Background Check Delayed Two Years?

[Val1884]

At no point on this thread did anyone mention or illude to a straw purchase.

Clearly you don't know what a straw purchase is in the eyes of the feds. It's been suggested multiple times. A straw purchase is the intent of getting a firearm via a friend or family Member doing the paperwork when you are unable to complete or pass the check. It's cut an dry.

 

[Nwcid]

Clearly you don't know what a straw purchase is in the eyes of the feds. It's been suggested multiple times. A straw purchase is the intent of getting a firearm via a friend or family Member doing the paperwork when you are unable to complete or pass the check. It's cut an dry.

I am quite certain I do, https://www.atf.gov/firearms/dont-lie-other-guy
"straw purchases," the illegal purchase of a firearm by one person for another.

Also, https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download
Question 21.a. Actual Transferee/Buyer: For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm.
EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may or may not be prohibited). Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "no" to question 21.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown buys the firearm with his own money to give to Mr. Black as a gift (with no service or tangible thing of value provided by Mr. Black), Mr. Brown is the actual transferee/buyer of the firearm and should answer "yes" to question 21.a. However, the transferor/seller may not transfer a firearm to any person he/she knows or has reasonable cause to believe is prohibited under 18 U.S.C. 922(g), (h), (n), or (x).

Zero (0) people on this thread suggested having a 3rd party pick up the firearm and give it to the OP without a proper transfer. That in fact would be a straw purchase. Which post recommended that because apparently my reading comprehension is not that good?

The suggestion was to have a trusted friend or family member take legal possession of the firearm until the OP was able to take legal possession of it. That in no way constitutes a straw. Hopefully the ATF links will suffice for my lack of knowledge.

 

[Member 5605]

Seek legal advice.

Seek legal advice.

 

[GrayGoose]

My background check was delayed because about a decade ago, I was found guilty of Misdemeanor Assault 4 after hitting a cyclist after drinking and driving.

Here's a thought: Don't drink and drive. I have zero sympathy, ZERO, for anyone who injures another due to their own stupidity getting behind the wheel of a vehicle after drinking alcohol. ZERO with a capital F!

 

[Member 34319]

So if I'm getting this right you still owe money on the loan? If you still owe money, I'd likely not want to transfer it back either if I ran the pawn shop. Especially if you let it build interest over this time period. Honestly, it sounds like 114 slapped you in the face and you are now realizing you made a mistake.

Why haven't you paid off the loan?

Why did you only pay the interest?

How much do you owe the pawn shop?

Can you even pay it outright?

If some of the above is NO, I don't really think much can be done. I'd never start up a 4473 on an item that has NOT been fully paid for.

When you pawned it to them for cash, it BECAME THEIR RIFLE. It's not yours until you meet their obligations and complete a 4473.

Me thinks there is a lot of this story not being told.

 

[TTSX]

How much could payments be if split evenly over 2 years? I'm gonna assume this is a fairly inexpensive shotgun so what, $20? $50? Sounds like OP dropped the ball somewhere and is leaving out information. If the shotgun truly was that important, it wouldn't have been pawned in the first place

 

[Member 34319]

How much could payments be if split evenly over 2 years? I'm gonna assume this is a fairly inexpensive shotgun so what, $20? $50? Sounds like OP dropped the ball somewhere and is leaving out information. If the shotgun truly was that important, it wouldn't have been pawned in the first place

I'm starting to get the feeling a 4473 wasn't even filled. I've never heard of a pawn shop starting the process to return a gun to someone when it has not been paid off. Me thinks the OP may not understand the process or is leaving out a good amount of pertinent information.

 

[DunRanull]

Zombieland Rule #12xyz34: NEVER SELL A FIREARM!

 

[ODG_Chad]

Here's a thought: Don't drink and drive. I have zero sympathy, ZERO, for anyone who injures another due to their own stupidity getting behind the wheel of a vehicle after drinking alcohol. ZERO with a capital F!

