Author Topic: Longest Background Check Ever?  (Read 2548 times)

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Offline Duke Nukem

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Longest Background Check Ever?
« on: February 25, 2019, 12:48:04 PM »
Hi all, new to the forum.  I ordered a CZ P10c in January and had it shipped to a local FFL.  Filled out the forms and got a delay response from the FBI.  This FFL is one who elects not to release a firearm until the proceed status is received; I figured it's no big deal, a day or so wait.  It's been over five weeks now and no word.
  Has anyone heard of a background check taking this long?  I've lived in this state for the last sixty years and have a clean record.  Kind of frustrating . .  :-\

Is there a limit to how long they can take? 


Offline arthurstearl

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Re: Longest Background Check Ever?
« Reply #1 on: February 25, 2019, 03:12:15 PM »
3 days here in Kentucky it is not back in three days it give it to you or sell it to you

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Offline SI VIS PACEM PARRABELLUM

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Re: Longest Background Check Ever?
« Reply #2 on: February 25, 2019, 04:29:07 PM »
Have you been in touch with the FFL who called in your paperwork? Have you ever been delayed before? Did you include your SSN on the 4473? I know many do not put down their SSN but not doing so could cause confusion between you and some one else with the same/similar name and a less than stellar record.
What state are you in? Many questions can be asked here so we need a bit more info.

Offline Duke Nukem

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Re: Longest Background Check Ever?
« Reply #3 on: February 25, 2019, 04:51:25 PM »
I am in Georgia, and this is my first firearm purchase.  I originally filled out the form and declined to provide my SSN, but after waiting a week I went back to the FFL and resubmitted the form including the SSN.  That first week of waiting isn't included in the five weeks, btw.

 In Georgia they follow the federal laws that allow the FFL to transfer to the buyer after 3 days, but the FFL is not required to transfer it.  It is my understanding that many choose not to, including some of the big sporting goods chains.

Of course, hindsight would have said check the policy of the FFL and find one that will do the 3 day transfer, but I didn't have hindsight back in January!  Hindsight might also have said to get my carry permit first, as I understand that expedites things.

There are three factors I can think of that could be causing a delay:

1.  There is a person in another state roughly my age and with the same first name, middle initial and last name that is a convicted felon.  I hoped providing my SSN would facilitate making the distinction between the two of us.

2. I was not born in the USA, but I my parents were US citizens so I was automatically a US citizen.

3. The government shutdown could have caused delays.


I don't see how the first two would have caused more than a day or two's delay, not sure about the third.

Offline SI VIS PACEM PARRABELLUM

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Re: Longest Background Check Ever?
« Reply #4 on: February 25, 2019, 04:59:58 PM »
If there was name confusion I'd think resubmitting with the SSN would clear that up. Could be an issue with citizenship depending upon how you filled out that info on the form.  I bought 3 guns during the shutdown,no issue at all. 
So have you gotten back in touch with the FFL? If not I'd contact them and see what they say. You may need to go further and possibly contact an attorney to clear this up.

Offline motorcyclist

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Re: Longest Background Check Ever?
« Reply #5 on: February 25, 2019, 05:36:55 PM »
Find out who does the background check in Georgia and call them. Here it's S.C.L.E.D. (S.C. law enforcement division). Besides background checks, they also issue carry permits. Last year I renewed my carry permit on their brand new web site and... my renewal never showed up. Had to call them and while they never said why my renewal was never processed, it did show up after a couple weeks. Remember, your dealing with a State agency.

Offline SI VIS PACEM PARRABELLUM

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Re: Longest Background Check Ever?
« Reply #6 on: February 25, 2019, 06:25:32 PM »
Remember, your dealing with a State agency.

Federal agency. 4473 checks I believe go through the FBI not the states. CCW and other background checks are another matter.

Offline Duke Nukem

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Re: Longest Background Check Ever?
« Reply #7 on: February 25, 2019, 07:14:50 PM »
Federal agency. 4473 checks I believe go through the FBI not the states. CCW and other background checks are another matter.

Correct, it's the FBI that didn't come back with any results.  I spoke tonight with my FFL and he said he had heard nothing, but after 30 days the application expired, whatever that means.  He is going to transfer the gun to another FFL that will submit a new form (my third) and after 3 business days will do the transfer.  I'd like to know what the problem is, but I'll probably never know.

