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Thread: Delayed after NICS check

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    I finally received my CCW license from King County after 29 days, and went to a store in Puyallup to buy my first handgun. After filling out all the paperwork and paying (they wanted the payment before they checked), they called it in to NICS or whoever they call. They said that it was "delayed" and I would have to wait up to 10 days before I could take my gun home. I thought the CCW background check covered all of that, but I was told that there could be "federal restrictions". Where can I find out information about these restrictions? I'm well north of 50 now, but I made a few dumb choices when I was a youngster, and spent a few days in jail for a minor misdemeanor. Is this going to stop me from buying a handgun from a licensed dealer? I know that I can buy from a private party or gun show without a problem in this state, it seems ludicrous that the only restriction would be buying it from a licensed dealer, especially when I have already been approved for CCW.

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    The CPL only exempts you from the state 5 day wait if you are given a proceed by the federal gov't. There may be a name match and the ATF needs to research it to verify you are not the same person. There are a number of reasons you might get a delay. It does not mean the same as a deny.

    Out of curiosity did you provide your SSN on the form?
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    duallydave wrote:
    I finally received my CCW license from King County after 29 days, and went to a store in Puyallup to buy my first handgun. After filling out all the paperwork and paying (they wanted the payment before they checked), they called it in to NICS or whoever they call. They said that it was "delayed" and I would have to wait up to 10 days before I could take my gun home. I thought the CCW background check covered all of that, but I was told that there could be "federal restrictions". Where can I find out information about these restrictions? I'm well north of 50 now, but I made a few dumb choices when I was a youngster, and spent a few days in jail for a minor misdemeanor. Is this going to stop me from buying a handgun from a licensed dealer? I know that I can buy from a private party or gun show without a problem in this state, it seems ludicrous that the only restriction would be buying it from a licensed dealer, especially when I have already been approved for CCW.
    Huge question #1: Did you provide your SSN on the form?


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    Wow - quick replies! Yes I did put my SSN on the form, so I guess that would mean that they should not mistake me for somebody else with the same name.

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    Actually, the 10 days is the time they have to respond toyour appeal of theinquiry. It does not mean you will be able to buy the gun. When I was put "on hold" it took well over a month and intervention by one of our Senators to get the matter resolved. There is nothing that states the time frame to resolve the hold only to inform you that the hold requires further investigation.


    You might choose torequest the Voluntary Appeal Filekeep your informationon filefor future use. Otherwise, you may have to deal with this each timethere is a NICS check. You get aUPIN numberthat you can use that facilitates any future transfer.


    Hopefully, yours will be resolved shortly.


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    lmmmmm wrote:
    You might choose torequest the Voluntary Appeal Filekeep your informationon filefor future use. Otherwise, you may have to deal with this each timethere is a NICS check. You get aUPIN numberthat you can use that facilitates any future transfer.

    That sounds interesting, do i request that through the dealer, or contact NICS directly?

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    I would wait the 3 days for their response on your delay. If you are denied then you will want to do an appeal.

    My situation was weird. I had already done 3 other transfers prior to this one. On this occassion I used my CWP and that's when the FFL did a NICS. It seemed that if you wait the regular 5 days from the state there wasnt a NICS check and the state passes you. Using the CWP bypasses the state check and they just do a NICS. It was very confusing cause of my earlier transfers had no issues.

    To do an appeal you would have to contact NICS yourself but you need to have the transaction number (NTN) from the FFL .


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    Now this is interesting http://www.fbi.gov/hq/cjisd/nics.htm

    Partial POC - contact state for handgun - WA

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    duallydave wrote:
    I finally received my CCW license from King County after 29 days, and went to a store in Puyallup to buy my first handgun. After filling out all the paperwork and paying (they wanted the payment before they checked), they called it in to NICS or whoever they call. They said that it was "delayed" and I would have to wait up to 10 days before I could take my gun home.
    Hold on, this sounds familiar... Was this at The Marksman on Canyon road, Sunday afternoon between 3PM and 3:30, by any chance? If so, I was standing right behind you, browsing through the holsters. Not that I meant to listen in, I just caught the general gist from some snatches, mainly what the guy from the store was saying.

