need help

[kdj309]

ok im new to this posting stuff.. i have my (handgun permit)..I recently went to buy a handgun and after going through the backround check it was delayed..was told wait 3 days then give the gunshop a call.i did, was still on delaly. the gun shop told me after the 8th day i could pick up my gun if its not denied..so the 8th day came went to get my handgun.then was told i needed a second proof of address verification,(update drivers license address)which i provided when i came a 3rd time to pick it up..then i guess the supervisor of the store said he refuse to sell me the handgun because the backround status was still "open" my question is can he do that?and also is there anyway to speed up the backround check..this whole thing was a pain in the ass.. please help

 

[Dirka74]

Look here. You can file an appeal and this may speed things up. You will have to fill out appeal and get your fingerprints to send them

FBI — Reasons NICS Background Checks are Denied or Delayed

 

[PX4me]

2 posts and your rep is maxed out? How did you do that?

Before anyone else gives you grief for it, it's not a permit, it's a License To Carry a Handgun, or LTCH.

I could be wrong but I believe a GS can deny you a sale for any reason they want to. You being delayed for a second time probably gave them pause and they figured they would just avoid any potential trouble down the line.

I'd try another store and see what happens.

 

[Walt_Jabsco]

I'm with PX4 on this one. How does OP have maxed out rep with two posts, neither of which are substantive? What gives, mods?

As for the delays, I'd look into getting a Unique Personal Identification Number (UPIN).

 

[target64]

Concerning the delay issue, the store can wait until they receive a "proceed" from the background check. Also they can just outright refuse to complete the transaction at their discretion.

 

[Dirtebiker]

Look here. You can file an appeal and this may speed things up. You will have to fill out appeal and get your fingerprints to send them

FBI — Reasons NICS Background Checks are Denied or Delayed

There's nothing to appeal until he's DENIED!

 

[Sylvain]

I'm with PX4 on this one. How does OP have maxed out rep with two posts, neither of which are substantive? What gives, mods?

Maybe he just got some welcoming rep in his first post.With just a few members with lots of posts and rep power it wouldn't take long for him to get maxed out.

 

[Enthusiast]

Maybe your karma is trying to tell you that particular handgun is not for you. God sometimes works in mysterious ways

 

[kdj309]

everything just seemed like the employees didn't know what they was doing.had me going in circles..i will try and get a upin...thanks for the help everyone.

 

[gunner69]

everything just seemed like the employees didn't know what they was doing.had me going in circles..i will try and get a upin...thanks for the help everyone.

Did you go to a local gun shop or one of the big box stores? Alot of the bigger stores have recently hired alot of new guys and basically throw them in the ring with no real training which could be why they had you in going in cirlces. If you're drivers license isn't current you should have just needed something like a car registration to prove your current address. Most gun stores will sell after 3 days with no response, so if its been 8 i'm guessing they don't plan on selling it to you for whatever reason. My is to shop else where.

 

[Bigbuck5]

I don't mean to hijack the thread but, what is a UPIN and why is it needed?

 

[Slawburger]

FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE 2005
ATF Publication 5300.4, Revised September 2005, Page 218​

A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the FBI National Instant Criminal Background Check System (NICS) call center to the FBI NICS Section in an open transaction resulting in a delay:​

"--NTN-- will be delayed while the NICS continues its research of potentially prohibiting information on this open transaction and will advise you if it reaches a final determination of proceed or denied. If you do not receive a response from us, the Brady Law does not prohibit the transfer of the firearm on ___day/date ___."​

The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures):​

Delay Response On - Can Legally Transfer Under Federal Law On
Monday - Friday
Tuesday - Saturday
Wednesday - Tuesday
Thursday - Wednesday
Friday - Thursday
Saturday - Thursday
Sunday - Thursday​

If the FFL has not received from the NICS a final determination after 3 business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must note “no resolution was provided within 3 business days” on line 21d of the ATF Form 4473. (Please refer to pages 24 and 25 of the FBI NICS FFL User Manual.)​

*Best practice recommendation: In open transactions, the FFLs should record on the ATF Form 4473 the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.​

 

[PX4me]

I don't mean to hijack the thread but, what is a UPIN and why is it needed?

Unique Personal Identification Number.

You can apply for one so (theoretically) your subsequent 4473's will not meet delays, though it can still happen.

 

[Walt_Jabsco]

Unique Personal Identification Number.

You can apply for one so (theoretically) your subsequent 4473's will not meet delays, though it can still happen.

When I used to sell guns, I had a former Sheriff come up with a delay once, even with his UPIN. Needless to say, he wasn't happy, made some angry calls, and the approval came through.

 

[LarryC]

One thing that hasn't been mentioned - often times the "Delay" response is made as someone that has your name is not legal to possess firearms. Many people do not like to put their SS# on the 4473 - it is optional. But in most cases that will eliminate the "delay" response - if you do not have any questionable offenses on your record. I do put my SS# on the 4473, and so far have had zero delays.

 

[JoshuaW]

The LTCH does NOT speed up or bypass the NICS check.

If you are repeatedly getting wait listed, then I would try to get UPIN. I believe the forms and information are available on ATF's website. Also, if you arent putting your social security number on your forms, you might give that a try. I know there are a few other "Joshua Ws" out there, even one that shares my middle name (spelling is different though). I have no clue about their backgrounds, so I always put down my SSN. So far I havent been wait listed or denied. I have a buddy who ALWAYS gets wait listed, and I finally convinced him to put his SSN down, and it went right through. Of course, he still doesnt like putting it down, so he just expects the wait. To each their own.