While I agree with you...we're talking about a decade old misdemeanor here. OP still deserves his Constitutional right to own a firearm.

I might agree even more with recent posts calling out the possibility of the full story not being told by the OP.

 

[kbbb]

Hey folks, OP here, just to respond - I stopped getting email notifications that there were responses here, or simply missed them.

First, I ALSO agree that drinking and driving was a horribly irresponsible choice. It was a transformational experience; I took my punishment seriously. However, more than asserting a constitutional right to own a firearm, I think I deserve some sort of competency with regard to the state being able to conduct a background check over the course of two years. They're competent enough to collect my taxes and so should be able to provide a basic public service in a reasonable timeframe.

As far as leaving out pertinent information, I honestly don't believe I have but I also may not understand firearms transfer policies or pawning as well as many of you do. First, I know that the pawn shop has submitted a background check, because I call regularly to check on its status. It has always been delayed. The employees are often sympathetic. I know because I've talked to FICS and they've referenced the background check and explained what's holding it up.

Some here brought up still owing on the loan, and yes, I still owe the loan amount and am only paying interest. One manager said that I didn't need to keep paying the interest while I was waiting for the background check to return, but I've decided to pay the interest anyway so that I always have a current pawn slip and know I won't lose the firearm because the loan period has expired. Also, and this was simply foolish, but if I'm not going to get the firearm back, I didn't want to also pay them the original loan. A manager recently did bring up the idea of paying off the loan except for $1 so that I could avoid paying interest as I wait, and I may do that the next time I renew the loan. Honestly, I don't have a lot of pawn experience and wasn't aware of that option.

In any case, there's no attempt here to partially disclose my situation. Why would I waste my time, or anyone else's doing that? Best to you all, and have safe and happy holidays.

Again, thanks to those who offered advice.

 

[Skully]

And as far as playing it safe with known feds watching, I honestly don't want to do anything illegal. I'm just trying to get a family firearm back. Nobody in my family has been charged or perpetrated violence against anyone ever (except for my vehicular assault charge which I assure was NOT intentional, just idiotic). I meet the Federal guidelines to pass the background check. Even FICS believes I do, they just can't or won't do the research or obtain the necessary documents, nor have they indicated which docs I need when asked. I'm just dumfounded that this could draw out two years. This is seems like the kind of thing I pay state taxes for. It's also not cool that it's cost me twice as much (or more) in interest waiting for the background check to clear than the amount of the original loan!

Mayne put the name of the pawn shop out? Kinda seems they deserve the bad press tbh if they are being like that

 

[kbbb]

Well, 2.5 years later the background check was finally approved. Since someone asked, the pawn shop was USA Pawn. I didn't have any real pawning experience when I pawned the gun. Now I know better; while all pawn shops are by their nature a little shady, I wouldn't go back to this place. My background check was resubmitted once during the 2.5 years, and FICS took a week to assign a new "delayed" status. As I understand it, they could have returned the gun to me then, but they still refused.

 

[DunRanull]

Did you get the shotgun out of pawn? Is the shottie back in YOUR possession?
If NOT, the cotillion isnt over yet...

 

[gmerkt]

OP: I've been following along with this drama, hoping I would see a resolution to it. 2-1/2 years to get a BGC through, I don't think I'm wrong in saying that seems excessive under just about any circumstances. I can't agree that all pawnshops are shady, but it sure sounds like the one you used might be.

That part in one of your earlier posts re. the pawn broker telling you not to pay the interest, it wasn't necessary during the BGC process. Your paying interest anyway may have been a decisive move in getting the gun back. Meaning, if you had stopped paying, who's to say they would have denied telling you to stop was okay.

 

[Flintlock Tom]

Hey, thanks to all for chiming in here and for these suggestions!

