Tired of being “Delayed”

[bikemutt]

Submitting a Voluntary Appeal File application (VAF) and receiving a Unique Personal Identification Number (UPIN) will not help in the least bit as far as being DELAYED goes.

Folks need to understand what an appeal is (the middle word in Voluntary Appeal File); you Appeal when your are DENIED. A UPIN, which is the key your VAF, means your DENIAL is automatically appealed and ruled in your favor every time a BG check is run. In electrical terms, it's a short circuit.

Some of us less fortunate folks get denied because of mistaken identity, maybe a prior arrest that wasn't properly cleared etc. Submitting a VAF and receiving a UPIN causes the almost certain deny to be appealed and proceeded all during one BG check.

In any case, a UPIN/VAF is a sure way to the Examiner queue, folks who work for the FBI NICS, not the civilian call center. If the examiner queue is full before closing time; delay. If the BG system is buried in "business", count on a delay.

I may be wrong about this but UPIN/VAF will almost never help with being delayed. I've only had my UPIN since 2010 so maybe I'm still a rookie

 

[ZA_Survivalist]

Yes, the FBI website lists a Myriad Of reasons. I would think by submitting your SSN, it would weed out 99.99999999999% of the possibilities..

That truly sucks man. Id be pissed if I kept getting delayed.

 

[TCOV]

Submitting a Voluntary Appeal File application (VAF) and receiving a Unique Personal Identification Number (UPIN) will not help in the least bit as far as being DELAYED goes.

Folks need to understand what an appeal is (the middle word in Voluntary Appeal File); you Appeal when your are DENIED. A UPIN, which is the key your VAF, means your DENIAL is automatically appealed and ruled in your favor every time a BG check is run. In electrical terms, it's a short circuit.

Some of us less fortunate folks get denied because of mistaken identity, maybe a prior arrest that wasn't properly cleared etc. Submitting a VAF and receiving a UPIN causes the almost certain deny to be appealed and proceeded all during one BG check.

In any case, a UPIN/VAF is a sure way to the Examiner queue, folks who work for the FBI NICS, not the civilian call center. If the examiner queue is full before closing time; delay. If the BG system is buried in "business", count on a delay.

I may be wrong about this but UPIN/VAF will almost never help with being delayed. I've only had my UPIN since 2010 so maybe I'm still a rookie

Your post mirrors my experience with the UPIN. before UPIN I got occasional denials and after UPIN get delayed about 2/3 time if filed by computer but usually proceed if phone called. I'm guessing the computer check sits in the inbox and goes to delay if they are too busy but they seem to respond to phone call with a higher priority. The delay is one or two days and frustrating, especially if the dealer is 100 miles away. When I got my UPIN you had to successfully appeal a delay to get one. I don't know if it's still like that.

 

[bikemutt]

When I got my UPIN you had to successfully appeal a delay to get one. I don't know if it's still like that.

I think you meant to say appeal a deny, not a delay, there's no way I know of to appeal a delay.

In any event, last I heard is NICS isn't even processing denies, something about being understaffed and too busy. Maybe they fixed that by now.

What seems odd to me is I've never been delayed when buying a long gun in OR, maybe because it goes through OSP and OSP always gets through to FBI, who knows. In WA it's a crap shoot.

 

[titsonritz]

Call OSP @ 503.373.1080, leave a detailed message including a return phone number.

ETA: Oops sorry. Just noticed you're in WA. Nevermind.

 

[TCOV]

I think you meant to say appeal a deny, not a delay, there's no way I know of to appeal a delay.

In any event, last I heard is NICS isn't even processing denies, something about being understaffed and too busy. Maybe they fixed that by now.

What seems odd to me is I've never been delayed when buying a long gun in OR, maybe because it goes through OSP and OSP always gets through to FBI, who knows. In WA it's a crap shoot.

Yes, thanks for the correction.

 

[MrRob96]

Yes, the FBI website lists a Myriad Of reasons. I would think by submitting your SSN, it would weed out 99.99999999999% of the possibilities..

I don't think putting your SSN does bubblegum.

I got delayed about 50% of gun purchases for no apparent reason. I have no record ever, any where. I started putting my SSN on the 4473 until one day I got a denial... With SSN.

I requested the reason for denial and they directly sent an approved appeal in 10 business days. Never been delayed since. Knock on wood.

If you really are being mistaken for a bad guy, maybe a royal screw up on NICS end will get it cleared up.

So what I'm saying is buy guns like crazy until you get a denial then enjoy your delay free status.

*This post made in sarcasm. Do not follow any suggestions in this post.*

 

[bikemutt]

The irony of it all; bought a SA XD-E I'd been eyeing on Friday last week, delay. Picked it up Tuesday. It's just how the system rolls.

I recall an instance when I lived up north of here, DJs Bothell. Four of us filled out 4473s. They called them in on the same phone call. The 3 others got delayed instantly, I was proceeded.

It is what it is I guess.

 

[kamaaina1]

Yep! Wouldn't you know it! Finally picked up both pistols yesterday, bought 2 weeks apart... Go figure

 

[billdeserthills]

Has anyone submitted this application. Is it worth its weight, or just big brother looking in?? I'd be willing to do so, but.....

