NICS default proceed questions

Gun related chat that doesn't fit in another forum

NICS default proceed questions

Postby Coldhead on Sat Oct 13, 2018 2:24 pm

Hi all,

Made my first U.S. gun purchase this month. Acquired a PTP in September and purchased a pistol last Friday. I got a DELAY response during the background check and was told by the sales manager that such delays are common for green card holders (despite showing the green card and supplying the USCIS number, NICS needs to verify my immigration status directly with USCIS). In any case, I was told to come back on Friday if I don't get a call. Sure enough, this past Friday I took possession of the pistol.

This whole process is very strange for this Canadian, so I have some questions and concerns which I haven't been able to satisfy with a Google search.

Will I ever find out what the outcome of the NICS check was?
Will I get a call that I eventually got a PROCEED, or does the FBI just drop/mothball the investigation after 3 days (in my case it was 4 full days)?
In the unlikely event that I eventually get a denial (only possible reason would be USCIS database isn't updated), will I get a call from the FFL about it or will I have the ATF come knocking?
Coldhead
 
Posts: 7 [View]
Joined: Sat Jul 23, 2016 9:36 pm

Re: NICS default proceed questions

Postby yukonjasper on Sat Oct 13, 2018 3:38 pm

Sounds like you got your pistol. Not sure what the issues are. If you are put out that it took longer because you aren't a citizen my snarky response would be "how long would the process have taken in your country"?

Personally, I'm glad there is an added layer for non citizens and surprised that non citizens are allowed to access that right.
Deo Adjuvante Non Timendum - (with the help of God there is nothing to be afraid of)
Spectamur Agendo - (We are proven by our actions)
Non Ducor, Duco - (I am not led, I lead)
NRA Life Member
User avatar
yukonjasper
 
Posts: 3967 [View]
Joined: Wed Feb 06, 2008 3:31 pm
Location: eagan

Re: NICS default proceed questions

Postby Ghost on Sat Oct 13, 2018 4:23 pm

You know the outcome, you passed.

Personally I think you should only have to hand them cash and walk out the door with your new purchase, no matter where you are from.

ETA: what did you get?
User avatar
Ghost
 
Posts: 4997 [View]
Joined: Wed Feb 05, 2014 8:49 pm

NICS default proceed questions

Postby dismal on Sat Oct 13, 2018 6:02 pm

To answer your question, you’ll never get told why you got a delay. My understanding is that even if get a denied they won’t tell you why. In that case you could appeal, in which case you *might* find out.

In your case, you likely did end up getting a proceed. Dealers are allowed to transfer a firearm after three days, but many don’t. If someone does get transferred a gun but later gets a denied, the cops/FBI will make an attempt to get in back.

Welcome to MN!
User avatar
dismal
 
Posts: 793 [View]
Joined: Fri Jul 27, 2007 12:30 am
Location: Rochester, MN

Re: NICS default proceed questions

Postby Holland&Holland on Sat Oct 13, 2018 8:51 pm

:picsneeded:
User avatar
Holland&Holland
 
Posts: 5636 [View]
Joined: Mon Jan 12, 2009 9:17 am

Re: NICS default proceed questions

Postby Coldhead on Sat Oct 13, 2018 9:46 pm

yukonjasper wrote:Sounds like you got your pistol. Not sure what the issues are. If you are put out that it took longer because you aren't a citizen my snarky response would be "how long would the process have taken in your country"?


I'm not criticizing the process, but I don't entirely understand it. My understanding is that a default proceed doesn't mean the FBI stops investigating. If the FFL transfers the gun and then a few days later the FBI decides I'm ineligible, will I get raided in the middle of the night? An unpleasant visit during which the pistol gets confiscated? Or will I simply get a follow up phone call informing me of the outcome so I can take appropriate measures to transfer possession of the firearm until I can appeal the decision?

The question may seem silly, but I think I'm still getting used to the idea of casually taking possession of a pistol without having a license, a transport permit, a locking device, and a registration certificate (yes... that's the process in Canada and it takes weeks of effort). Owning a gun in Canada is at the permission of Dear Leader and can be revoked at the whim of a bureaucrat.

yukonjasper wrote:Personally, I'm glad there is an added layer for non citizens and surprised that non citizens are allowed to access that right.

While I certainly do not feel entitled to the same gun rights as citizens, I should set the record straight: A US permanent resident - having gone through fairly rigorous vetting - is considered a US person and granted identical gun rights as US citizens. I have already spent 5 years in the US on a non-immigrant work visa and in that status was prohibited from owning firearms.

