Restrictions on Purchase

ChefW · Jun 21, 2008

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I have a question for you all. I recently turned in a 4473 at the local gander mountain to purchase a used S&W MP .40. I got delayed by NICS so I have a few questions based on your experience. The wife and I both moved to ohio as of 3 weeks ago. Is there a certain period of time that I must live in Ohio to be able to purchase a gun. I have an ohio drivers liscence. I spoke with the person at the counter and that all that was required was a drivers liscence from ohio. I spoke to a different person at another gun shop that said I must live in the state for 6 months. I looked all over the ORC and the U.S.C and neither have anything to say on this except that legal aliens must live at the same address for 90 days. I would greatly appreciate your advice. Thanks

MetalChris · Jun 22, 2008

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When I bought my Bersa from a local guy, the issue of not having an OH DL was mitigated by my MIL ID...other than that I've got nothing for you.

/useless post (mine obviously

)

ChefW · Jun 22, 2008

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Thanks for the help. I didn't even think to show my DOD ID card.

Legba · Jun 23, 2008

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To buy a gun from a dealer, you have to supply any combination of government-issued documents which establish your identity (photo), age, and residency - military IDs are not by themselves acceptable because there's no residency information. Likewise passports. We require either a driver's license or state ID card. Long guns aren't a problem, as a shop can take IDs issued by any state, but buying a handgun requires you to be a resident of the state you're buying it in (unless you have an FFL).

For citizens, residency is just wherever you are living at the time. There's not really a minimum period you have to live there, as long as your ID complies with the above standard. For resident aliens, they must have lived in the state continuously for the 90 days immediately preceeding the transaction to be considered residents, correct.

-ljp

ChefW · Jun 23, 2008

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Still haven't heard from the dealer yet, any ideas?

PT111 · Jun 23, 2008

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You say it got delayed by the NICS check. I am not sure but I didn''t think they cared about residency in approving or not. It could well be someone with a similar name as yours or something in yourbackground popping up. Did you give them your SS#? Although it is not required it can help at times with similar names and especially if you have been at your present address only a short time.

Mine has never been delayed but I understand that they have three days to deny it or it is approved.

Legba · Jun 23, 2008

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Delays can be for anything from verifying your identity or immigration status to checking your criminal record for disqualifying criteria. In any case, dealers are allowed to release guns after 3 business days if there hasn't been any response. A lot of places won't release a gun without approval, but if they don't get an answer within something like 3 weeks, they never will.

If you continue to get delayed, you can put in for a Voluntary Appeal File entry, which might include documents like your termination from probation or a pardon or a set of fingerprints or whatever, so that they can refer to that and not end up delaying you every time. Your FFL dealer should have this information available (it's included onthe form about how to appeal a denial). There are only about 1,000 people in the whole country who use that Voluntary Appeal File thing and I've never called one in with that, but it should save you time in the long run if you get keep getting delayed.

-ljp

ChefW · Jun 23, 2008

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PT111 wrote:

You say it got delayed by the NICS check. I am not sure but I didn''t think they cared about residency in approving or not. It could well be someone with a similar name as yours or something in yourbackground popping up. Did you give them your SS#? Although it is not required it can help at times with similar names and especially if you have been at your present address only a short time.

Mine has never been delayed but I understand that they have three days to deny it or it is approved.

Yea I gave my SSN on the 4473. I don't know what the problem is, I'm not a criminal last time I checked. We will see what happens.

J_5 · Jun 23, 2008

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When I got my first gun, I was delayed for about a day. Haven't been since then when I purchased all my other firearms. I suspect your move is causing the flag(s), maybe someone with a similar name in Ohio or something. But since you did provied your ssn, shouldn't take this long.
That's very odd you still haven't heard anything from the dealer, did you try giving them a call?

ChefW · Jun 24, 2008

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Will call today and find out. I will send an update when I know more.

ChefW · Jun 24, 2008

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Well gents, I got approved today. Below is a picture of my new baby. I also got a CQC SERPA lock holster with it. It is a Smith and Wesson MP .40. But enough talk here it is.

MetalChris · Jun 26, 2008

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Glad they finally hooked you up man. It shouldn't have been this hard for you...I'd recommend not ever going to Gander Mountain again...they're a bunch of bastards anyway.

Legba · Jun 26, 2008

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Well, Ohio uses the federal NICS check (through some FBI database in West Virginia - some states have a state database setup that is substitutable) and you'd get the same results wherever the check is done. Unless someone has an utterly spotless record, it has to get reviewed by an actual FBI agent to make sure that there are no disqualifying criteria. If they have incomplete information, you'll get delayed no matter where you're buying a piece. The retailer isn't ever even told the reasons for reviews/delays/denials, so I wouldn't blame Gander Mountain for wasting your time.

Retailers do have the discretion to transfer a gun after 3 business days have elapsed, even without a NICS response, and it would be their "fault" if you didn't get a gun after the time has elapsed, but your situation is by no means unusual (the actual day of the transaction, weekends, and holidays don't count towards the 3 "business days"). We have about a 75-80% instant approval rate here - the rest getting delayed or denied outright. Also, approved transaction records are destroyed within a day after the transaction, so that's why people continue to get delayed on repeated purchase attempts - they don't note that you passed the last check.

As for their being "bastards" otherwise, I don't have an opinion - never dealt with them directly.

-ljp

P229sctohio · Aug 5, 2008

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Hi..new to the forum can you please give some advice.

About a year ago I imported my Perazzi shotgun to the USA in ohio and was approved in about 10mins.

I have now purchased a handgun and it is with my local FFL>

I have a residents card from 2005 to 2015.

I do not have a local driving license yet.

I have a SS. number and I do pay local property tax...and ohio taxes.

Do I have enough information.

Regards..Bryan

Legba · Aug 6, 2008

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Do you mean that you are a permanent resident alien? If so, then no, you don't have enough identification/documents from what you described. You should get a state-issued identification card or drivers license in the state you live in. Also, you will need a copy of a lease agreement, or bank account statement, utility bills - something with your address information for each of the 3 months (90 continuous days) prior to the transaction.

You must have any combination of government-issued documents which establish your identity (photo and birthday) and residency. Your "green card" (with alien registration number) would be required also.

-ljp

P229sctohio · Aug 6, 2008

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Thanks...strange my FFl guy went to register the gun on the phone......

They accepted my green card and a copy of my property tax payment.

No mention of other docs.

They then passed it to FBI and who said it should be done by the 8th and I could collect the gun on the 9th.

We will see.............I also found out it is very easy to get an State ID card. should have done that really..did not know it was so simple.

Legba · Aug 6, 2008

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I guess all that you supplied satisfies the documentation requirement, so I didn't mean to say that you or the shop had done anything wrong. I can say that we prefer to have a state-specific identification at our shop here as proof of residency. As for "registration," they were probably just running the phoned-in background check on you. There is no registration of guns as such in Ohio.

-ljp

LRS76251 · Aug 6, 2008

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Sounds like it could be the fact that you have an active security clearance since you said you are in the military, etc. Its pretty common for LE/MIL and Federal contractor personnel if you've ever had a final security clearance granted to be delayed on the NICS check. I'm a Federal LEO and it happens to me all the time. It happened to me prior to getting involved in law enforcement as well because I worked as a govt contractor and held an active clearance. Your basically getting a hit from AFIS (national fingerprint database) when your NICS check is initiated. Don't sweat it in the future.

Restrictions on Purchase

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