    Yeah, I thought that was weird. I got the impression the guy from the store thought you were on the level, too.

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    duallydave wrote:
    I finally received my CCW license from King County after 29 days, and went to a store in Puyallup to buy my first handgun. After filling out all the paperwork and paying (they wanted the payment before they checked), they called it in to NICS or whoever they call. They said that it was "delayed" and I would have to wait up to 10 days before I could take my gun home. I thought the CCW background check covered all of that, but I was told that there could be "federal restrictions". Where can I find out information about these restrictions? I'm well north of 50 now, but I made a few dumb choices when I was a youngster, and spent a few days in jail for a minor misdemeanor. Is this going to stop me from buying a handgun from a licensed dealer? I know that I can buy from a private party or gun show without a problem in this state, it seems ludicrous that the only restriction would be buying it from a licensed dealer, especially when I have already been approved for CCW.
    You're fine, don't worry. I used to get delays all the time, and I evenprovided my SSN. Once I started expecting them, I started to get approved

    It's pretty normal, actually. I think it's like a 1 in 7 or a 1 in 10 chance that you'll get delayed. Basically, if your name is Osama Bin Laden, but you're not "the" Osama Bin Laden, even if you use your SSN you're probably still going to get delayed, because your name matches a wanted person. It's probably something simple like that. If there was something immediately barring you from owning a firearm, you would have gotten a "denied" status, not a "delay".

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    Euromutt wrote:
    duallydave wrote:
    I finally received my CCW license from King County after 29 days, and went to a store in Puyallup to buy my first handgun. After filling out all the paperwork and paying (they wanted the payment before they checked), they called it in to NICS or whoever they call. They said that it was "delayed" and I would have to wait up to 10 days before I could take my gun home.
    Hold on, this sounds familiar... Was this at The Marksman on Canyon road, Sunday afternoon between 3PM and 3:30, by any chance? If so, I was standing right behind you, browsing through the holsters. Not that I meant to listen in, I just caught the general gist from some snatches, mainly what the guy from the store was saying.

    Yeah, I thought that was weird. I got the impression the guy from the store thought you were on the level, too.
    It was at the Marksman, but Saturday about 4:30 - 5:00.

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    lmmmmm wrote:
    I would wait the 3 days for their response on your delay. If you are denied then you will want to do an appeal.

    My situation was weird. I had already done 3 other transfers prior to this one. On this occassion I used my CWP and that's when the FFL did a NICS. It seemed that if you wait the regular 5 days from the state there wasnt a NICS check and the state passes you. Using the CWP bypasses the state check and they just do a NICS. It was very confusing cause of my earlier transfers had no issues.

    To do an appeal you would have to contact NICS yourself but you need to have the transaction number (NTN) from the FFL .
    You need to bone up on how NICS works. Now, everyone gets NICS every time. It use to be there was no NICS check if you had a CPL, but they couldn't allow anyone, even with a better background check, out of their grasp. There is no Washington state check for a gun purchase. All your CPL does is exempt you from Washington's 5 day waiting period, if the dealer wants too. Oh yeah, it lets you carry concealed too. Isn't that an infringement on your right to keep and bear arms?

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    duallydave wrote:
    It was at the Marksman, but Saturday about 4:30 - 5:00.
    In that case, if it's any consolation, you weren't the only person to get a "delayed" response to his NICS check in that particular shop on that particular weekend.

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    Euromutt wrote:
    duallydave wrote:
    It was at the Marksman, but Saturday about 4:30 - 5:00.
    In that case, if it's any consolation, you weren't the only person to get a "delayed" response to his NICS check in that particular shop on that particular weekend.
    My dealer had been getting an odd number of delays about 2 weeks ago. Maybe something has changed with NICS that they haven't told us.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    Bear 45/70 wrote:
    You need to bone up on how NICS works. Now, everyone gets NICS every time. It use to be there was no NICS check if you had a CPL, but they couldn't allow anyone, even with a better background check, out of their grasp. There is no Washington state check for a gun purchase. All your CPL does is exempt you from Washington's 5 day waiting period, if the dealer wants too. Oh yeah, it lets you carry concealed too. Isn't that an infringement on your right to keep and bear arms?
    ...and allows you to carry a loaded handgun in a vehicle.

