"Delayed" nics

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  • dlbrown75

    Sharpshooter
    Rating - 90.9%
    9   1   1
    May 2, 2011
    498
    18
    Newcastle, IN
    The last 2 times I've went to buy a rifle from a national chain store I get delayed from the nics system. The current delay is going on 1 week. I am the holder of a lifetime carry permit issued by the state of Indiana. I am very frustrated with this system to say the least. In my opinion this is the government making it difficult for citizens to purchase. Anyone else experience this problem or have any thoughts?
     

    LEaSH

    Grandmaster
    Site Supporter
    Rating - 100%
    43   0   0
    Aug 10, 2009
    5,817
    119
    Indianapolis
    It's bullcrap. Contact your congressmen and explain that it happens everytime and they are expected to address this bull....

    You can also get a unique PIN. having to do that is bull too.
     

    sepe

    Grandmaster
    Rating - 100%
    1   0   0
    Jun 15, 2010
    8,149
    48
    Accra, Ghana
    Get yourself the unique PIN and you won't have to worry about it. I know it isn't something you should have to do but if I were getting delayed and I KNEW I shouldn't be, I'd be getting one to make the process as pain free as possible.
     

    Darral27

    Shooter
    Rating - 100%
    27   0   0
    Aug 13, 2011
    1,455
    38
    Elwood
    It all depends on exactly why you are getting delayed. If it is because of your name a UPIN may help. If you have ever had a criminal charge that makes them look further into it then they will not issue a UPIN to you. Also the delay should only be 3 business days. If they are holding it for more than a week then it is not because of federal law. It may be one of those ignorant store policies. Sometimes the fed's will never get back with the store. If the do not some store's will never let you get your gun.
     

    dlbrown75

    Sharpshooter
    Rating - 90.9%
    9   1   1
    May 2, 2011
    498
    18
    Newcastle, IN
    It all depends on exactly why you are getting delayed. If it is because of your name a UPIN may help. If you have ever had a criminal charge that makes them look further into it then they will not issue a UPIN to you. Also the delay should only be 3 business days. If they are holding it for more than a week then it is not because of federal law. It may be one of those ignorant store policies. Sometimes the fed's will never get back with the store. If the do not some store's will never let you get your gun.


    Unfortunately this is a store with the policy of not proceeding until they get an ok. So, after I found out this information and talked with the local gun store owner; I ordered the gun and its being shipped to his store. He said he will only wait 3 days then proceed.

    And yes, I will be calling my congressman and the Indiana Attorney General. This is abhorrant abuse of power meant to keep legal citizens from owning guns. The FBI can know everything about me in 2.2 sceonds.

    I really dont want to get a number and become part of a data base. I wont.
     
    Rating - 100%
    8   0   0
    May 6, 2012
    2,152
    48
    Mishawaka
    If you have ever had a criminal charge that makes them look further into it then they will not issue a UPIN to you.

    This is inaccurate information.

    I was arrested 17 yrs ago and was convicted of a charge that was supposed to go on my record as an "A" misdemeanor. The charge initially was "D" felony. Fast forward 17 years as I attempt to purchase a handgun from a LGS. After being denied, I appealed the decision. The info that I received from the FBI stated that I had been convicted of a crime that carried a sentence of more than 1year. I looked and an "A" misdemeanor 'xxx' charge carried a max of 1 year sentence. I then pulled my background info from ISP website. I had been a felon for 17years. I immediately contacted my attorney from this incident. He sent me copies of the court paperwork where it stated "A" misdemeanor. I then sent the paperwork to ISP to have my record amended. Afterwards, I sent all the requisite paperwork to the FBI along with an application for a UPIN. They issued me one within a week and a half.

    I have since purchased a handgun using my UPIN and immediately got a 'proceed' response.

    Thus, they WILL give you a UPIN if you have criminal history, even if it means an approval after a delay. The UPIN is designed so they will gather and 'save/store' the info they receive to arrive at the 'proceed' decision instead of destroying it each time.
     

    JB357Mag

    Shooter
    Rating - 100%
    2   0   0
    Feb 26, 2012
    732
    18
    Yea!
    This is inaccurate information.

    I was arrested 17 yrs ago and was convicted of a charge that was supposed to go on my record as an "A" misdemeanor. The charge initially was "D" felony. Fast forward 17 years as I attempt to purchase a handgun from a LGS. After being denied, I appealed the decision. The info that I received from the FBI stated that I had been convicted of a crime that carried a sentence of more than 1year. I looked and an "A" misdemeanor 'xxx' charge carried a max of 1 year sentence. I then pulled my background info from ISP website. I had been a felon for 17years. I immediately contacted my attorney from this incident. He sent me copies of the court paperwork where it stated "A" misdemeanor. I then sent the paperwork to ISP to have my record amended. Afterwards, I sent all the requisite paperwork to the FBI along with an application for a UPIN. They issued me one within a week and a half.

    I have since purchased a handgun using my UPIN and immediately got a 'proceed' response.

    Thus, they WILL give you a UPIN if you have criminal history, even if it means an approval after a delay. The UPIN is designed so they will gather and 'save/store' the info they receive to arrive at the 'proceed' decision instead of destroying it each time.

    How did you get your backround info from the ISP website???

