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Should I pick up an expired NICS Delay?

Discussion in 'Legal & Political Archive' started by Keane, Nov 4, 2010.

  1. Keane

    Keane Hillsboro, OR Active Member

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    On Monday I went to Bimart and tried to buy a Henry .22 Lever action, but after filling out the 4473, I was delayed.

    Now, as of tomorrow morning, it'll be 3 days so I should be able to pick up the rifle anyway. However, what are the risks of picking it up? What happens if it is denied afterwards?

    This is my first delay, which worries me, particularly with how long it is taking. I had a misdemeanor arrest, which I'm sure isn't disqualifying, however I fear that the FBI could screw this up, I know that the FBI has made mistakes before.

    What are the risks if I pick it up and get denied? Will they come to my door to get it? Will they try to take my other guns? What happens?
     
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    If it is delayed you wont get it until it is OK'd. A delay is not that unheard of and 3 days isnt that long they are just dotting the I's and crossing the X's.

    I dont believe that there is a limit to the time it takes that you automatically get to pick it up so them coming for it isnt a factor at all.
     
  3. Keane

    Keane Hillsboro, OR Active Member

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    According to this: FBI — Fact Sheet

    If there is no response after 3 business days, they can release the firearm anyway.

    If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.

    Oregon law:

    ORS 166.412 3(c):
    (c) If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.
     
  4. glockguy

    glockguy Albany Oregon Well-Known Member

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    since when were people delayed when buying a gun in OR?
     
  5. Keane

    Keane Hillsboro, OR Active Member

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    Since NICS checks were mandated by the Brady Bill in 1993.
     
  6. huntpotter

    huntpotter SW WA Negotiator Bronze Supporter

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    I get delayed all the time. Then 3 days goes by, and the dealer calls that it's ok to pick it up. Nothing to worry about. There won't be an FBI swat team waiting to take you down. Sometimes if it's a Sunday, or a busy time, they just delay the transaction until they get caught up. It has nothing to do with your misdemeanor offense.
     
  7. barrigadaharley

    barrigadaharley hillsboro Active Member

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    my brother got delayed buying a simple remington 870 at bimart and was told that he'll recieve a call from bimart when the delay cleared..it took 2 weeks before he got the call and went to bimart to pick up his shotty..was never given the reason why he was delayed
     
  8. U201491

    U201491 Well-Known Member

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    Call 503-373-1808 ext 408 and ask them to explain their reasons.
    That is the OSP resolution line.
     
  9. Gunner69

    Gunner69 Hillsboro Member

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    Yep and they will tell you to call NICS because they "OSP" aren't the reason for the delay.
     
  10. U201491

    U201491 Well-Known Member

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    It could be anything. I have had the OSP even put me on hold while they sent the local police in and take someone away that was making a purchase for something as simple as an unpard traffic fine. They had a warrant in another county somewhere. Many many things in a persons background can pop up, even things forgotton. If it was in the computer system, it generally gets cleared within a day or two, sometimes even the same day. If it doesn't, in most cases there is something else lurking there. Sometimes just a name mixup. That can happen when someone doesn't put the SS down or someone transposes an odl number. Right or wrong it just happens....
     
  11. elsullo

    elsullo Portland Oregon New Member

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    The OSP folks on the resolution line are actually very nice people and are on your side. You can just talk normally with them in a friendly fashion. I had a complicated delay of two weeks because some bureaucrat failed to mark a checkbox back in 1972, and it involved three different states records! This had never been a problem for me until the Federal computer systems were upgraded a couple of years ago and tended to search harder for more obscure criminal histories. In short, the OSP folks really worked hard for my case, and were very friendly going about it and fixing it.......................elsullo :thumbup:
     
  12. browntown

    browntown Salem, Oregon, United States Active Member

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    I have a very common name, and one that I share with at least one felon that I know of. Although it is optional and makes me think big brother is keeping lists, my checks always go much faster when I fill in my SSN
     
  13. Artilleryman

    Artilleryman Originally from the central midwest but have reloc Active Member

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    yeah 3 days isn't bad for a delay. I'm one of those people who gets delayed frequently- probably 40% - 50% of the time. My last name isn't very common and I use my ssn each time, but I still wind up delayed often, but always eventually clear. never have gotten a reason for it either. some have said past government security clearances can sometimes bog down the process, or if someone w/a similar name has a felony record...but either way I wouldn't worry about it, because it does happen to people more than you'd expect. Bi Mart has the choice of transferring it after the 3 day limit, or they may prefer to wait until you clear but you'll still get it eventually.......as for the question of what would happen if they transferred it to you after 3 days and then the b.g. check came back bad, I have no idea but I'd think somebody would follow up on that.
     
  14. snew

    snew Hillsboro, OR Active Member

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    Go ahead and pick it up. Mark it up to MSRP and sell it here. Take the money and seriously lowball someone else for another gun 3X the value of your original gun. Buy it face-to-face and you will be golden.

    At least I'm pretty sure that's what happens in the classifieds here all the time.
     
  15. Keane

    Keane Hillsboro, OR Active Member

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    Well, heres what happened: Before I posted this thread, I'd called Bimart and made sure they were going to let me have the rifle after the 3 days. I went and picked it up today without a problem.

    I got a call a few minutes ago from Bimart, and the girl said that I'd gotten approved, that the state had just called.

    So much ado about nothing! I figured that using my SSN all this time, and having never been delayed before, that this was a sign of something bad..

    Thanks for the advice all.
     
  16. rayd8

    rayd8 Formerly Portland, now Alabama! Member

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    I've had this problem before too, but I wouldn't reveal your entire SSN. You should be equally fine listing 'LAST FOUR 5555', since it's a pretty slim chance you also share those same SSN digits :)
     
  17. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    I, for some unknown reason, get a blip on the check once in awhile, not always though. But usually, it is approved within an hour.
     
  18. U201491

    U201491 Well-Known Member

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    Yes, I delt with them a lot and they are just folks like you and I. Treated respectfully and they respond in kind. For the thousands of background checks they do, they are always courtious and helpful. Their job would drive me to talking to myself :) Especially on gunshow weekends................
    Those shows also cause delays and system overloads when you consider how many stores as well as the shows are all calling in at once.