Delayed by the ATF...

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  • abrewer15

    Marksman
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    1   0   0
    Apr 19, 2011
    234
    16
    Elkhart, Indiana
    So I bought a gun on gunbroker and went to pick it up at my ffl today. I have my lifetime LTCH and have purchased many a handgun from a dealer. I have never had an issue and have always walked out with the weapon same day. Today was a little different. I was put on a 5 day delay for some reason. I have never been arrested, accused, or charged with a felony or domestic violence disturbance. So what is the reason for the delay today and it has never happened before? This ticked me off to no end. Just curious if anyone has any ideas what may be causing the hold up or if they have been in a similar situation such as mine.
     

    Scutter01

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    Mar 21, 2008
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    Maybe they were having a computer issue, or they fatfingered a letter on your name, or they're just backed up, or any one of a hundred reasons.
     

    abrewer15

    Marksman
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    Apr 19, 2011
    234
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    Elkhart, Indiana
    So your FFL has your gun but they wont let you take it home for another 5 days because of the ATF?


    I guess. I was told that when they run your information it goes through the ATF and they are the ones who decides if you are denied, approved, or put on a delay. So I got the number to the ATF and no one was allowed...or just wouldn't give me a reason why. But they said i could appeal if I get denied...wtf
     

    Sylvain

    Grandmaster
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    Nov 30, 2010
    77,313
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    Normandy
    I guess. I was told that when they run your information it goes through the ATF and they are the ones who decides if you are denied, approved, or put on a delay. So I got the number to the ATF and no one was allowed...or just wouldn't give me a reason why. But they said i could appeal if I get denied...wtf


    Was it a Class 3 gun?
    Usually the FFL just calls the FBI for background check, not the ATF. :dunno:
     

    JohnP82

    Grandmaster
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    12   0   0
    Apr 2, 2009
    10,220
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    Fort Wayne
    There are a number of reasons it can happen. Having a LTCH really has nothing to do with it. Sure it is a PITA, but I wouldn't worry about it too much. If it starts happening more often you can get a UPIN that will take care of it in the future. I have seen some people get delayed every purchase and others every two or three purchases:dunno: I have also seen police officers get delayed before.
     

    abrewer15

    Marksman
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    1   0   0
    Apr 19, 2011
    234
    16
    Elkhart, Indiana
    There are a number of reasons it can happen. Having a LTCH really has nothing to do with it. =

    I was just using that as a reference to the fact that I have it and have no reason to be flagged for delay. IDK what or why it happened, it just threw me off guard seeing as how I have never had to do it before.
     

    JohnP82

    Grandmaster
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    12   0   0
    Apr 2, 2009
    10,220
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    Fort Wayne
    I was just using that as a reference to the fact that I have it and have no reason to be flagged for delay. IDK what or why it happened, it just threw me off guard seeing as how I have never had to do it before.

    I understand. That really does suck though, especially when you are used to walking out with it the same day! Sorry for the wait. Sooo...what are you getting???
     

    Sylvain

    Grandmaster
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    1   0   0
    Nov 30, 2010
    77,313
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    Normandy
    It sucks if you already paid for it, you know they have it at your FFL and you just cant walk out of the door with it.
    And you dont even know why.
     

    Scutter01

    Grandmaster
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    Mar 21, 2008
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    From the INGO FAQ:

