pissed. But they got away with it.
 
Really makes me love Nebraska's permit to purchase. We go in pay $5 every 3 years and get a permit to purchase. We can walk into any gun store in the State and walk out with any legal gun no further checks needed as often as our wives let us. A CCW permits will also work for this, it is good for 5 years.
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Here in MN we can apply for a permit to purchase (free) or a permit to carry in order to buy handguns and certain rifles. Both permits require background checks in order to obtain the documentation. The permit to carry does everything the permit to purchase does, and then some (obviously) and lasts five times longer. However, purchasing a gun with either permit STILL requires a check from NICS. Even though we pass a check to get the permit, we must pass another one, sometimes just days later, to actually buy a gun. I was under the assumption that this was standard practice just about everywhere.
 
Sure would be nice if the O.P. would list the State they live in where they ask a question like this.

In Kansas a Conceal Carry License eliminates the need from NICS approval. In fact I forgot all about this until the clerk asked me if I had one when I was picking up a gun recently.

Maybe the O.P.'s State has a similar law.
 
NICS is federal run by the FBI, 1 of 3 replies
1. Proceed
2. Delay
3. Deny

With an automatic allowance to transfer after 3 business days if no response from NICS prior to that day.

To the OP, you can apply for a unique pin number that you write in the appropriate box on the 4473, this number references back to you showing that whatever keeps flagging you for delay is a non-issue.

In something like 40 states a ccw or other state permits replaces the NICS call.
 
To the OP, you can apply for a unique pin number that you write in the appropriate box on the 4473, this number references back to you showing that whatever keeps flagging you for delay is a non-issue.
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Speaking from experience, a UPIN will not help with delays.

Keep in mind, a UPIN is not initially asked for by NICS when the BG check is called in. What the UPIN will do is cause the BG check to be reviewed by an examiner (not a civilian call center person), that's who'll use the UPIN to more quickly move to a Proceed (assuming no prohibitive information is discovered) . If the examiner queue is full, or it's anticipated wait time is excessive, the BG check moves to Delay.

There may be other nuances but this is generally how it works with a UPIN.
 
In Florida, a NICS is required even with a CCL. Kind of envious knowing that step is eliminated if You are issued a CCL in 40 plus states. Normally my wait is no longer than 15 minutes for approval, but still annoying. Perhaps a way for shops to pick up an additional $5.00 :confused:
 
BSA1 said:
Sure would be nice if the O.P. would list the State they live in where they ask a question like this.
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I forget that some states have their own databases to check. Since my state doesn't have one, it wasn't relevant to post. When handing over my ID, I asked the clerk if having an instate carry permit would matter. He said it wouldn't, since Alabama does not have their own system.

newfalguy101 said:
With an automatic allowance to transfer after 3 business days if no response from NICS prior to that day.
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As I found out, depending on the FFL. Academy won't transfer the shotgun to me as some states they operate in do not allow the sale if NICS is delay instead of proceed. A blanket, lazy policy. The store I visited for the AR lower is a family owned store in the state so the policy is different.

bikemutt said:
Speaking from experience, a UPIN will not help with delays.
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A UPIN was what I was thinking but couldn't remember what it was and couldn't find it after a brief search on the FBI NICS site. If my delay is caused by a "similar information field" to a prohibited person and not my arrest/charge dropped, would a UPIN be a good thing to have?
 
I get a delay every single time, its just standard now.

I'm in Illinois so I'm already waiting 72 hours, then I go to pick up the firearm, they call it in, I'm delayed so I go back home. The next day, usually later in the afternoon, I get a call that I'v been approved so I go back and pick my firearm up.
 
Anybody see a lot more NICS "delays" when private individuals must do background checks?

BATF will scream that they don't have the resources to process the additional workload.
 
I think a felony arrest with no disposition (e.g. no charges filed, charge dropped, or plead to something lower) can cause NICS delays. That is one common factor I've seen in people who always get delays. Could be because it can take a while to figure that out. I wish they would focus on convictions and not arrests...

I would think confused identities/aliases would be much quicker to resolve, especially if your SSN was provided.

I'm not sure if a UPIN will help. But you have a limited timeline in order to get one (you must get a delay or deny first for reference, then go get fingerprinted, and send everything off before a certain time limit).

Please do what you can to prevent lawmakers from removing the delay->proceed option after 3 days. Seems like there are some now pushing for only pass or fail on a NICS check. If that happens, a larger chunk of people will be denied gun rights. I always get delayed. The 3 days is enough of an inconvenience, especially here in WA where everything now must go through a dealer.
 
