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Thread: Delayed purchase

  1. #1
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    Delayed purchase

    First of all this is the first post I have ever made on any type of forum discussion site.
    I recently tried to purchase a 270 Wsm at a local gun store. My first purchase of a firearm ever. I have other firearms but have been fortunate enough to have had the given,bought, or handed down to me. After the background check was complete they told me I had been delayed. Then handed me a piece of paper stating all the reasons a person could get delayed. Their was one subject on the list I am concerned with. "CONVICTED OF/UNDER INDICTMENT FOR A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE YEAR, WHETHER OR NOT SENTENCED IS IMPOSED" Reason for concern "short story" in 2001 I was charged, CHARGED BUT NOT CONVICTED, of burglary in the first degree, the case was thrown out due to zero evidence or any witnesses. I am not here to tell the hole story or explain my innocence. Wrong place wrong time situation Very eye opening expierence for a 19yr. old colledge student with zero action on my records. I am turning 30 this year and have not caused or been accused of anything since. This problem has haunted me for a while. I had it expounged offmy OSCN records a few years ago but not off my federal records. I work and have been working on several Military institutions for 7 yrs now . I thought if I was granted access to certain government classified areas then buying a rifle should be easy. I am very concerned with this problem not just now but in the future as well. Maybe I am just upset about the fact I am having to ask for permission to purchase something that I worked my tail off to buy. Hopefully it all works out and they will call because it sure sucked paying for a fiream and leaving the store with a piece of paper.

  2. #2
    Regular Member okiephlyer's Avatar
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    First, I am not a lawyer, and my free opinion is worth everything you pay for it. Also, I am not intimately familiar with the current legal system and it's inner workings.
    Sounds like the originator of the charges needs to expunge their records. Many years ago, a girlfriend went through something similar here in Oklahoma. It involved a reckelss discharge and child endangerment charge. (Domestic situation). The judge gave her 3 years to keep out of trouble, which she complied with, then cleared her record. When the records were cleared at the point of origin, they never showed up anywhere else. She passd the background check for her CWL without any questions asked.

  3. #3
    Regular Member okiephlyer's Avatar
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    Also, I invite you to join Oklahoma shooters at boomershooter.com. There may be a local that can help.

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    Obviously the first thing for you to do is wait three business days (meaning going back the fifth day after getting delayed, according to the way ATF counts days), and see if the delay has turned into either an approval or denial.

    If you haven't been denied by then, they can proceed with the sale. Note: they don't have to, and some dealers won't complete the transfer without an approval number, even though it's legal.

    If you are denied, there is an appeal process, and you should go through with that.
    http://www.fbi.gov/about-us/cjis/nic...-for-appealing
    http://www.fbi.gov/about-us/cjis/nic...s_brochure_eng


    Now, as for clearing up the record, it seems that being charged/indicted made it to the NICS system, but the charges being dropped didn't. You need to check with the original court, and find out the final disposition of your case. And by "find out", I mean get a certified hard copy of the file. This will be your evidence that you are not a prohibited person.

    Then, if you have any more trouble, you can initiate a "voluntary appeal file" with NICS. People who are frequently delayed (name/birthdate confusion with a prohibited person, etc.) are encouraged to do this.
    http://www.fbi.gov/about-us/cjis/nic...ochure_eng.pdf

    Good luck. Please come back and let us know what happens.

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    You're more likely being delayed because it's the first time you've purchased through an FFL that has to adhere to the Brady act (muthafu... oh, I mean, lovely group them). I've been delayed twice. I wouldn't worry about it too much unless you're certain the charge is what is delaying you... the first time I was delayed I got a call later that night that I had been approved. The second time I had to wait the entire stupid week. I have a 100% clean (not even a tiny ding) record. I'm also a 10 year green card holder from Canada which I think gets their furrows all furrowed.

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    James is jumping the gun here .. there are many many reasons for a delay in an approval ... james should post back with the final result: approved or denied

    If denied then he knows he does not have his gun rights and he can work on that (if possible); and he should know to transfer his guns to someone else until he knows his gun rights are OK.

  7. #7
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    After my earlier post, I recalled I used the wrong terminology. It's not "approved or denied", it's "proceed or denied".

