Another Background Check Delay.....

[Mikej]

This thread on ifish has a guy buying from Cabela's, getting a delay and while he's waiting to be cleared Cabela's sells the gun.
http://www.ifish.net/board/showthread.php?p=11716034#post11716034

Any body ever had it happen to them. I was under the impression from my own experience that the gun and check are paid for when you fill out the form? It's been awhile I guess since I've bough new from a dealer. My last was an on-line order and the FFL gets his $s before the paperwork as I recall.

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[ConcreteJungle]

You don't actually pay for the gun at Cabela's until the BGC comes back.

 

[Mikej]

You don't actually pay for the gun at Cabela's until the BGC comes back.

Okay. I haven't ever purchased a firearm from them. So I wonder now, did they take his ten dollars? What about the serial # of the gun being on TWO 4473s now? His, and whoever got the gun in the interim? Seems like a flaky way to do business.

 

[bolus]

Okay. I haven't ever purchased a firearm from them. So I wonder now, did they take his ten dollars? What about the serial # of the gun being on TWO 4473s now? His, and whoever got the gun in the interim? Seems like a flaky way to do business.

Not a good way to do business. but they also charge over retail which isnt a way to get my business either.

 

[soberups]

I thought the delay was for 3 days max?

 

[ConcreteJungle]

Okay. I haven't ever purchased a firearm from them. So I wonder now, did they take his ten dollars? What about the serial # of the gun being on TWO 4473s now? His, and whoever got the gun in the interim? Seems like a flaky way to do business.

the BGC fee isn't paid upfront either. they charge you for everything once the BGC comes back.
i've purchased a few firearms from them so i'm familiar with the process.

 

[ConcreteJungle]

Not a good way to do business. but they also charge over retail which isnt a way to get my business either.

i've never paid over retail for a firearm at Cabela's but then again i can't speak for their entire inventory. i've purchased 3 guns from them in the past 18 months and they've all been below MSRP.

 

[mjbskwim]

I thought the delay was for 3 days max?

After "3 days" have passed, the dealer has the option to transfer the firearm.

All of the information can be found on the 4473 and in the instruction section of the 4473

https://www.atf.gov/file/61446/download

edit: I am not saying that the process should not be discussed here.

Some dealer want the actual response from the ATF before they release the gun.
I don't do much business with these dealers. After the wait,whatever it is now,I expect my firearm. If not that's the last firearm I buy from you
3 months is pure BS

 

[Mikej]

After "3 days" have passed, the dealer has the option to transfer the firearm.

All of the information can be found on the 4473 and in the instruction section of the 4473

https://www.atf.gov/file/61446/download

edit: I am not saying that the process should not be discussed here.

Welp, I've never looked at what the FFL has to fill out after the fact. Being a relative noob to the process I feel good just to get done with my part, and not making a bone-head mistake!

In these times I can't imagine ANY FFL handing a firearm over to a anyone after three days, unless they knew the customer personally. And then even?

 

[Doc In UPlace]

In these times I can't imagine ANY FFL handing a firearm over to a anyone after three days, unless they knew the customer personally. And then even?

I'm always delayed. My security clearance, ironically, triggers an FBI flag because they investigated me FOR the clearance,

I have ID up the keester including a Dept. Homeland Security ID, CPL, armed investigator, and enhanced DL, yet, delayed.

Happened last week, picking up a .22 rifle, had to come back the next day, but in the past have had to wait out the three business days. NO dealer has ever refused the sale nor made me wait longer. YMMV as they say.

FYI, in WA., the three business days begins counting when the form is filled out, and in the case of retail stores here, that's when the piece is paid for (at the same time).

The one exception in my experience was when I was at Wade's in Bellevue picking up a suppressor, the sales guy stayed on the phone 30 minutes until someone came on the line, asked my DOB and city of birth then released the suppressor that same day.

We roll our eyes when we say this: it's the price of being a Secret Squirrel.

 

[Czcombatman]

I'm on my 108th day delay from the Osp... Thanks to The Money Market Pawn shop in Portland they won't release until the Osp clears me. I hold 2 permits in 2 different states including the one with the delay. No felonies or domestic. I get delayed every time, it's up the the shops descression if they want to release on the 4th day or so. Washington state adds another 10 days on top of the federal delay release date. I have a drawer full of legal weapons, it's a ridiculous law, just one way the man gets to violate your constitutional rights. I guess you just have to ask how the shop handles delays before you use them for a ffl transfer. I could have my gun transferred to another ffl and would have had it by now, but at this point I want to see how broken the system is.

 

[IronMonster]

I just got my third deny in three years, not delay, deny. I am 100% legal to own a firearm. After the last one I got it in writing from the FBI just in case I ever had any grief over a failed NICS check. (something to at least show the FFL so they don't freak out too much)

https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals

I have a Washington CPL and Oregon CHL

The most screwed up part about it? the FBI has quit processing appeals. The two rifles I got the deny on where pre-paid and sent to the FFL, About $2700 worth. They are now stuck there. They cant be transferred to someone else. In the past it was a hassle but I figured I could get the deny overturned it was just a matter of dealing with the FBI. Now they are saying it could be 12-14 months before they start processing appeals again and at that point they start with the oldest first. So it could be 18 months or more before I could get it resolved. My attorney has filed a formal complaint with the FBI and wants to sue them but I don't have the cash to make it an issue.