Re: why the Pawn shop isn't working with me on it, I've been frustrated by that, but now assume that they probably just want the gun. At this point, they've gotten lots of interest on the loan, and I'd guess it's good win for them if they can keep the gun, too. There have been a few managers at the shop since this began, and each one has said the same thing: "We follow the federal guidelines" and we don't release any firearms without a background check. Interestingly, my first background check disappeared from the system after the first months long delay, and when submitting it again, it went longer than three days without a response, and they still wouldn't release it to me.

If they claim to follow the "Federal Guidelines" ask them to look at the "FEDERAL" form 4473, block 27d, check the box that says "No response in 3 business days" and release the gun.

 

[fmvolume86]

time to get a laywer, spend that money on a lawyer to right the wrong. misdemeanor is not an end to your rights.

 

[ktgee]

Being held in delayed status that long is very stressful. You know that many people walk away from keep paying and keep delaying.

Not sure how much money you got tied up in this but Is the gun that valuable to keep paying interest on? Do you think about: Give up the gun? Cancel the transaction/BGC? You lose all the interest paid and the gun? The pawn shop wins and sells it?

My question is, how much more will you keep paying and delaying? Start over. Save the money to hire a lawyer to clear that misdemeanor issue.

 

[kbbb]

Sorry for the slow reply, but yes, the firearm is now safely back in my possession. It's a huge relief. And to USA Pawn's credit, the manager called as soon as the check was approved and said he had "some amazing news." He was a standup guy along just doing his job. Still, I think USA Pawn should have made it clearer at the beginning - a post-it-sized note on the front door with fine print isn't enough. Then again, I could have missed something along the way, too. I'm just relieved it's over.

Regardless, I hold Oregon FICS as most responsible for the delay. Interestingly, I'd stopped calling the FICS appeal line for months, and then decided to start calling again. I called once, and 1-2 weeks later it was approved. My guess is that the Background Check just got put at the bottom of a stack - lost, for all intents and purposes - and then I got lucky when someone decided to put enough effort into resolving it, either at FICS or in the courts. Fortunately, it was approved when it was, as I had contacted a lawyer and was getting ready to begin efforts to expunge the Assault charge so that it wouldn't show up in a new background check. The lawyer said expungement would take approx. 8 months in Multnomah Co. - the longest of any Oregon county apparently - and cost around $1000. Oh, and the lawyer did indicate that there might have been a legal way to recover the firearm by transferring ownership to (only?) a family member while in pawn, and then submitting a background check for that individual. I say "might" because I'm not sure I remember the details exactly, and am neither speaking for the lawyer or providing legal advice of any kind, but I was surprised the lawyer brought it up.

And re: whether I would have considered giving up the gun, the answer is absolutely not. I would have travelled to pay the interest forever no matter what the gun is financially worth. It was my dad's, and our hunting trips when I was young are a big part of how I remember him. That shotgun and a few photos are really all I have to remember him by now.

Just glad it's over!

 

[kbbb]

OP: I've been following along with this drama, hoping I would see a resolution to it. 2-1/2 years to get a BGC through, I don't think I'm wrong in saying that seems excessive under just about any circumstances. I can't agree that all pawnshops are shady, but it sure sounds like the one you used might be.

That part in one of your earlier posts re. the pawn broker telling you not to pay the interest, it wasn't necessary during the BGC process. Your paying interest anyway may have been a decisive move in getting the gun back. Meaning, if you had stopped paying, who's to say they would have denied telling you to stop was okay.

RE: Pawnshops not all being shady, I think you're right. And yeah, that's why I paid interest every two months to renew it! There was new manager every four months it seemed, so I didn't have any confidence that they were going give me any benefit of the doubt. Still, for what it's worth, I could have paid down the debt to, say, one dollar, and then paid interest on that dollar every two months while having a legal loan/claim to the gun. That's probably where I failed.

 

[Camelfilter]

Never having pawned anything, and hopefully never will...

With interest, what did this escapade cost you in total? Vs the "loan" itself?

Would you pawn anything of intrinsic value again?