NICS "Temporary Denial" on Sunday

[xsquidgator]

Just curious, but do you guys who have been denied or delayed include your social security number on the form? I have an extremely common name, but have never been delayed. I've always thought it was because I was willing to include my SSN. But that may not be true. Just curious.

A guy next to me at a show this weekend had this happen-he got denied (FL) when they ran him for a pistol purchase. He *claimed* it was his brother with the same initials, one's James and the other John or something, who had a record (he had a CWP with him also). This guy had provided his SSN on the form but they must not have provided that when they ran the check. What really sucked for him was the dealer (like I said, happened next to me so I heard the exchange) said now that he'd been denied, he had to appeal it in order to be able to successfully do another check, apparently they couldn't just call it in and provide his SSN this time. Appealing involves going down to the Police or Sheriff and getting fingerprinted again, more paperwork, arggh.

I heard all this 'for real' right in front of me, although I have a hard time believing that the dealer at the table had the law correct. This is America, right? Makes me think of some of the situations in "Unintended Consequences" and gun control beaurocrats who have too much unregulated control. Of course, it is possible that the guy next to me was his "bad" brother and was trying to get away with something he shouldn't have, I guess I can't know for sure.

 

[secamp32]

I just bought a rifle in CT

And they have a 14 day waiting period but you are exempt from that but not the NICS if you have a CT CCW. In NY pistol permit holders were exempt form NICS until the State got into a tiff with the feds. Now PP holders have to have a nics check. Which is really BS since you need a permit amendment before you can pick up a new handgun. And the county does a criminal records check before they issue the amended permit. :banghead:

 

[shc1]

Here in VA the law says you can but more than one handgun a month if you have a concealed carry permit. Apparently that varies from one shop to another.
A little more than two months ago I was refused at a gun shop. Not by the nics check but the dealer.
Was told that because I bought a pistol in the last 5 days he could not sell to me. No background check… just no.
This was before the VT shootings. I see a bad moon rising.

 

[waterhouse]

What really sucked for him was the dealer (like I said, happened next to me so I heard the exchange) said now that he'd been denied, he had to appeal it in order to be able to successfully do another check, apparently they couldn't just call it in and provide his SSN this time.

This must be a state law thing. I've run them without SSN and gotten delays, and then the customer agreed to supply a SSN. At least in Texas (which means on a Federal level as we don't have any separate State regulations), you just call them back and give them the transaction number, ask them to add the info, and run the check again.

FWIW this situation has happened several times and the SSN has cleared up matters right away on all but one occasion.

 

[sarge83]

In over 15 yrs. I have only had a hold once and that was back in the late 90's.
The shop I used doesn't want to even see a CCW permit. For their own reasons they claim it slows things up.

 

[fspitzdorf]

As of I believe I recall, March 2006, any Michigan CCW granted after that date is exempt from NICS background check for both long arms and handguns. Makes it much easier and less hassle.... Luckily up until obtaining my CCW I was never delayed or denied... It was always a paranoid thought in my head for some reason with every purchase... Yet, eventhough that law is on the books some of my local firearms dealers (cough cough Gander Mountain) refuse to recognize it and still call it in...

Reason some state CCW's supercede the NICS check is due to the fact that the Federal Gov't recognizes that the state's background check for the CCW exceeds what the NICS check calls for.

 

[MachIVshooter]

Must vary by state or something. I've run as many as seven 4473's in a month and had no issues.

Back in '01, CBI revamped their system and I was denied until I sent them a buch of notarized paperwork (deferred judgement when I was 15, they lost the "deferred" part, I guess). Since then, no troubles.

 

[mp510]

Here's my NICS "ding" story.

Yesterday (Sunday) I walked into a gun store and picked out a long gun that struck my fancy.

Filled out the paperwork and the dealer ran me through NICS.

Got a "temporary denial." First one ever.

I was told by the FFL that on average, you get two approvals per month, and any more trigger a red flag in the system.

I had two transfers in the previous 4 weeks (from the same FFL!). I purchased two handguns (separate occasions).

Since it was a Sunday, there was nobody manning the state police Mother-May-I command center to override the red flag.

I walked out of the store with no boomstick (no big deal, i'm at that store regularly), but did feel somewhat embarassed at being denied. Last I checked, I was a good boy and didn't do anything on the list of proscribed activities on ATF Form 4473. LOL.

It sure is getting tough to buy guns on Sundays.

You should be good to go on Monday.

Recalling your wife's PCPR application story, you live in Connecticut. For the past several years, exempting certain schedueled gun show weekends and certain periods around huntng season, when DPS keeps at least some staff on, the system doesn't get restarted when it has 'issues' and then gives temperary denials to people who would usually be approved, along with a reference number that is used when the dealer calls the live operator for an auth number. There is a peculiar tendency for people with common surnames (surnames that are likely shared with a felon) to be Temp.Denied on Sunday than people with grossly uncommon names.

DPS SLFU actually put out a letter to all the gun dealers when the sunday shutdowns started to give them the heads up that the office wasn't going to be staffed, and that this would be happening.

IIRC the lacking Sunday staff related to 'budget issues' when it was implemented. Ironically, there is a significant surplus now, and DPS SLFU still gets to play these bull**** games.

 

[mp510]

I just bought a rifle in CT

--------------------------------------------------------------------------------

And they have a 14 day waiting period but you are exempt from that but not the NICS if you have a CT CCW.

You are also exempt from the waiting period if you have a hunting license. The supposed basis behind our waiting period is a "cooling off period".

They figure that if you have a hunting license or a PCPR, that your a good person who is likely buying the guns for a legit use, and is not likely buying them on a sudden urge to blow somebody away.


Regardless, to my knowledge, the background check results come back instantly.

 

[stevelyn]

I always get a delay that results in NICS check having to be reviewed by someone higher than the fed monkey doing the initial check. It's always cleared by the time I get done scratching out the 4473, but it still pi$$es me off.
I'm a police officer, I have a C&R and once held a military security clearance that allowed me access to things that glow in the dark and they still push the NICS microscope a little farther up my arse just to buy a gun.

 

[Limeyfellow]

Used to get OK'd instantly,
then I married a woman from China.
Because of the FBI background check for the visa and Justice Dept.
stuff, there now is always a 3 to 4 minute delay because of the flags
for the visa stuff.

I know how that feels. My wife always gets a little wait and I so do I due to all those background checks the buggers did on me.

It was even worse though when they put the wrong gender on my greencard and I had to provide official evidence that I was infact male to have it corrected and wait close to a year for them to change it. USCIS is possibly the only agency more incompetent than the people doing the NCIS.

 

[Finch]

Fortunately in Nevada, if you have a CCW, they don't even make a call. The CCW is worth it just for that in my opinion.

 

[30 cal slob]

ah, dealer also told me that if you have a number of ATF Form 4 applications (fun stuff with happy switches, etc) in the queue (like I do) that might be another automated "red flag" for NICS.