    I was denied on my Form 4473 NICS check, but I haven't done anything to make me ineligible! Now what do I do?
    When buying from a dealer as an Indiana resident, you will fill out BATFE Form 4473, which is the National Instant Check System. This is the form that the BATFE will use to do your instant background check to ensure that you are eligible to purchase a firearm. The dealer will provide this form and can answer any questions you have about filling it out.
    Once you've completed the form, the dealer will call it in and receive either a "Pass", "Fail", or "Delay". If you pass, you can leave with your firearm as soon as you complete your transaction. If you receive a "Delay", the dealer must sit on the transaction until the BATFE returns a "Pass" or "Fail". If the dealer does not get a response from NICS within 3 business days, he may transfer the firearm on the fourth business day, not counting the day on which the transaction was initiated (many will deny you the sale without an official "Pass", though). That is, if the transaction is initiated on Monday the 1st and you are delayed, NICS has until Thursday the 4th to give a result. If they do not, the dealer may transfer the firearm on Friday the 5th. The "after 5 days" wording of the FAQ is a bit misleading. Note that NICS does not count Saturdays, Sundays or holidays as "business days," even though the gun shop may be open, and NICS may call back with a result on those days. Delays happen for many reasons and you should not be alarmed if you receive one. If your 4473 comes back "Fail" and you know that you have nothing in your history that precludes you from owning a firearm, you may submit a Voluntary Appeals Form (VAF) and receive a Unique Personal Identification Number (UPIN). This UPIN may be put on future Form 4473's to prevent any confusion or delays.

    Here is the form for the VAF:
    http://www.fbi.gov/about-us/cjis/nic...plete-process2


    Also, here are a couple of other useful links from our forums:
    https://www.indianagunowners.com/forums/genera...me_way_up.html
    https://www.indianagunowners.com/forums/genera...et_a_upin.html
     

    ultraspec

    Sharpshooter
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    2   0   0
    Jun 5, 2010
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    Maybe if the gun is used it is listed as stolen or your name is the same as someone involved in a crime with the same name. Or you bought too many guns lately. Like someone else said could be 100's of reasons. Unless you have something to worry about I would just try to not let it get to you. In the mean time it gives you more time to stock up on ammo for it:ar15:
     

    Squirt239

    Expert
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    11   0   0
    Jun 7, 2010
    1,093
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    North of Brownsburg
    Maybe if the gun is used it is listed as stolen or your name is the same as someone involved in a crime with the same name. Or you bought too many guns lately. Like someone else said could be 100's of reasons. Unless you have something to worry about I would just try to not let it get to you. In the mean time it gives you more time to stock up on ammo for it:ar15:

    used gun, new gun, has nothing to do with it. when a person is called in, the only information given to the FBI is name, dob, height, weight, sex, ssn, state of residence, and the TYPE of firearm (handgun, long gun, other). the fbi doesn't know how many, make, model, or serial number on any single purchase. the preconceived notion that when you call a person in, it registers a firearm, is just absolutely false.
     

    JetGirl

    Grandmaster
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    5   0   0
    May 7, 2008
    18,774
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    N/E Corner
    I have my lifetime LTCH and have purchased many a handgun from a dealer.
    That ^ makes no difference. Each check is its own individual screening.
    and no one was allowed...
    That's right. They don't tell the FFL and they don't tell you. The Call Center will not even know. All they see is a status (no reason).

    So what is the reason for the delay today and it has never happened before?
    Could be a zillion things. Do you have a common name? Somebody else in the country with the same name could have just gotten a restraining order against them or something.
    Don't freak out, it happens. If you get delayed again the next time or two and it bugs you that much, Call your closest field office and ask the agent in charge to talk you through applying for a UPIN. 1-877-FBI-NICS (324-6427)
     
    Last edited:

    ghitch75

    livin' in the sticks
    Site Supporter
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    117   0   0
    Dec 21, 2009
    13,511
    83
    Greene County
    i get delayed all the time...then other times it goes threw the first try.....ass-hat in NC with same name that's a felon.....by noon the next day they call and i go pick it up......applied for UPIN and it's been 4 months and still haven't came in yet:xmad:

    you'll get your gun....
     

    GBuck

    Grandmaster
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    54   0   0
    Jul 18, 2011
    20,194
    48
    Franklin
    Usually the FFL just calls the FBI for background check, not the ATF. :dunno:
    This is true. That's why the info on it, and for the VAF and UPIN is on the FBI website. The documents or records from you being called in are also, by law, required to be destroyed within 24 hours of the end of your check. Who knows if that ACTUALLY happens, but that's the law.
     
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