Virginia Gun Owners Forum - VGOF

DaRoller wrote:Weird, I made a purchase yesterday, took less than 15 minutes from when I picked up the pen. Is there a difference between going through a shop and going through a private FFL?

That would be an actual instant background check. You lucked out and are one of the people that do not get delayed. Nothing flagged in the computer check and did not require anyone from the State Police to actually look at your data to confirm you are who you say you are. The rest of us who get delayed, we have to wait for an understaffed department to wade through all of these background checks they have to manually review.

OK, here is the information I have found so far in re the "In Research".

The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. 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. 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.

Source: http://www.fbi.gov/about-us/cjis/nics/g ... fact-sheet

However, for me, it has been two weeks, and the FFL uis reluctant to transefer the weapon because as was mentioned before, they are worroied about backlash.

SO the question I have is, how do I stop this particular transaction? And would this be the standard posture of FFL's? ALbeit unofficially?

And further, (Same Source)

A delay response indicates that information you supplied on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 has been matched with information contained in the National Crime Information Center, the Interstate Identification Index, and/or the NICS Index. Complete disposition information is not always available and a further review of these records is necessary. The NICS Section exhausts all efforts to retrieve current record information by contacting all applicable law enforcement agencies, i.e., local, state, and federal courts, etc. The Brady Handgun Violence Prevention Act of 1993 allows three business days to obtain this information before a Federal Firearms Licensee (FFL) can transfer a firearm. The FFL is not prohibited from transferring the firearm after three business days have passed; however, the FFL is not required to transfer the firearm.

mtbinva wrote:SO the question I have is, how do I stop this particular transaction? And would this be the standard posture of FFL's? ALbeit unofficially?

And further, (Same Source)

A delay response indicates that information you supplied on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 has been matched with information contained in the National Crime Information Center, the Interstate Identification Index, and/or the NICS Index. Complete disposition information is not always available and a further review of these records is necessary. The NICS Section exhausts all efforts to retrieve current record information by contacting all applicable law enforcement agencies, i.e., local, state, and federal courts, etc. The Brady Handgun Violence Prevention Act of 1993 allows three business days to obtain this information before a Federal Firearms Licensee (FFL) can transfer a firearm. The FFL is not prohibited from transferring the firearm after three business days have passed; however, the FFL is not required to transfer the firearm.

You should be able to call up the FFL and say look, I am sorry, but I have decided to not pursue this purchase further. Depending on what item you were trying to buy, the FFL will probably apologize for the delay, but will turn around and sell it to the guy that just walked in his door looking for whatever is left on the shelves. Unfortunately, I do not see your luck turning out any better if you were to try and find another FFL and start the background check all over again. You would probably end back up in research. You could always try a private sell from another Virginia Citizen here in Virginia.

I am really sorry to hear that you are having these issues. This is why I fight so hard when ever I hear someone bring up that there should be an instant background check for all firearm sells (and no in NY they want to pass the law for ammo too.) Government screws things up when they try to fix things. This is just another case unfortunately.

Thanks Totes6. I appreciate the support; and to date, no response. Based on all of the requirements, (and my current employer) I can legally purchase and own a firearm.

I find it despicable that all of these liberals are going crazy to push unconstitutional laws while law abiding citizens like me (and all others) that follow all of the prescribed step per the law. The point is, truly law abiding citizens are having their rights violated while criminals just sit back and laugh.

Just my 2 cents.

Cleared. Man that took forever.

mtbinva wrote:Cleared. Man that took forever.

So that took what 3 weeks? Sorry to hear that, but I am happy that you are able to pick up your weapon now. Another weapon in the hands of a citizen. Now there is a reason to rejoice.

I'm happy. I got a deal on a GLock Mod 30. I already have the Model 27 which I love. So, all is well.

Thanks for the info too.