background check delay... possible reasons?

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dan_sayers
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Post by dan_sayers »

Grrr! Finally gave into the itch. Wouldn't you know it? Gander Mountain had another Thunder 380 with the same finish as mine. Even had a 666 in the serial number. But... background check delayed. I'm not worried, but I'm still mystified. My first was delayed, but my second was immediate. Plus I'm CHL'ed now.

Later, I thought it would be funny to pull out the one I was wearing and ask them if they needed that one back too :P

Seriously though. What's the point of a social security number if it doesn't set you apart from everybody else?

Another question not entirely worthy of a separate topic: What if I had gone to Michigan to buy it? I've heard that they won't sell you one or something like that. Anybody know about all that?
TunnelRat
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Post by TunnelRat »

dan_sayers wrote:Another question not entirely worthy of a separate topic: What if I had gone to Michigan to buy it? I've heard that they won't sell you one or something like that. Anybody know about all that?
Although it is not directly in contravention of federal law for you to purchase a handgun in another state, you would have to have it shipped to a Federal Firearms Licensee here in Ohio. So you would have to add the cost of shipping and the FFL fees. That could add $75 or so to your purchase price. Besides, you'd still have to pass the NICS check there, too.
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dan_sayers
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Post by dan_sayers »

I know the check is federal. Wasn't trying to avoid it. Just when I started my day, had not GM had it, Cabela's would've been my next try.

But why? I'm legal to own and legal to carry. Why would I not be legal to buy up there and carry it home? Even in the trunk if I had to.
GWC
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Post by GWC »

Because federal law only allows you to purchase a handgun in your state of residence. Don't expect a valid reason, most gun laws are knee-jerk reactions. You can buy a rifle or shotgun in a contiguous state.
Mad Duck
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Post by Mad Duck »

I had heard there were suggestions to open up & allow people to buy out of state, since they have a Federal Instant Check (NICS), but the FFL's are opposed to it, I guess they feel they would or could lose their "captive" customer base.
dan_sayers
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Post by dan_sayers »

Guess I should be glad that I was able to find it in Ohio.

It occured to me that the two times it was delayed were both on Thursdays. These guys get 3 days off a week; you'd think that would make them more inclined to NOT sit Thrusdays out :?
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JeffK
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Post by JeffK »

Not all states go through the FBI for NICS checks. In the chain of NICS, there are what's called "points of contact or POC". The POC is the agency that does the actual background check and approves/denies/delays the purchase. Ohio goes directly to the FBI, while Tennessee, for example, uses the TBI (Tennessee Bureau of Investigation). Each state determines how they will perform NICS checks and not all can agree on how this should be done. Also, some states require waiting periods and prohibitions to buy handguns while adjacent states may not. Kalifornia doesn't want you driving to Nevada to buy a pistol that may not be legal for purchase in Kalifornia and then bring it home to Kali the same day. Therefore, I don't see the out-of-state prohibition on handgun purchases ever changing, at least not without other changes too.
ArmorMax
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Post by ArmorMax »

Everytime I have bought a firearm. I have had no delay whatsoever. When I got my shotgun at gander mountain on a thurday, I got through no problem. When I got my beretta, I was done that night. For someone else to encounter this problem makes me scratch my head because of the connectivity of technology that exists. I also have started to wonder what the other side of the phone call is and what software/people are doing the checking. Does anyone find it strange that business doing the background check won't provide/are not provide reasons for delay???
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JeffK
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Post by JeffK »

The POC is not permitted to give the FFL the reason for a Delay or Deny, so they can't tell you and since you don't get to talk to the FBI at NICS, it's up to YOU to contact them to find out why. Privacy Act and all that stuff.

There is one route of relief that may or may not work and that's to get a special waiver form filled out along with a set of prints and a letter (and a check for 15 bucks) and send it to the FBI. They'll then do another background check and SAVE your information to the database which should theoretically prevent Dealy status in the future. I've been considering this as I always get delayed, but I've not done it yet. Going this route is iffy though. It basically gives them permission to keep a record of at least one of your transactions if I'm not mistaken. To some folks, that's a big deal and not worth the potential benefit.
dan_sayers
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Post by dan_sayers »

It should work that way anyways.

FBI: "Let's see... oh, he's a CHL holder. Any infractions since? No? Okay, let him through."

Done.
GWC
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Post by GWC »

Everytime I get checked it clears in about 30 seconds.
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