Why isn't the NICS check instant?

[Armadillofz1]

Yes, and in the state of Maryland it is required for every handgun sale, both retail and face-to-face.

I wonder how they managed to get around that here in Arizona for CCW holders. I know there are a few other states as well that bypass the NICS system with CCW.

 

[MDFF2008]

I wonder how they managed to get around that here in Arizona for CCW holders. I know there are a few other states as well that bypass the NICS system with CCW.

It's permitted in the law since permit holders are compared against NICS data.

 

[Armadillofz1]

It's permitted in the law since permit holders are compared against NICS data.

Yes but only once every 5 years. Just seems like a lot of time in between to "Trust" that someone has been a good boy/girl.

 

[swinokur]

If you only had one NICS check because you bought one firearm and didn't buy any more but became a "bad boy or girl", how would that be different?

open ended would seem to be as bad as every 5 years if you become prohibited.

 

[Armadillofz1]

If you only had one NICS check because you bought one firearm and didn't buy any more but became a "bad boy or girl", how would that be different?

open ended would seem to be as bad as every 5 years if you become prohibited.

Fair point.

 

[FoxtrotAviator]

NICS IS A PIECE OF S@&T!!!
The wonderful Federal Instant background check is in DIRE need of reconstruction.
I get Delayed EVERY SINGLE PURCHASE. It's an inconvenience and embarrassing . Makes you look like you have a shady past.
This past December I made 2 purchases. BOTH 3 day delays.
I made a purchase Friday (January 16) and got 6 DAY DELAY!!!!!
Apparently was a 3 day but they don't count the day you call it in or weekends or holidays...so MLK day added some screwing to me. I couldn't pick it up until Thursday.
I have NEVER been arrested . Haven't had so much as a speeding ticket in over 10 years.
I have Florida, and Utah CCW .
I've been told my past security clearance holds it up. it's not active anymore.
I've been told there is someone with my same name (first & last) born the same year in Baltimore who is a felon with warrants...I know his SS# isn't the same. I include that with every application. Apparently , once a certain number of Flags go up , the contractors at the call centers must forward the application to an Agent for further review.
OK I get that. But there should also be some sort of "Flag" that goes up saying I've been flagged already and the SSN should clear it right up.
I was planning on getting the UPIN. Going and getting fingerprinted and all that waste of a time. And honestly I'd do it no matter how long it took if I knew it would work.
But this is what Really has me confused.
A Close friend of mine is also NICS delayed every single time.
SAME STORY....No record whatsoever , in fact He's retired local Police. Has a Maryland Unrestricted CCW .
He applied for a UPIN . And was told he didn't meet the criteria for the UPIN because he has never been " DENIED" .....SO there is nothing to be done about constant delays? We can't do anything about that apparently?
Please anyone with any similar experience or advice , let me know.Thanks.

 

[swinokur]

Since when is the criteria for a UPIN a DENIAL? WTF? Most people get them because of repeated delays.

 

[FoxtrotAviator]

That's exactly what I said to him. This is what my friend was told just last Thursday on the phone. He's usually on point with communication. That's why I thought I would throw it up on the board here.
Actually I just spoke to him a few minutes ago . I thought he "Applied" , that's not the case . I thought he submitted the APP, and the phone call was a result of a UPIN DENIAL. But what actually happened was he called the 877-FBI-NICS . and an FBI customer service rep specifically told him to not even waste his time submitting the app. Unless it was a VAF/UPIN request as a result of a NICS "DENIAL" , he would not be approved for a UPIN. He has the reps name and further contact info. Has anyone here on the Boards actually received their UPIN from just getting delays?

 

[mcbruzdzinski]

That's exactly what I said to him. This is what my friend was told just last Thursday on the phone. He's usually on point with communication. That's why I thought I would throw it up on the board here.
Actually I just spoke to him a few minutes ago . I thought he "Applied" , that's not the case . I thought he submitted the APP, and the phone call was a result of a UPIN DENIAL. But what actually happened was he called the 877-FBI-NICS . and an FBI customer service rep specifically told him to not even waste his time submitting the app. Unless it was a VAF/UPIN request as a result of a NICS "DENIAL" , he would not be approved for a UPIN. He has the reps name and further contact info. Has anyone here on the Boards actually received their UPIN from just getting delays?

I recieved my UPIN after repeated delays. I suspect the reason is that I have a cousin (same first and last name, born in the same month and year) who has a less the perfect history with law enforcement. After my third time being delayed, I applied for the UPIN. Now I use it and have never had an issue.

I found the NICS folks very friendly and helpful to deal with.

 

[swinokur]

That person was wrong. i went and read the UPIN application and it says you can apply for a UPIN because of a denial or repeated DELAYS.

More uninformed govt employees...

 

[Laddertowr]

Fox yes sir...

 

[Lou45]

I wonder how they managed to get around that here in Arizona for CCW holders. I know there are a few other states as well that bypass the NICS system with CCW.

Maryland was like this ^^^ during the first three years of NICS providing the then current MD CCW was issued prior to 11/28/98.

Since when is the criteria for a UPIN a DENIAL? WTF? Most people get them because of repeated delays.