    Yeah, I agree, it is an infringement; it's also an impairment, as per Article 1, Section 24 of the WA state constitution.
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    Bear 45/70 wrote:
    Isn't that an infringement on your right to keep and bear arms?
    It might be but the history of this country suggests that the right to keep and bear arms has NEVER been absolute. The courts ruled for decades that the Second Amendment only applied to the federal government. That is why so many states have their own provisions written into their constitutions. Even after the court started to work with the idea that the bill of rights should apply to the states they have always agreed that a right did not prevent REASONABLE restrictions on that right. The most quoted example is the idea that you don't have a RIGHT to yell fire in a crowded theater. You can only exercise your right up to the point that it severely infringes on someone else's right.

    Now before you flame me, I agree that we have gone overboard with our definition of "reasonable" restriction, but that is a different argument. Restrictions by themselves are not inherently a violation of your right.

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    heresolong wrote:
    Bear 45/70 wrote:
    Isn't that an infringement on your right to keep and bear arms?
    It might be but the history of this country suggests that the right to keep and bear arms has NEVER been absolute. The courts ruled for decades that the Second Amendment only applied to the federal government. That is why so many states have their own provisions written into their constitutions. Even after the court started to work with the idea that the bill of rights should apply to the states they have always agreed that a right did not prevent REASONABLE restrictions on that right. The most quoted example is the idea that you don't have a RIGHT to yell fire in a crowded theater. You can only exercise your right up to the point that it severely infringes on someone else's right.

    Now before you flame me, I agree that we have gone overboard with our definition of "reasonable" restriction, but that is a different argument. Restrictions by themselves are not inherently a violation of your right.
    I guess you've never read the Washington State Constitution then. Because they are violating the hell out of it too.

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    Bear 45/70 wrote:
    heresolong wrote:
    Bear 45/70 wrote:
    I guess you've never read the Washington State Constitution then. Because they are violating the hell out of it too.
    You aren't the only one who knows anything Bear. I have read the Washington State Constitution. Read my post. You might learn something. The courts have ruled since day 1 of this country that "reasonable restrictions" on rights are not a violation of those rights. The argument, as I stated quite clearly, is the definition of reasonable.

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    heresolong wrote:
    Bear 45/70 wrote:
    heresolong wrote:
    Bear 45/70 wrote:
    I guess you've never read the Washington State Constitution then. Because they are violating the hell out of it too.
    You aren't the only one who knows anything Bear. I have read the Washington State Constitution. Read my post. You might learn something. The courts have ruled since day 1 of this country that "reasonable restrictions" on rights are not a violation of those rights. The argument, as I stated quite clearly, is the definition of reasonable.
    I read your post an your first 2sentences say;

    "It might be but the history of this country suggests that the right to keep and bear arms has NEVER been absolute. The courts ruled for decades that the Second Amendment only applied to the federal government."

    And the first 2sentences are the part I object too. You totally ignore the State Constitution and this is a state law after allso why do you run to the Federal Constitution when we are dealing with a state law.

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    Bear 45/70 wrote:
    I read your post an your first 2sentences say;

    "It might be but the history of this country suggests that the right to keep and bear arms has NEVER been absolute. The courts ruled for decades that the Second Amendment only applied to the federal government."

    And the first 2sentences are the part I object too. You totally ignore the State Constitution and this is a state law after allso why do you run to the Federal Constitution when we are dealing with a state law.
    Because the courts have treated state guaranteed rights just like they treat federally guaranteed rights. No rights are absolute, according to legal theory that has been prevalent at the state and federal level throughout our history. Rights are ALWAYS subject to reasonable restriction.

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    All is right with the world again - my part of it anyway My new baby is now home safe and sound. I called the store and they said to come on down. They called NICS again while I was there, apparently nothing had changed, so I signed on the dotted line and headed on down the road. I have 450 rounds and some targets, only one more day until the weekend.

    Feel free to continue your discussion of the WA constitution, I will be watching this very interesting forum. I don't know that I will be doing any open carry other than in the back country, but there's lots of other good WA oriented info here.

