Jump to content
dahle44

You are approved by NICS and purchase rifle,then 4 days later get a phone call saying its denied and need to return gun. Now what?

Recommended Posts

Your getting very good advice from both remixer and pk90 - little more can be added to the good advice you are being given.

 

There is no need to panic - which I am guessing you are....my interpretation hopefully not !

 

This is bureaucracy in action and while it is unfortunate, things do happen.

 

Follow the instructions and recommendations being given by the above parties - don't do anything stupid, like say " I sold the gun " unless you want a visit from the NJSP -

 

In due course it will be cleared up - I have seen this once or twice and once it was cleared up right away - another time was a bit longer - but that latter situation was something the person

had in their background that took a bit more time to clear up.

 

Heck I had a delay once - yep NJ had some hamfisted person type something in - got cleared up once the right info was entered.  :)

 

It will all be OK - !  :drinks:

 

I cant verify this 100% but i have never seen a delay in NJ last more then 3 days without it auto being denied regardless if the results came back or not. i think its NJ's way of not letting dealers choose to or not to release the firearm. Anyone else notice this?

Share this post


Link to post
Share on other sites

On a serious note, could anything have happened right around the purchase of the gun that could have made you prohibited? Domestic altercation? Anything? 

 

BTW if the dealer enters something wrong the nics unit will delay. they use to call us and ask for the correct info.  If it was wrong and the dealer does not call the nics unit they will deny the nics check.

 

Ask the dealer to call nics and see if this was a typo issue or a real nics denial

Share this post


Link to post
Share on other sites

BTW if the dealer enters something wrong the nics unit will delay. they use to call us and ask for the correct info.  If it was wrong and the dealer does not call the nics unit they will deny the nics check.

 

Ask the dealer to call nics and see if this was a typo issue or a real nics denial

Ok but that still doesn't away from the fact that someone can become prohibited during the process. 

Share this post


Link to post
Share on other sites

... if *I* owned the shop/a shop - I would never release a firearm to anyone without a proper proceed from NICS...

Huh. Really? As stated, I would lose 10% of my business because some yahoo at NICS was careless. The law says you can release the firearms after 3 days. Why not follow it.

 

ETA: about half of those delays stay in an OPEN status and never get resolved. So realistically, it is about 5% unanswered checks.

 

Sent from an undisclosed location

Share this post


Link to post
Share on other sites

Huh. Really? As stated, I would lose 10% of my business because some yahoo at NICS was careless. The law says you can release the firearms after 3 days. Why not follow it.

 

ETA: about half of those delays stay in an OPEN status and never get resolved. So realistically, it is about 5% unanswered checks.

 

Sent from an undisclosed location

 

No really much of an issue in NJ. I'v never seen a delay go more then 3 days.. If its still unresolved after 3 days hey get denied.

 

That is my experience.

Share this post


Link to post
Share on other sites

Huh. Really? As stated, I would lose 10% of my business because some yahoo at NICS was careless. The law says you can release the firearms after 3 days. Why not follow it.

 

ETA: about half of those delays stay in an OPEN status and never get resolved. So realistically, it is about 5% unanswered checks.

 

Sent from an undisclosed location

 

There are a couple ways to look at this... If it went past 3 days can you release YES.. but Paul you being from AZ its a different world.

Do you want to release then have it come back as denied then risk the NJSP visiting the customer to take away the firearm...

 

IMO that would be a dis-service.

Share this post


Link to post
Share on other sites

Oh Heritage. Garden State lost my COE and made me come in to fill one out for their records... months later

this signature exceeds the 15 character capacity count

Made you? If you still had your copy, then they may have had an issue. Not you.

Share this post


Link to post
Share on other sites

Ok - I'll play, so now you have 0.5% that is 5 in 100, if my math is right that are denied after a delay that has lasted more than three days - of that amount - say one yahoo decides he got away with it because he has a restraining order or whatever, that precluded him from getting his hands on a gun - *and* he caps his girlfriend - yes you followed the law - yes you released the firearm based on what the laws says. 

 

That is your prerogative as a business owner and your model, that would not work for me. 

 

How many of those delays exceed three days?  I would rather lose that business than deal with the potential aftermath etc.

 

Then it begs the question how many delays while you were in Jersey, exceeded three days and you said, well the law says I can release the firearm and you did - how many of them were then denied?

 

- First, rethink your math. 0.5% is one half of one percent, or 1 in 200.

- Second, the denials are mostly both instant and before the 3 days.

- Third, out of the dozen or so denials, 2 went past the 3 days after an open status. The firearms had not been transferred yet, but NOT my problem. Somebody on the other end screwed up. You can't control what someone does after a legal transfer. And NICS is not 100% going to keep firearms out of the hands of bad guys. In fact, it is not even close to 10%.

- Fourth, in NJ, I believe I never reached the 3 day mark. Had 3 or 4 denials, which all were overturned eventually. That equates to about 0.1%, or 1 in 1,000.

- Fifth, if during the Newtown Fiasco which NJ sat on NICS checks that lasted 3 weeks, I definitely would have released ALL firearms after 3 days had the NJ FIU given an NTN, because Federal Law says that once the check is submitted, the firearms can be released. HOWEVER, we had no proof that they received the check as no NTN was issued.

- Sixth, NICS is going on 20+ years, cost trillions of dollars, and has been a total waste. I have never been contacted by anyone of authority for ANY denials. Why are we even doing them? But that is for another discussion that will only seperate the Tin Foil Hatters from the real world.

Share this post


Link to post
Share on other sites

Not for nothing, but this may have nothing to do with the dealer.  If the dealer received an approval, transferred the firearm and then a couple of days later gets a rejection, it seems like an issue between the OP and the NICS unit.  The whole thing just sounds odd.

 

If the information sent to NICS was wrong in the first place I doubt an approval would have been issued.  The dealer will not know why a denial was given, only that it was denied.

 

OP needs to speak with NICS directly at this point.

  • Like 1

Share this post


Link to post
Share on other sites

I laugh every time some mutton head say that they were lost at sea. Go and try it without reporting it to the Feds. See who knocks on your door.

 

 

Sent from my iPad using Tapatalk Pro

  • Like 2

Share this post


Link to post
Share on other sites

I had a similar situation last year.

 

Guy buys a gun.. i get an approval then next day it goes to Delay then Denied.

 

NJSP told me to call the customer and have them return the gun... I'm assuming if he did not he would ave been visited.

 

Wouldnt he have returned it to you?

Share this post


Link to post
Share on other sites

My suggestions:

1. Return the guns.

2. Look at 4473 and write down the NICS Transaction Number that was given to the dealer when they did the check.

3. Ask the dealer for any documentation for whom called from NICS for the denial. (they may not have any).

4. Ask the dealer for an NICS Appeal package. If none, at least get a phone number.

5. Ask the dealer to hold onto your guns until you resolve issue.

6. Follow this up, and keep dealer informed of progress periodically.

 

Sent from an undisclosed location

 

Dont know the current status but apparently under Obama, the appeals process had been eliminated. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...