Ghost wrote:ETA: what did you get?

Oh, and I picked up an FNH FNS-9C with night sights, 2x12 rd + 1x17rd mags, and a manual safety (which I anticipate "outgrowing" once I'm more comfortable with the pistol). I'm a lefty so appreciate the ambi controls. Runner ups were the Walther PPQ and Sig P320. Hoping to take a PTC class in the coming months but timing hasn't worked out yet. Apparently PTC doesn't preclude completing a background check anymore?

Holland&Holland wrote::picsneeded:

Image
Coldhead
 
Posts: 7 [View]
Joined: Sat Jul 23, 2016 9:36 pm

Re: NICS default proceed questions

Postby Scratch on Sun Oct 14, 2018 7:19 am

I'm a dealer. (In Wisconsin but these details of the transfer are exactly the same)
when I get a delay, I hold the gun for 3 business days. It's called the Brady date. If I haven't received a response by the Brady date, I can legally let the firearm go. Some dealers will not though, they can decide to hold onto it until they get a response from them, that's up to them.

If I get a deny, they don't tell me why, I call the customer and tell them they got denied, and I give them the details on the process to appeal the deny. I have one rifle here right now that someone is appealing. It's been about 6 months and I have no idea on how it's going. Haven't heard from anybody about anything. I had another customer appeal about 2 years ago, and it took so long he finally sold it to me, and I sold it to someone else. He got tired of waiting.

If I get an approve, they don't tell me why there was a delay either. I just call the customer and tell them they were approved.

If I get no response, I note that on the 4473, and tell the customer they can come get it. I personally dont hold the gun and wait for the Feds to give me an answer.
If I finally get a response after the gun was transferred, I don't call the customer. I could, but I don't. I just pull the 4473 and note it on there (There is a spot for that) then I forget about it.
If the customer calls me and asks, I'll tell them, and if the customer asked me to let them know if I get a decision, I would call them too. But I can see where some dealers who have a lot more volume than me wouldn't want to waste the time trying to remember who wanted a call back or not and just wouldn't do it. I'm small enough that I would probably be able to remember that easily though.

I hope that answers some of your your questions.
01 FFL in Hudson Wisconsin
User avatar
Scratch
 
Posts: 1923 [View]
Joined: Sat Feb 12, 2011 3:23 pm
Location: Hudson, WI

Re: NICS default proceed questions

Postby Coldhead on Sun Oct 14, 2018 4:36 pm

Thanks for the info!

To put my mind at peace, I'll maybe check in with the FFL about the outcome.
Coldhead
 
Posts: 7 [View]
Joined: Sat Jul 23, 2016 9:36 pm

Re: NICS default proceed questions

Postby grimbeaver on Fri Oct 19, 2018 9:01 am

Coldhead wrote:If the FFL transfers the gun and then a few days later the FBI decides I'm ineligible, will I get raided in the middle of the night?

Sounds like the ATF comes and knocks on your door and asks for it back. I suspect most people this happens to already had reason to believe they were ineligible and hand it over willingly to avoid further problems. Resisting is a no-win situation.
grimbeaver
 
Posts: 726 [View]
Joined: Fri Aug 02, 2013 8:50 am

Re: NICS default proceed questions

Postby Ghost on Fri Oct 19, 2018 10:29 am

grimbeaver wrote:
Coldhead wrote:If the FFL transfers the gun and then a few days later the FBI decides I'm ineligible, will I get raided in the middle of the night?

Sounds like the ATF comes and knocks on your door and asks for it back. I suspect most people this happens to already had reason to believe they were ineligible and hand it over willingly to avoid further problems. Resisting is a no-win situation.

Resist in the courtroom, not in your living room or on the side of the road.
User avatar
Ghost
 
Posts: 4997 [View]
Joined: Wed Feb 05, 2014 8:49 pm

Re: NICS default proceed questions

Postby Coldhead on Sun Oct 21, 2018 9:48 pm

Just to be clear, I know I should get a proceed. But I've heard about false denials and it seems like it was fairly common for new green card holders in the past when there was a requirement to prove 90 days residency.

Thanks all for the discussion!
Coldhead
 
Posts: 7 [View]
Joined: Sat Jul 23, 2016 9:36 pm


Return to General Gun Chat

Who is online

Users browsing this forum: No registered users and 1 guest

cron