Author Topic: OT Back Ground Check (Read 1176 times)

Tractorsaw1 · « **on:** August 20, 2009, 02:35:40 PM »

Went to Dicks Sporting Goods sometime in mid to late July to buy the camo stock rifle for the stocks. Store only had 308 in the box left, Stocks looked great & said i would take it. I figured i could part out the rest & have a reasonable amount of money in the stocks. Problem is its been over 3 weeks & no answer on the back ground check, what gives? I called the store twice in 2 weeks, figured if i am a fugitive or wanted person it wouldn't take that long to deny it & the cops would be here by now, for crying out loud its a single shot in 308! Is this what this country has come to? Anyone else have any experiences with the check? I had called the barrel assy program & they said the stocks would be available in a month or 2, guess i will get it from them before my background check gets the nod. Thoughts & ideas?

chipmunk · « **Reply #1 on:** August 20, 2009, 02:41:01 PM »

Wow thats crazy. I did one earlier today (20 gauge tamer!) and it took me longer to fill out the forms then it did for the guy to get the approval. In fact that is the only thing about this entire purchase that went smoothly.

Something sounds wrong here to me.

trotterlg · « **Reply #2 on:** August 20, 2009, 03:02:31 PM »

Someone correct me if I am wrong, but I think after one week and no answer you can walk out the door with it and neither the store or anyone else can do a thing about it. Larry

quickdtoo · « **Reply #3 on:** August 20, 2009, 03:07:37 PM »

Sounds like someone dropped the ball, here's what the ATF says about background checks.

Tim

http://www.atf.gov/firearms/faq/faq2.htm#p34

(P34) Will NICS provide an instant response? [Back]

NICS will not always provide an instant response. Licensees will receive either a “proceed”, “denied”, “delayed”, or “cancelled” response from NICS. If a “proceed” response is received, the transfer may proceed. If a “denied” response is received, the transfer may not proceed. If a “delayed” response is received, the transfer must be delayed until a “proceed” response is received from NICS or until the lapse of 3 business days, whichever occurs first. Of course, the licensee must still comply with any waiting period requirements under State law. See Question P29 for a discussion of cancelled transactions.

(P35) For purposes of the Brady law, what is meant by a “business day?” [Back]

A business day is defined as any day on which State offices are open.

(P36) If a licensee contacts NICS on Thursday, December 2, and gets a “delayed” response, when may the licensee transfer the firearm if no further response is received from NICS? [Back]

The firearm may be transferred on Wednesday, December 8. Assuming State offices are open on Friday, Monday, and Tuesday, and closed on Saturday and Sunday, 3 business days would have elapsed at the end of Tuesday, December 7. Therefore, the licensee may transfer the firearm at the start of business on Wednesday, December 8. The 3 business days do not include the day the NICS check is initiated.

(P37) What should a licensee do if he or she gets a “denied” response from NICS or a State point of contact after 3 business days have elapsed, but prior to the transfer of the firearm? [Back]

If the licensee receives a “denied” response at any time prior to the transfer of the firearm, he or she may not transfer the firearm.

[18 U.S.C. 922(d)]

kynardsj · « **Reply #4 on:** August 20, 2009, 03:10:29 PM »

In Alabama if you haven't heard back from the feds in three days you can pick up your gun. Somebody at the store has dropped the ball on this one. IMHO

Tractorsaw1 · « **Reply #5 on:** August 20, 2009, 03:22:15 PM »

This is what i thought. So how can i persuade them in a manner that will work verses wanting to bust heads? Thanks Guys

Tractorsaw1 · « **Reply #6 on:** August 20, 2009, 03:23:07 PM »

This store is near st louis mo.

quickdtoo · « **Reply #7 on:** August 20, 2009, 04:09:10 PM »

Have em process it again if they won't just complete the transaction. You could call the ATF for help too.

Tim

http://www.atf.gov/field/kansascity/index.htm

bigvarmnt · « **Reply #8 on:** August 20, 2009, 04:44:34 PM »

Tracsaw, Our new administration now calls them Tactical Sniper Rifle. You shouldn't have one with your record. (Lawabiding) If they are really going to offer the camo stocks it's good news. Bout time. I would just get the stocks if that's all you want. Might just keep you out of trouble not having that rapid fire, high capacity assault weapon.

bluebayou · « **Reply #9 on:** August 20, 2009, 08:19:32 PM »

I don't know about Dick's, but WalMart's POLICY, not law, is that we will not sell the firearm until a "proceed" is given. The law says that we CAN sell the firearm after 3 days, but we don't.

Maybe Dick's is the same way?

It is worth a phone call to their store manager to find out. You have called twice. Who did you talk to? What did they say?

petemi · « **Reply #10 on:** August 21, 2009, 05:14:11 AM »

We really need to get our beans in a row and push super hard on the Second and Tenth ammendments. We are being overrun by our own government.

Pete

mechanic · « **Reply #11 on:** August 21, 2009, 04:45:28 PM »

In Georgia if you have a carry permit, theres no check. Just fill out the form and go. Makes it worth the sixty bucks for the permit not to have to hassel with checks.

