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NICS Background Check Question
National Instant Criminal Background Check System Fact Sheet ^ | Sunday, March 13, 2005 | Flyer

Posted on 03/13/2005 2:12:22 PM PST by Flyer

I went to a local sporting goods store last Wednesday to purchase a SIG P229.

I did not get and immediate PROCEED from NICS.

I can think of two possible reasons - I know there is someone in Texas with my exact name with some violent criminal history, and I have a misdemeanor conviction for illegal carrying 3 1/2 years ago (not a dis-qualifier).

Either may have set off the alarms for a deeper check.

The last dealer purchase I made was before the Brady Law. This dealer told me that if he hasn't heard from NICS in 7 - 10 days he can (must?) sell me the gun.

From the FBI NICS Fact sheet:

On the third business day of a DELAYED transaction, the NICS Examiner is required to call the FFL and advise him/her of their rights under the Brady Act to transfer the firearm after the third business day. If the delayed transaction cannot be resolved within the allowed three business days, it is at the discretion of the FFL whether to allow the firearm transfer. However, the NICS Section continues to research the case in an effort to obtain complete disposition information. Business days do not include the day the check was initiated Saturdays, Sundays, and any day state offices in the state of purchase are closed.

So the dealer MAY sell it to me after 3 business days, at his discretion.

Is there a MUST sell after a certain period? (Where did the dealer get the 7 - 10 day figure)

Thanks in advance for any help.


TOPICS: Miscellaneous
KEYWORDS: banglist; guns; nics

1 posted on 03/13/2005 2:12:23 PM PST by Flyer
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To: Eaker; humblegunner; Squantos; Shooter 2.5; All; yall

Anyone know any more than I have posted?


2 posted on 03/13/2005 2:13:58 PM PST by Flyer (That flight attendant is not missing playing below the bridge at this exact moment)
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To: Flyer; TexasCowboy

Was that a class C or D charge that prevents you from getting a CHL here in Texas ??

TC has a buddy that teaches CHL I believe...maybe a local call can answer yer question....

One good reason to have a CHL as it precludes-supercedes the NCIC check for a purchase. BatFag-Eeeeee's say the CHL is better than any phone check so yer in like flynn for shop and go !


3 posted on 03/13/2005 2:25:38 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Squantos
It's was a Class A misdemeanor that keeps me from getting a CHL for another year and a half.

But as I understand it, that is not a disqualifer for a purchase.
4 posted on 03/13/2005 2:31:19 PM PST by Flyer (That flight attendant is not missing playing below the bridge at this exact moment)
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To: Flyer

Keep me posted if ya have time and will do so....a learning situation. Get that CHL as soon as possible !


5 posted on 03/13/2005 3:07:50 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Flyer
I know there is someone in Texas with my exact name with some violent criminal history

If you provided your Slave Surveillance Number (optional on 4473) this should have distinguished you from the person described above.

6 posted on 03/13/2005 4:06:00 PM PST by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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To: Flyer; Squantos
Flyer just wants a small gun.




7 posted on 03/13/2005 5:49:33 PM PST by Eaker (stop and kick dirt on these n00bs actin like b00bs.......:o) - Squantos 18-Feb-05 -)
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To: Eaker

Damn ......you wash that in hot water again ?


8 posted on 03/13/2005 6:15:43 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Squantos

Ya would think that I would know better.


9 posted on 03/13/2005 7:14:52 PM PST by Eaker (stop and kick dirt on these n00bs actin like b00bs.......:o) - Squantos 18-Feb-05 -)
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To: Flyer

It may be a state thing; some states have additional waiting periods. What state are you in?


10 posted on 03/13/2005 9:30:10 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: AdamSelene235
I did, but I'm not wondering why I got a DELAYED, I'm just trying to figure out what happens afterward.

The dealer may sell it to me after 3 business days, but the NICS check continues.

Is there a time period when the NICS check stops and the dealer gets a PROCEED?

11 posted on 03/14/2005 5:10:41 AM PST by Flyer (That flight attendant is not missing playing below the bridge at this exact moment)
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To: Spktyr

I'm in Texas. My research says Texas only uses NICS.


12 posted on 03/14/2005 5:11:43 AM PST by Flyer (That flight attendant is not missing playing below the bridge at this exact moment)
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To: Flyer

That's correct. Since that's the case, it's just the dealer's policy. They *can* sell it to you after three days with no rejection, but they don't *have* to.


13 posted on 03/14/2005 10:44:49 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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