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    When I worked at Gun World in Del City it was common to have first time buyers get delayed but delays are rather common. Common names are another big reason for the delay as well. You can get a personnel identification number sorta like a secondary social security number that is for gun purchases and it identifies you easier and then you won't have to worry about a delay. Odds are in this case it's likely a first time buyer delay.

  9. #9
    Regular Member OC for ME's Avatar
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    My first OTC purchase took 15 minutes at Cabelas.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  10. #10
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    Still I am waiting. I have called the gun shop twice. The last response I received was "we said we would call you if we heard something" My pick up day is the
    18th of July. You can better belive I will be there when they unlock the doors or immediatley after I recieve a phone call. Thanks for the advice on how to clean up my record I am looking into that next.

  11. #11
    Regular Member WalkingWolf's Avatar
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    Delays are not unusual. It was the reason I got a CHP years ago, not because I wanted to CC, but because I could purchase long guns without a insta check. You could have the same or similar name to a criminal, which was probably my case, or it could just be a hangup in the system. When I got delayed it usually cleared up in a few hours or the next day. If it was from your original arrest you would have been denied. Also FBI does this to every one on occasion, it was a common practice after 9-11, sorta sneaky gun control. I guess they think that buyers will be discouraged by the hassle.

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    Regular Member 1911er's Avatar
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    Don't worry

    I have been A CCW licensed gun owner for twenty years and still get delayed every time I buy A new gun. I am really thinking i am going to get A upin (unique personal identification number) through NICS Its becoming A pain in the butt now that I am walking with A cane to go back and forth all the time.
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    Hooray

    I picked up my rifle yesterday afternoon with no questions asked. Finally a sigh of relief. Although it makes me question this system. If you are going to run a backround check on an individual I would expect to here an approved or dis approved anwser at the end of the check, instead I heard nothing. I am very ignorant about the sytems or how it functions. This seems to be the only sitiuation a person could go through in life that if not heard back from someone after five days then everything is okay.

  14. #14
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by jamesu View Post
    I picked up my rifle yesterday afternoon with no questions asked. Finally a sigh of relief. Although it makes me question this system. If you are going to run a backround check on an individual I would expect to here an approved or dis approved anwser at the end of the check, instead I heard nothing. I am very ignorant about the sytems or how it functions. This seems to be the only sitiuation a person could go through in life that if not heard back from someone after five days then everything is okay.
    Awwww the wonders of govt bureaucracy...

  15. #15
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    Quote Originally Posted by jamesu View Post
    I picked up my rifle yesterday afternoon with no questions asked. Finally a sigh of relief. Although it makes me question this system. If you are going to run a backround check on an individual I would expect to here an approved or dis approved anwser at the end of the check, instead I heard nothing. I am very ignorant about the sytems or how it functions. This seems to be the only sitiuation a person could go through in life that if not heard back from someone after five days then everything is okay.
    Excellent. While frustrating and frightening, this is how it sometimes works. We're talking tens of millions of records out there, all compiled into a big database, with human error compounding the problem.

    As others have said, being delayed is not uncommon, and if it happens to you once, it will probably happen again. Others never have anything but a quick two minute phone call to be approved. If it happens again, you can get a VAF/UPIN and that should take care of it.

    By the way, did the store get a firm "proceed" from NICS, or just go with the automatic proceed after three business days?

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    This is why I love my Ky CDWL. In Ky, if you have a CDWL, you do not have to go through the background check. I fill out the 4473, hand over my I.d. and CDWL, and pay. I have never been denied before, but it is still a convenience knowing I don't have to worry about it.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

  17. #17
    Regular Member Springfield Smitty's Avatar
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    Quote Originally Posted by KYGlockster View Post
    This is why I love my Ky CDWL. In Ky, if you have a CDWL, you do not have to go through the background check. I fill out the 4473, hand over my I.d. and CDWL, and pay. I have never been denied before, but it is still a convenience knowing I don't have to worry about it.
    Same goes for a CPL in MI, but you then have to register the firearm with the Sheriff and State Police. It's still much easier to purchase though.
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  18. #18
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    Quote Originally Posted by jamesu View Post
    Still I am waiting. I have called the gun shop twice. The last response I received was "we said we would call you if we heard something" My pick up day is the
    18th of July. You can better belive I will be there when they unlock the doors or immediatley after I recieve a phone call. Thanks for the advice on how to clean up my record I am looking into that next.
    I would have told them not to bother; I'd get delayed somewhere more polite.

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