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Delayed after NICS check

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duallydave

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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.
 
J

joeroket

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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?
 
Mainsail

Mainsail

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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.
Click to expand...
Huge question #1: Did you provide your SSN on the form?
 
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duallydave

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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.
 
L

lmmmmm

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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.
 
D

duallydave

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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.
Click to expand...
That sounds interesting, do i request that through the dealer, or contact NICS directly?
 
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lmmmmm

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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 .
 
E

Euromutt

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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.
Click to expand...
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.
 
E

expvideo

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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.
Click to expand...

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 :D

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".
 
D

duallydave

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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.
Click to expand...
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.
Click to expand...
It was at the Marksman, but Saturday about 4:30 - 5:00.
 
B

Bear 45/70

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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 .
Click to expand...
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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Euromutt

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duallydave wrote:
It was at the Marksman, but Saturday about 4:30 - 5:00.
Click to expand...
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.
 
J

joeroket

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Euromutt wrote:
duallydave wrote:
It was at the Marksman, but Saturday about 4:30 - 5:00.
Click to expand...
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.
Click to expand...
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.
 
just_a_car

just_a_car

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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?
Click to expand...
...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.
 
H

heresolong

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Bear 45/70 wrote:
Isn't that an infringement on your right to keep and bear arms?
Click to expand...
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.
 
B

Bear 45/70

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heresolong wrote:
Bear 45/70 wrote:
Isn't that an infringement on your right to keep and bear arms?
Click to expand...
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.
Click to expand...
I guess you've never read the Washington State Constitution then. Because they are violating the hell out of it too.
 
H

heresolong

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Bear 45/70 wrote:
heresolong wrote:
Bear 45/70 wrote:
Click to expand...
I guess you've never read the Washington State Constitution then. Because they are violating the hell out of it too.
Click to expand...
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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Bear 45/70

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heresolong wrote:
Bear 45/70 wrote:
heresolong wrote:
Bear 45/70 wrote:
Click to expand...
I guess you've never read the Washington State Constitution then. Because they are violating the hell out of it too.
Click to expand...
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.
Click to expand...

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.
 
H

heresolong

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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.
Click to expand...
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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