Ben

bluebayou · « **Reply #12 on:** August 21, 2009, 06:14:40 PM »

$60!!!

Wow, it's $140 here.

trotterlg · « **Reply #13 on:** August 21, 2009, 07:16:31 PM »

In Washington state it is $65.25, no classes, no training, pay your money and get your card. Larry

quickdtoo · « **Reply #14 on:** August 21, 2009, 07:55:07 PM »

It's $55.25 here, but then ya have to renew it every 5yrs for $32 IF you remember to renew before it expires, $42 if within 90 days after expiration, and a new permit fee after that!

I considered it, but choose to just let em do background checks, they only take a few minutes, never been delayed, spend that money on more toys!

Tim

http://www.clark.wa.gov/sheriff/community/firearms.html

wreckhog · « **Reply #15 on:** August 22, 2009, 01:48:51 AM »

Many gun stores have a sign saying that you will be charged 20-20 bucks for a DENY. Dunno if they do it as I have never gotten a DENY. The idea is that after 3 days, PROCEED is implied unless they are told to DENY, which they can probably confirm (either way) by calling the FBI. If it is a DENY, you can appeal. You can apply for a Universal PIN, if you are consistently DELAYED. Keeps your info on file.

Tractorsaw1 · « **Reply #16 on:** August 22, 2009, 08:55:24 AM »

This is the first problem i have had. I bought a pistol maybe ten years ago, No problem. 2 or 3 years ago bought my handi 45-70 from a buddy of mine who has his ffl, he called when i showed up @ his house, no problems. Now this ordeal. I was too busy friday to call @ work & forgot about it, I will call this afternoon & see what gives.

kynardsj · « **Reply #17 on:** August 22, 2009, 09:05:22 AM »

$20.00 for a ccw permit in Alabama and you have to renew every year and still go thru the check when buying a gun.

trotterlg · « **Reply #18 on:** August 22, 2009, 11:13:54 AM »

In WA state if you buy a hand gun and have a card you walk out the door with it, if not, it is a week. And Quick is right, it is $55.25. Larry

Tractorsaw1 · « **Reply #19 on:** August 26, 2009, 01:22:38 PM »

Called the store & got no where with the clerk. Check was delayed on July 28. We can't do anything until proceed is given. Looks like tomorrow I will look into calling the FBI myself.

chipmunk · « **Reply #20 on:** August 26, 2009, 01:56:35 PM »

If that doesn't work you might try to walk in and tell them to cancel the whole deal, then walk out, walk back in and start the process over again. If you're lucky they'll let you do it and you'll get a proceed this time.

When I did mine the other day, the guy told me he has never gotten a delay when the SS# is on the form. He said about 1 in 5 gets a delay if you don't list it. Don't know if it's true but that's what he said.

Good Luck

quickdtoo · « **Reply #21 on:** August 26, 2009, 02:12:16 PM »

I NEVER list my SSN, retail store practices don't give me much comfort that they'll protect my interests for the time they're required to maintain the 4473. Most stores just keep their book under the counter where anyone has access to it, sometimes they even leave it laying ON the counter!

On top of that, the 4473 had my driver's license number on it, might just as well give em my bank account number too!!

Tim

GRIMJIM · « **Reply #22 on:** August 26, 2009, 02:30:27 PM »

I almost always get delayed. I did something dumb as a kid and ever since it throws a red flag up and they have to check extra records to make sure I'm legal. Which I am. So I feel your pain, good luck with this.

mechanic · « **Reply #23 on:** August 26, 2009, 02:53:18 PM »

Walked into a gunshow a couple weeks ago, bought a derringer, gave my permit, gone from the vendor table in 5 min. When I walked out, it was in my pocket and legally so. In Ga. if you don't have a permit, the firearm must be in the open in your auto. Thats just not something I'm willing to do. Mine stays within reach but out of sight. I also got my wife a permit, so that if I left the gun in the truck, she was legal.

aromakr · « **Reply #24 on:** August 26, 2009, 04:21:16 PM »

Sure glad I live in Montana. No permit requires for a concealed weapon unless you are within the city limits, then one required, but easy to obtain. And then the definition of concealed is "If anypart of the weapon is covered by an article of clothing its considered concealed, however get this. A back pack, fanny pack or ladies purse is NOT considered an article of clothing, so those places a weapon is not concealed." Just love it here.
Bob

wtroger · « **Reply #25 on:** August 26, 2009, 05:03:57 PM »

I am an FFL and I will not transfer a firearm on a delay. When I get the occasional Delay I immediately ask to talk to the FBI agent on duty to try and clear the transaction. This usually works. By the way you will need the NICS transaction number to contact the FBI about this transaction and I am not sure they will talk to the customer. The reason I will not Transfer on a delay is that if it comes back a deny after the 3 business day wait and the firearm has been transferred then they come to your house and arrest you and confiscate every firearm they find on the premises. Because you are considered a disqualified person.