My research shows that about half of all denies are given to people who are later shown NOT to be prohibited persons

You think a delay is a pain, Try dealing with this BS... Its a nightmare. They got you by the cajones and its impossible to do anything without spending real money with on a lawyer. You as an individual cant even contact anyone or ask any questions. You can call the NICS, but they just tell you they cant tell you anything.

Each time I have got it squared around they have told me everything was good, nothing more to worry about, then it happens again. So far I have spent around $7500 fighting this and that doesn't include anything for this latest one, just the last two.

My feeling is I have to fight though, What choice do I have but to spend what ever it takes?

 

[mjbskwim]

Ironmonster,don't you already have suppressors,too?
In Washington I would always get a delay. Usually for about an hour,then it would be clear.
I had a couple delays here and found out after that the store owner doesn't let the gun go until it's cleared.
Now I really don't need a carry permit cause I don't carry on my person much. Sometimes open carry which is common,but mostly just have it with me in the truck
But I got my carry permit just because you don't have a Nics check to buy a gun in this state with the permit. Idaho figure you had that check when you got the permit
So I walk in pay the man fill out the form show them the permit and walk out with new gun
That was worth the move itself

 

[Mark W.]

I guess there is an advantage to being the only person in the USA with my name. Longest I or my son have ever waited for a BGC was during Christmas right after Sandy Hook my son had to wait 4 hours to pickup a rifle. We caught a movie and went back. Longest I think I have experienced has been 15-20 min. Never longer then a phone call from the dealer to the OSP.

 

[Mikej]

A person who experiences a delay might consider obtaining a UPIN and/or providing their SSN on the 4473. Some delays are just a matter of names and numbers being similar to a person who is prohibited purchasing a firearm.

I just asked the wife who has been delayed twice now, her first ever gun purchase was delayed, and now, five years later again, and she does put her ssn on the form. Wifey had some little indiscretion at 19, almost 30 years later it popped up and caused a delay. According to Kieth it's normal for that little booboo to pop up again in five years as it did! And presumably will pop up again in five more. Kieth's wife even said HE was going to get a delay as it's been about five years for him.

I just got my third deny in three years, not delay, deny. I am 100% legal to own a firearm. After the last one I got it in writing from the FBI just in case I ever had any grief over a failed NICS check. (something to at least show the FFL so they don't freak out too much)

https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals

I have a Washington CPL and Oregon CHL

The most screwed up part about it? the FBI has quit processing appeals. The two rifles I got the deny on where pre-paid and sent to the FFL, About $2700 worth. They are now stuck there. They cant be transferred to someone else. In the past it was a hassle but I figured I could get the deny overturned it was just a matter of dealing with the FBI. Now they are saying it could be 12-14 months before they start processing appeals again and at that point they start with the oldest first. So it could be 18 months or more before I could get it resolved. My attorney has filed a formal complaint with the FBI and wants to sue them but I don't have the cash to make it an issue.

My research shows that about half of all denies are given to people who are later shown NOT to be prohibited persons

You think a delay is a pain, Try dealing with this BS... Its a nightmare. They got you by the cajones and its impossible to do anything without spending real money with on a lawyer. You as an individual cant even contact anyone or ask any questions. You can call the NICS, but they just tell you they cant tell you anything.

Each time I have got it squared around they have told me everything was good, nothing more to worry about, then it happens again. So far I have spent around $7500 fighting this and that doesn't include anything for this latest one, just the last two.

My feeling is I have to fight though, What choice do I have but to spend what ever it takes?

You've written about this mess of yours before, what a fricking nightmare!

These bastige politicians want tougher gun laws and they can't even keep a fair system running to deal with the honest buyers!

 

[DuneHopper]

i've never paid over retail for a firearm at Cabela's but then again i can't speak for their entire inventory. i've purchased 3 guns from them in the past 18 months and they've all been below MSRP.

I never go full retail, on sale at Cabelas or I dont go there we are100 miles away so has to be worth the drive and often times it has been BUT.....

 

[IronMonster]

Ironmonster,don't you already have suppressors,too?
In Washington I would always get a delay. Usually for about an hour,then it would be clear.
I had a couple delays here and found out after that the store owner doesn't let the gun go until it's cleared.
Now I really don't need a carry permit cause I don't carry on my person much. Sometimes open carry which is common,but mostly just have it with me in the truck
But I got my carry permit just because you don't have a Nics check to buy a gun in this state with the permit. Idaho figure you had that check when you got the permit
So I walk in pay the man fill out the form show them the permit and walk out with new gun
That was worth the move itself

Yep, I got a fair pile of NFA items, Never had a problem with one.

 

[mjbskwim]

Yep, I got a fair pile of NFA items, Never had a problem with one.

So they kinda know ya.
Our government at it's best

 

[Steve M]

I guess there is an advantage to being the only person in the USA with my name.

Same for me, and I've always supplied my SSN as it's not exactly a secret after the DOD got done with it. Before UBC I enjoyed plenty of private sales, but when buying at an FFL I don't recall ever having more than a few minutes delay beyond the initial hold time on the phone. My most recent purchase was two stripped lowers and the approval came back so fast the employee was impressed.

However, I'm not oblivious to the fact that I'm sitting in a pot of warm water and Prozanski and friends are throwing a little more wood on the fire each legislative session. Idaho seems like a free state to me, but my wife said she would prefer Wyoming or Montana to Idaho so I may have to take her up on that some day.

 

[IronMonster]

Its looking more like a move to Idaho is in my future every day.