I recieved my UPIN after repeated delays. I suspect the reason is that I have a cousin (same first and last name, born in the same month and year) who has a less the perfect history with law enforcement. After my third time being delayed, I applied for the UPIN. Now I use it and have never had an issue.

I found the NICS folks very friendly and helpful to deal with.

That person was wrong. i went and read the UPIN application and it says you can apple for a UPIN because of a denial or repeated DELAYS.

More uninformed govt employees...

THIS ^^^, THIS ^^^^, and THIS ^^^^^.

 

[dblas]

I wonder how they managed to get around that here in Arizona for CCW holders. I know there are a few other states as well that bypass the NICS system with CCW.

Federal law makes exemption to states that have an permit that meets certain federal requirements.

 

[Lou45]

Federal law makes exemption to states that have an permit that meets certain federal requirements.

To the best of my knowledge, MD meets and EXCEEDS the Federal requirements to be issued a concealed carry permit. If this is the case, I don't know why a MD resident with a current/valid MD issued permit now has to be vetted through FBI NICS each time for a long gun. Personally, I think it should have stayed policy as it was during the first three years of the NICS and a MD resident with a permit; MD resident + MD permit = NO NICS.

 

[Dataluss]

The NICS insta check system is broken, AND/OR the agents, after FFL submissions..... PERIOD !
2 months ago I was DENIED using MY assigned UPIN # !!! I was at the gun show in MD. Saw a good deal after rebate on a Keltek 9mm.
I've made multiple rifle purchases previously via NICS & 90% have gone to "Proceed". NEVER had a "NOT Disapproved" via MDSP. I didn't even bother to appeal NICS this time, BECAUSE it would simply be redundant. Again fingerprints, send them in, WHICH clearly I've done multiple times previously. That's why I'd got my UPIN # !!! Also the FFL I was buying the Keltek from was based way out Western MD. So, if I appealed, It would 100% be overturned, BUT/and then I'd have to drive to his SHOP 160 miles away to pick it up !!!
You can see my credentials in my signature.
Again.....The NICS insta check system is broken, AND/OR the agents....... PERIOD !

 

[Blacksmith101]

First post to this thread in 8 years, I guess the system has been working pretty well.

 

[Phoenix_1295]

NEVER had a "NOT Disapproved" via MDSP.

“Not disapproved” means your are clear/approved.

Are you saying you have never received an approval on any apps submitted?

 

[outrider58]

The NICS insta check system is broken, AND/OR the agents, after FFL submissions..... PERIOD !
2 months ago I was DENIED using MY assigned UPIN # !!! I was at the gun show in MD. Saw a good deal after rebate on a Keltek 9mm.
I've made multiple rifle purchases previously via NICS & 90% have gone to "Proceed". NEVER had a "NOT Disapproved" via MDSP. I didn't even bother to appeal NICS this time, BECAUSE it would simply be redundant. Again fingerprints, send them in, WHICH clearly I've done multiple times previously. That's why I'd got my UPIN # !!! Also the FFL I was buying the Keltek from was based way out Western MD. So, if I appealed, It would 100% be overturned, BUT/and then I'd have to drive to his SHOP 160 miles away to pick it up !!!
You can see my credentials in my signature.
Again.....The NICS insta check system is broken, AND/OR the agents....... PERIOD !

Have you talked to MSP since your denial?

 

[Dataluss]

“Not disapproved” means your are clear/approved.

Are you saying you have never received an approval on any apps submitte

“Not disapproved” means your are clear/approved.

Are you saying you have never received an approval on any apps submitted?

All of my regulated firearms that I've purchased thru MDSP 77r, I've NEVER had a problem. However, 1.5 years ago, when I bought my 1 AR, I'd gotten the delay, BUT FBI sent me a proceed letter on the 2nd day. I went back to my FFL, picked up my rifle. Few months later, I applied for my VAF/UPIN.... I got that.... No Problem..... Few months later I decided I wanted another 12g shotgun, for trap only...... Off to Bass Pro. Obviously 4473 using UPIN, NO Problems... Went right thru. Few months later, I saw the Keltek at the MD gun show..... Did the normal 4473, 1st came back delay..... Then came back DENIED.....Using my UPIN. I went to the FBI appeal site with the NTN # he gave me, AND it said MY name was possibly matched to some prohibited person. BUT that's why I'd gotten my UPIN !!! To PROVE I wasn't that guy.
That's why I say.....The NICS insta check system is broken, AND/OR the agents....... PERIOD !

 

[Dataluss]

Have you talked to MSP since your denial?

Talk to them about what though ? It was a simple purchase for a non regulated firearm. MSP has nothing to do with the transaction. It's the NICS/FEDS that are screwy.... That's why some states ( I think approx 10+ ) In those states IF & WHEN you have your ccw/hgp whatever, They bypass NICS, and the transaction goes through the STATE ( which ALSO checks Federal NICS Databases) to approve the purchase. BUT the States & ESPECIALLY MDSP has their act together.... Personally I WISH/think regulated OR non regulated purchases BOTH simply went through MDSP via 77r for me/us.