I have actually done this twice, cause I had my rights restored twice. Last time I used my Upin# the sale went through immediately, however that was because I had learned that extension 6 had to be pressed and the FFL listened to me. I bought a FN 5.7 and it took a few minutes-That was 10+ years ago. Since then I received a new Upin # after a 2 year investigation by the atf/fbi from my 2nd rights restoration, by the time I got this Upin I had already received my DPS CCW which in my state negates the phone call to the atf/fbi/nics, so I currently have no need for the Upin# at this time.
Big Bro has bigger fish to fry than a guy buying a few guns a year, if you can stand getting 4 pages of fingerprinting done, and making copies of all relevant paperwork including your drivers license and ccw cards you might as well fill out the paperwork--The first time I did, I received a complete background check folder along with a beautiful certificate suitable for framing & I actually used that folder of info to get my FFL, the ATF was so happy cause I made them a copy of the folder & everything went right on through very fast

 

[billdeserthills]

Who are you using for your transfers?
I was delayed a couple of times until I started using a different FFL to do transfers.
It may not be you but the FFL your using. They're not delaying you but them.

Before I got Denied the first time my FFL was aware of my delay difficulties, he used to release the gun to me & say "If I call you, you'd better come running back here with that gun"--Hard to find that kinda customer service these days
Of course when that day arrived, I did get right back to him, he was freaking out!

 

[kamaaina1]

Well, two more "delayed" in queue. Thankfully, I have never been denied> Anyway, filed for a UPIN. Wont help current delays, and surely wont help any of my next two years of firearms purchases. Got the letter back from NICS. They a just now starting on August 2015.....

 

[billdeserthills]

Well, two more "delayed" in queue. Thankfully, I have never been denied> Anyway, filed for a UPIN. Wont help current delays, and surely wont help any of my next two years of firearms purchases. Got the letter back from NICS. They a just now starting on August 2015.....

I applied for my newest UPIN # in 2015, it took them over 2 years to get back to me with that new #, along with a certificate suitable for framing, saying I was now cleared (after over 2 years) to return to the seller and now make purchase of the gun I had filled out a 4473 form on (2+ years prior) as if that shop is still holding onto that gun, just waiting for me to get this bs straightened out

 

[Steve823]

I've been 'delayed' everytime for the last 20 years. I usually just put up with the 3-day delay. Now I've run into a situation with Sportsmans Warehouse who refuses to release a firearm unless they get a 'proceed' from NICS. The problem with that is to my knowledge NICS has never responded one way or the other. I've used my SS# and not and it does not matter.
Last night the thought crossed my mind that you could make the case that Sportsmans Warehouse and NICS are in collusion to deny my right to buy a firearm. That is the end result. Maybe an ambitious lawyer would like to sue NICS and Sportsmans Warehouse on that issue?

 

[WALawyer]

^ Nope. The Second Amendment applies only to government actors. A private store not wanting to sell you a firearm is not actionable under any law. You just have to find a better dealer, that's all.

 

[billdeserthills]

I've been 'delayed' everytime for the last 20 years. I usually just put up with the 3-day delay. Now I've run into a situation with Sportsmans Warehouse who refuses to release a firearm unless they get a 'proceed' from NICS. The problem with that is to my knowledge NICS has never responded one way or the other. I've used my SS# and not and it does not matter.
Last night the thought crossed my mind that you could make the case that Sportsmans Warehouse and NICS are in collusion to deny my right to buy a firearm. That is the end result. Maybe an ambitious lawyer would like to sue NICS and Sportsmans Warehouse on that issue?

What you say about Sportsmans warehouse is true, I have heard it many times from other folks who likewise get delayed. In AZ you have three choices: get a u-pin #, get a CCW card, or buy your guns second hand. Sportsmans is afraid they'll lose their FFL, and they obviously don't care if they sell to delayed folks or not.

 

[kamaaina1]

Yeah, still on day 15 & 20 Of delays for two firearms at Sportsman's. They don't honor the three day Brady law. If the delay exceeds 29 days, I need to re-submit applications. Only reason I purchased at Sportsman is its just a few blocks from my house.
Might just have to find a new FFL/ Dealer

 

[billdeserthills]

Yeah, still on day 15 & 20 Of delays for two firearms at Sportsman's. They don't honor the three day Brady law. If the delay exceeds 29 days, I need to re-submit applications. Only reason I purchased at Sportsman is its just a few blocks from my house.
Might just have to find a new FFL/ Dealer

I had an FFL for several years & the vast majority of delayed people are never given a 'proceed' designation by the fbi/nics. I am convinced that is done on purpose.

 

[Steve823]

I had an FFL for several years & the vast majority of delayed people are never given a 'proceed' designation by the fbi/nics. I am convinced that is done on purpose.

I can understand when they're swamped their reluctance to reply when there's no reason to deny because the law reads that the FFL may release the firearm after 3 days. Sportsmans Warehouse is the only one I've run into that wouldn't follow that option. If they're that scared of making a mistake they should get out of the business. I read an article their gun sales was way down the last quarter. Can't imagine why.

 

[Steve823]

Yeah, still on day 15 & 20 Of delays for two firearms at Sportsman's. They don't honor the three day Brady law. If the delay exceeds 29 days, I need to re-submit applications. Only reason I purchased at Sportsman is its just a few blocks from my house.
Might just have to find a new FFL/ Dealer

That's what I did. Worked out great.