You do not have to be delayed or denied in order to apply for a UPIN. A UPIN is simply an identifier that links what would be a reason for a Deny, to a successful Appeal, resulting in a Proceed. A UPIN identifies a Voluntary Appeal File (VAF). You agree to let the FBI retain information so that your Deny (whether legitimate or not), is immediately and successfully Appealed, resulting in a Proceed.

Because a UPIN identifies a VAF, and it's not possible to appeal a Delay, I believe a UPIN is a worthless endeavor if ending Delays is the objective. As always, I could be wrong,
 
I don't know if my state (WI) has their own database (probably not).

A CCW doesn't change the procedure.
You have to pay $10 for a background check.

I wish our CCW would be in lieu of bcg, but a CCW is good for 5 years.
Too many bad things can happen in 5 years according to my state rep & state senator.
Can't imagine that'll change unless the Governor wants it too.
 
If you are getting put on delays, read and understand this please!!

A UPIN 'May' help you get out of the 'delay' bin... if you will. I work for a large retailer of firearms, and spend many hours dealing with gun purchases, and have had many conversations with ATF agents and NICS employees about this, and I know what I am talking about. (and you customers who create so many headaches for us need to cool your jets at the gun counters). Some of our regulars customers have gone through the UPIN process who were always getting 'delays'. It helped some, and not others.

'delay' often has nothing to do with the person applying, but there is often something in the applicant's information that flags. For example, if your name is "Johnson, Michael", and there is a person with the same name, or a very similar name "Micheal" (I see the vowels transposed a lot), who is a felon, you'll get put on a delay to make sure you are not him. Particularly if SSNs. of Micheal and Michael are close, you are going to get a delay...again, it may have NOTHING to do with your background, but a similarity with someone else's information who probably lives near you.

Also, getting a STATE carry permit is meaningless, for a FEDERAL background check. See above paragraph, you still are susceptible to it. I can't tell you how many time you guys with state carry permits say, after I tell you you've been put on 'delay' - "But I have a permit to carry!" and I'll tell you "The FBI doesn't care about that!"

This is the system, and being a jerk to a clerk won't change it. When you guys really piss me off, I'll tell you to call your Representative. After that, I will, and have, denied sales.

Remember, a 'delay' may have NOTHING to do with you.
 
waffentomas said:
...Also, getting a STATE carry permit is meaningless, for a FEDERAL background check....
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One big reason that is often cited for getting a carry permit, is that it gets the holder out of the headache of the background check, entirely. One of my 2 regular FFL's that I used for transfers, recently told me they now charge $35 to do the transfer, but only $30 if you have your carry permit and they don't have to make the call.
Several years ago, when I only had a Fla non-res permit, out of the blue, I started getting the unexplained delay everytime on the background check. Since getting my Georgia carry permit about 9 years ago, it's been smooth sailing again.
 
Yes, I agree with the previous post for applying for a UPIN. It eliminates, well most of the time, the "delay". It is easy to apply for and if you have no previous trouble with the law, you can get in in a week.
 
waffentomas ...........Also, getting a STATE carry permit is meaningless, for a FEDERAL background check. See above paragraph, you still are susceptible to it. I can't tell you how many time you guys with state carry permits say, after I tell you you've been put on 'delay' - "But I have a permit to carry!" and I'll tell you "The FBI doesn't care about that!"
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Not entirely correct, while a carry permit in your state may not qualify as an exemption to the background check it does in most.

In at least half the country, a state or locally issued permit (CCW, CHL, LTC, etc) will exempt the buyer from NICS. If you'll look at Que. 23 on the Form 4473 you'll see the secret place where the dealer writes down that info.;)


4dcd6ade-2758-44ed-8ada-948f47ccc016.jpeg
 
dogtown tom said:
Not entirely correct, while a carry permit in your state may not qualify as an exemption to the background check it does in most.

In at least half the country, a state or locally issued permit (CCW, CHL, LTC, etc) will exempt the buyer from NICS. If you'll look at Que. 23 on the Form 4473 you'll see the secret place where the dealer writes down that info.;)


4dcd6ade-2758-44ed-8ada-948f47ccc016.jpeg
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Dude, how old is that map????? :neener:

Last I read there are over 40 states that issue permits of some type that replace the NICS call, primarily CCW permits
 
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