# NICS Delay



## Orlando (Apr 12, 2004)

Went to pick up a 1911 that I bought at my local FFL. I was put on delay. This is the second time it has happened to me. First time about six months ago. I figured it was a fluke but now its getting to be a pain. I know I will ge the pistol but having to wait three days everytime I want to purchase a firearm is pretty inconvient. Any ideas on how to clear this up ? Thanks


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## Smallmouth Crazy (Apr 4, 2006)

I have heard that once you get delayed once it could happen more often, not so sure I believe that though, a few years back I went to a shop and bought 2 Contender frames, walked out the door with them inside of 10 minutes, a few months after that I was delayed for a 700VS in 223, I was a bit surprised by it back then you had to wait 2 or 3hrs before you called back, I hung around the shop for about 45 minutes and then told the manager that I had to be back home soon to pick my kids up from school, since he wasnt the one who made the original call on my check he called them back....30 seconds later they told him to let me have it, I have not been delayed since then and have done many checks, I think they just randomly delay people for no real reason other than to make it look like they are doing there job.


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## Treebass227 (Jul 31, 2006)

If you have a common name you are more likely to get delayed, or if someone with the same name has robbed a bank, shot someone, got busted for drugs,etc, that could get you a delay. After the Virginia Tech thing, everyone got delayed for the next week or so. Could be lots of reasons. Its definitely not a fullproof system, but I have seen it keep guns out of the hands of a few people that in my opinion did not need a gun. ( at least until the next gun show)


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## Orlando (Apr 12, 2004)

I don't really have a problem with the system except I can't go to a gunshow and buy from a dealer because of the delay. There has to be a way to clear the flag from my name? After all I give my SS number, how many criminals have the same SS ? None !


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## Smallmouth Crazy (Apr 4, 2006)

I havent been delayed since then, my only problem with the system is that the 1 time I got delayed the manager of the store was able to call back 45 minutes or so later and push it through for me(yeah sure I appreciated the heck out of it at the time) but in my opinion if someone delays me for whatever reason that person should be the one who says yes or no on whether I get it or not, I mean only they know why they delayed me..so they should have to research it more and make the descision.


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## Orlando (Apr 12, 2004)

I don't think thats how it works. When they do a computer check if a flag is thrown you get delayed. Then it is passed to someoen else who has to research it farther. It can take minutes or days. If after three working days (the day it was delayed doesn't count towards three working days)the FFL hasn't heard back they are allowed to proceed with the sale. Thats how it happened the first time. Never heard back yea or nea , after three days it was mine. Thats probably how it will happen this time. If it was just a hour I wouldn't really care but the three working day wait stinks. I was delayed on Friday, if I don't hear anything back sooner I can take possession on Thursday.


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## Smallmouth Crazy (Apr 4, 2006)

But if a flag was thrown on me(and Im not sure they just dont delay people to make themselves look like they are being diligint) how can the shop call back 45 minutes later and get me approved in a matter of seconds when there was a supposed issue before


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## supercanoe (Jun 12, 2006)

A flag goes up in the system when you buy multiple firearms in a certain time frame. I don't remember what the time frame was exactly. I had a problem about 6 or 7 years ago when I had purchased several guns close together. I then went to a DU event in wisconsin and won a shotgun. I couldn't clear the background check, and had to stay in wisconsin for an extra day. After many phone calls trying to find out what the holdup was, I was told that I had been flagged for multiple firearm purchases in something like a 3-6 month period. It finally cleared after 2 days, and I got my free gun. I wasn't going home without it.


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## Smallmouth Crazy (Apr 4, 2006)

I guess that could be, I cant remember the exact time frame on mine since it was several years ago, but heck before the checks system came into play they said you could have 3 guns a day(like most people could afford that ) but a dealer told me he could put up to 3 guns on a form..if I wanted anymore than that then they would have to alert the ATF or somebody that I bought that many guns.


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## Orlando (Apr 12, 2004)

I really don't think I'm being flagged because of mutiple purchases. I did pick up the pistol today and had a talk with the FFL. He suggested I contact NICS and ask why I'm being flagged and what to do to stop it. He said by law they must tell you why. I'll let you know what I find out


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## Smallmouth Crazy (Apr 4, 2006)

I would be interested to hear what they have to say..that way in case Im flagged again I might give them a ring.


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## Orlando (Apr 12, 2004)

Smallmouth Crazy, I have started the appeals process. Unfortunatly for you, you have to submit the transaction number at the time of your delay. I'll let you know what turns up on mine


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## Hafus (Apr 9, 2005)

I've been told that if you have a security clearance, it sets off a flag. I have one, and I get delayed EVERY time. The next day, they always call with the go ahead.


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## Smallmouth Crazy (Apr 4, 2006)

Hafus said:


> I've been told that if you have a security clearance, it sets off a flag. I have one, and I get delayed EVERY time. The next day, they always call with the go ahead.


Thats strange..if anything that should say let him have it right off the bat.


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## Hafus (Apr 9, 2005)

Smallmouth Crazy said:


> Thats strange..if anything that should say let him have it right off the bat.


 
I thought the same thing. Apparently, the security clearance just shows "something" in the instant check. They have to flag it, and then when they investigate that "something" it is then identified as a security clearance, and they go ahead and approve.

It is a pain as I can't buy anything at a gun show either. I found a good deal on a Walther P22 for my son at a gun show, but was delayed. Ended up paying another $30 at a local dealer!


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## Smallmouth Crazy (Apr 4, 2006)

To me thats a glitch in there system, if it just says something well then that security clearance almost acts like a felony or a domestic violence conviction, it just delays you...if your security clearance is going to be brought up it should be in a positive light not a gray area.


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