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    duallydave wrote:
    All is right with the world again - my part of it anyway My new baby is now home safe and sound. I called the store and they said to come on down. They called NICS again while I was there, apparently nothing had changed, so I signed on the dotted line and headed on down the road. I have 450 rounds and some targets, only one more day until the weekend.

    Feel free to continue your discussion of the WA constitution, I will be watching this very interesting forum. I don't know that I will be doing any open carry other than in the back country, but there's lots of other good WA oriented info here.
    Glad you got your gun. Don't worry about delays. If you know you're clean, you'll be fine.

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    Bear 45/70 wrote:
    All your CPL does is exempt you from Washington's 5 day waiting period, if the dealer wants too. Oh yeah, it lets you carry concealed too. Isn't that an infringement on your right to keep and bear arms?
    Not really, considering you don't need a license to carry openly in Washington. now if the law said you needed a license to carry, regardless of the manner in which you are carrying, then you'd have a case that your right to bear arms in defense of yourself (as codified in the state constitution) is being impaired.

    And your rights under the 2nd Amendment and Article I, Section 24, strictly speaking, cover the keeping and bearing of arms; they don't say anything about the acquiring of firearms. Obviously, it logically follows that if have the right to keep firearms, you have the right acquire them, but my point is that there's nothing in either constitution to prohibit the government from imposing a delay in acquiring them.

    And I do have to side with heresolong in conceding that rights are, indeed, not absolute. That is, I think it's acceptable, for instance, to impose a legal restriction that prohibits someone from owning firearms when that person has demonstrated a tendency in the past to use firearms for unlawful purposes (such as armed robbery, assault, and/or homicide). So if we take it as read for the moment (I'll allow that you might disagree on this point, Bear, but bear with me, no pun intended) that it's acceptable to prohibit people who have been convicted of a violent felony offense to own firearms, we've established that a limit even on constitutional rights. The question then remains where that limit lies.

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    Euromutt wrote:
    Bear 45/70 wrote:
    All your CPL does is exempt you from Washington's 5 day waiting period, if the dealer wants too. Oh yeah, it lets you carry concealed too. Isn't that an infringement on your right to keep and bear arms?
    Not really, considering you don't need a license to carry openly in Washington. now if the law said you needed a license to carry, regardless of the manner in which you are carrying, then you'd have a case that your right to bear arms in defense of yourself (as codified in the state constitution) is being impaired.

    ...
    I don't remember where either the federal or state constitutions mentioned that the right to keep and bear arms only applies when the arms are visible. Maybe I missed something...

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    Euromutt wrote:
    Bear 45/70 wrote:
    All your CPL does is exempt you from Washington's 5 day waiting period, if the dealer wants too. Oh yeah, it lets you carry concealed too. Isn't that an infringement on your right to keep and bear arms?
    Not really, considering you don't need a license to carry openly in Washington. now if the law said you needed a license to carry, regardless of the manner in which you are carrying, then you'd have a case that your right to bear arms in defense of yourself (as codified in the state constitution) is being impaired.

    And your rights under the 2nd Amendment and Article I, Section 24, strictly speaking, cover the keeping and bearing of arms; they don't say anything about the acquiring of firearms. Obviously, it logically follows that if have the right to keep firearms, you have the right acquire them, but my point is that there's nothing in either constitution to prohibit the government from imposing a delay in acquiring them.

    And I do have to side with heresolong in conceding that rights are, indeed, not absolute. That is, I think it's acceptable, for instance, to impose a legal restriction that prohibits someone from owning firearms when that person has demonstrated a tendency in the past to use firearms for unlawful purposes (such as armed robbery, assault, and/or homicide). So if we take it as read for the moment (I'll allow that you might disagree on this point, Bear, but bear with me, no pun intended) that it's acceptable to prohibit people who have been convicted of a violent felony offense to own firearms, we've established that a limit even on constitutional rights. The question then remains where that limit lies.
    You're one of those guys that can find a reason to justify whatever the a$$holes in government do. The right to keep and bear arms covers the right to aquire or else how the hell would you be able to keep them?

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