  I appreciate that they're trying to keep guns out of the hands of people who shouldn't have them, but no legal person should have to go through this. 

Offline John A.

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Re: Longest Background Check Ever?
« Reply #8 on: February 25, 2019, 07:28:43 PM »
GET A DIFFERENT FFL  !!!!!

I can only say it so subtle.

The one you are talking to is more full of crap than a Christmas turkey.

By Federal guidelines, if there is a delay by NICS, they have 3 business days to contact the FFL if they need to deny it.

After 3 business days, the FFL can legally transfer your property to you.  Many times they will call NICS back to verify that they hadn't somehow missed the call, but that's on your FFL, not on you.

An FFL can personally choose to not transfer to anyone they don't want to, even with an approved response, but it would be very rare that would occur.

3 business days excludes weekends and national holidays.  It can be longer than 3 days total, but 3 BUSINESS days is what Federal law says.

This is ATF's website

https://www.fbi.gov/services/cjis/nics/a-nics-delay



When people ignorant of guns make gun laws, you end up with ignorant gun laws.

Offline John A.

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Re: Longest Background Check Ever?
« Reply #9 on: February 25, 2019, 07:31:16 PM »
Remember, your dealing with a State agency.

Federal agency. 4473 checks I believe go through the FBI not the states. CCW and other background checks are another matter.

Some states elected to do their own NICS background checks through their state police, however, it all goes through the federal nics in the end regardless.

Most states allow FFL's to call NICS directly.

When I had my FFL's, I called nics directly when doing background checks.
When people ignorant of guns make gun laws, you end up with ignorant gun laws.

Offline Duke Nukem

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Re: Longest Background Check Ever?
« Reply #10 on: February 25, 2019, 07:48:17 PM »
GET A DIFFERENT FFL  !!!!!

I can only say it so subtle.


As I said in my last post, I am getting a new FFL.  This one was within his legal rights to not transfer after 3 days, but in my opinion he wasn't exercising any judgment, good or bad.  I'd rather not focus on someone else's shortcomings, just move forward.  Maybe someday soon I'll be able to start practicing with my CZ that I paid for a month ago, sheesh!  Keep it positive.    ;)
  Thanks for everyone's comments, and on to the next thing.

Offline motorcyclist

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Re: Longest Background Check Ever?
« Reply #11 on: February 25, 2019, 07:50:43 PM »
Remember, your dealing with a State agency.

Federal agency. 4473 checks I believe go through the FBI not the states. CCW and other background checks are another matter.

Some states elected to do their own NICS background checks through their state police, however, it all goes through the federal nics in the end regardless.


I believe this is the case in S.C. with S.C.L.E.D. running the instant background checks. I've talked to people who've had it come back "don't sell" and they always have to deal with that State agency.


Offline CCWLearner

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Re: Longest Background Check Ever?
« Reply #12 on: February 25, 2019, 08:51:40 PM »
I've had a situation with a big box sporting goods store, where the NICS system was down, at least for them, so they told me to come back later... then called me in a couple of hours to complete the transaction.

Other than that, I never had a problem.  My more recent transactions have been expedited with my carry permit, which supposedly removes the NICS confirmation requirement in my state.  I still complete a 4473 at the FFL, but they don't wait around for an approval before giving me my firearm.

Offline SI VIS PACEM PARRABELLUM

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Re: Longest Background Check Ever?
« Reply #13 on: February 25, 2019, 10:06:16 PM »
I've had a situation with a big box sporting goods store, where the NICS system was down, at least for them, so they told me to come back later... then called me in a couple of hours to complete the transaction.

Other than that, I never had a problem.  My more recent transactions have been expedited with my carry permit, which supposedly removes the NICS confirmation requirement in my state.  I still complete a 4473 at the FFL, but they don't wait around for an approval before giving me my firearm.

I'm in Ohio and while our CCW permit allows FFL's to send us on our way without wait there are some who refuse to do it that way and still make you wait while they call it in.

Offline HollowDawg

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Re: Longest Background Check Ever?
« Reply #14 on: February 26, 2019, 10:40:35 AM »
I live in Georgia too. My advice is to get a carry permit. If you have a carry permit you don't have to get a background check w each purchase. I hated the idea of the FFL basically alerting the state each and every time I purchased a firearm. Gotta give up your fingerprints and pay for a local and FBI background check. Only about $75.

 

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