    Jimmy
     

    Darral27

    Shooter
    Rating - 100%
    27   0   0
    Aug 13, 2011
    1,455
    38
    Elwood
    If my info is incorrect it is because the Fed's. That is what I was told when I applied for a UPIN. I had a disorderly conduct charge in Rutherford County, TN. back in 2004. That is the reason I get delayed. I was told because it was a proper charge on my record I was not eligible for a UPIN. However I am a proper person to own a gun. Maybe they gave me incorrect information or maybe it was different rules 17 years ago.
     

    longbarrel

    Expert
    Rating - 91.7%
    22   2   0
    Nov 1, 2008
    1,360
    38
    Central Indiana
    This is inaccurate information.

    I was arrested 17 yrs ago and was convicted of a charge that was supposed to go on my record as an "A" misdemeanor. The charge initially was "D" felony. Fast forward 17 years as I attempt to purchase a handgun from a LGS. After being denied, I appealed the decision. The info that I received from the FBI stated that I had been convicted of a crime that carried a sentence of more than 1year. I looked and an "A" misdemeanor 'xxx' charge carried a max of 1 year sentence. I then pulled my background info from ISP website. I had been a felon for 17years. I immediately contacted my attorney from this incident. He sent me copies of the court paperwork where it stated "A" misdemeanor. I then sent the paperwork to ISP to have my record amended. Afterwards, I sent all the requisite paperwork to the FBI along with an application for a UPIN. They issued me one within a week and a half.

    I have since purchased a handgun using my UPIN and immediately got a 'proceed' response.

    Thus, they WILL give you a UPIN if you have criminal history, even if it means an approval after a delay. The UPIN is designed so they will gather and 'save/store' the info they receive to arrive at the 'proceed' decision instead of destroying it each time.
    Du you mean to say that you have not voted in one single election in 17 years?
     

    Donnelly

    Master
    Rating - 100%
    2   0   0
    May 22, 2008
    1,633
    38
    Cass County
    Also the delay should only be 3 business days. If they are holding it for more than a week then it is not because of federal law. It may be one of those ignorant store policies. Sometimes the fed's will never get back with the store. If the do not some store's will never let you get your gun.


    This /\ above is exactly why I haven't attempted a purchase of a firearm or a stripped lower over the internet yet. I'm sure one of these days I will bite the bullet (pun intended), but I will definitely be asking the LGS if they proceed after a 3 day delay or hold indefinitely.

    Would the purchaser have any remedy? Hopefully the FFL would ship it back for a refund. Of course then you might run into restocking fees...
     

    IndyGunSafety

    Master
    Rating - 100%
    2   0   0
    Mar 11, 2009
    2,888
    38
    Fishers, IN
    The last 2 times I've went to buy a rifle from a national chain store I get delayed from the nics system. The current delay is going on 1 week. I am the holder of a lifetime carry permit issued by the state of Indiana. I am very frustrated with this system to say the least. In my opinion this is the government making it difficult for citizens to purchase. Anyone else experience this problem or have any thoughts?

    You are buying from the wrong stores! Ask what their policy is on delays BEFORE you buy!

    When the NICS system issues a delay they TELL THE DEALER: "If no disposition is received NICS does not prohibit the transfer of the firearm on Friday September 14th, 2012." (Example date, 3 business days after day of transaction) The FFL even writes this info on the 4473 in a specific place provided for it! The dealer can transfer the firearm to you on that date under 2 circumstances:

    1. NICS never called back.

    2. NICS called back and gave a "proceed" on the transfer.

    NICS may call back EARLY and give a proceed. We call NICS daily on all delays to see if the transfer has been approved. It's just a matter of customer service.

    If the shop you buy from will not comply with this because of their own "rules" then go to a REAL dealer who will! :twocents:
     

    JetGirl

    Grandmaster
    Rating - 100%
    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    When the NICS system issues a delay they TELL THE DEALER: "If no disposition is received NICS does not prohibit the transfer of the firearm on Friday September 14th, 2012." (Example date, 3 business days after day of transaction) The FFL even writes this info on the 4473 in a specific place provided for it! The dealer can transfer the firearm to you on that date under 2 circumstances:

    1. NICS never called back.

    2. NICS called back and gave a "proceed" on the transfer.

    NICS may call back EARLY and give a proceed.
    THIS ^. Yep.

    What exactly is it that these other stores are giving as a "reason not to complete the transaction" (after the delay dates have completely passed)?

    Another question...since NICS does not prohibit the transfer after that date, and since the firearm has been purchased by a proper person holding a receipt of purchase...is this not considered theft of property?? Just curious!
     

    IndyGunSafety

    Master
    Rating - 100%
    2   0   0
    Mar 11, 2009
    2,888
    38
    Fishers, IN
    THIS ^. Yep.

    What exactly is it that these other stores are giving as a "reason not to complete the transaction" (after the delay dates have completely passed)?

    Another question...since NICS does not prohibit the transfer after that date, and since the firearm has been purchased by a proper person holding a receipt of purchase...is this not considered theft of property?? Just curious!

    I had a customer come in yesterday and tell me Dick's did this to them on a delay. they are saying it's "company policy".

    I'm not sure what legal ramifications there are to keeping property that is not yours when all requirements have been met for the transfer. If it were me I would certainly be looking in to it. :twocents:
     
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