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Thread: background check

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    hello, im new to the forum. my name is dan. my father is sending me a handgun up from california. i went in to pick the gun up on friday, in anchorage, filled out the paper work, and admitted (like an honest person should) that i have a misdemenor on my record. the crime is not, in any way, related to domestic violance. it was/is disturbing the peace. the guy at the gun shop told me the background check people are going to "think about it" and i will know in a few days. my question is, what are the chances of me not being ok'd. and if not, what the hell can i do? please help...

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    Quote Originally Posted by roehoe72 View Post
    hello, im new to the forum. my name is dan. my father is sending me a handgun up from california. i went in to pick the gun up on friday, in anchorage, filled out the paper work, and admitted (like an honest person should) that i have a misdemenor on my record. the crime is not, in any way, related to domestic violance. it was/is disturbing the peace. the guy at the gun shop told me the background check people are going to "think about it" and i will know in a few days. my question is, what are the chances of me not being ok'd. and if not, what the hell can i do? please help...
    The good news that you filled out the form truthfully. Delayed is better than denied.

    If you get denied, you might want to seek legal advice to get it straigtened out.

    here is how the NICS works

    see: http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm

    excerpt-
    If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee’s descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by a NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) review the information to determine if state and/or federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the NICS Examiner will advise the FFL they may PROCEED with the firearm transaction. The FFL must record the NICS Transaction Number (NTN) on line 21b of the ATF Form 4473 and retain the form for auditing purposes.
    If it is determined that prohibitive criteria exists, the NICS Examiner will advise the FFL to DENY the firearm transaction. If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS Examiner will advise the FFL to DELAY the firearm transaction and the FFL will receive the following instructions:
    “. . .NTN ___ will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on day/date.”
    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.
    When a transaction is DELAYED, the NICS Examiner begins extensive research on the potential prohibitor. When the research is complete, the NICS Examiner calls the FFL and gives a PROCEED or DENY decision on the firearm transaction.


    Hope that helps.

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    that helps quite a bit. thank you. one other question, have you seen many denies with my type of ordeal. mind you, my record is clean, other than this. plus this incident was in 2001/02.

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    Quote Originally Posted by roehoe72 View Post
    that helps quite a bit. thank you. one other question, have you seen many denies with my type of ordeal. mind you, my record is clean, other than this. plus this incident was in 2001/02.
    Every so often we get someone here that was delayed as you were and so far all of them I remember were approved in a week or two. The guy that knows why he was delayed or declined is unlikely to ask anything here I think. Hang in there and I think you will be fine, the goobernment works in slow ways you know. You should look into a C/C permit or have your records fixed if you plan on buying more guns.
    Andy
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    a couple weeks.!? im hoping for a couple/few days, because thats what i was told. well either way, hopefully soon...

  6. #6

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    The feds have to deny or approve it in three business days. If a dealer doesn't hear from them in three business days, the transaction goes through.
    Where on the 4473 does it ask if you had a misdemeanor crime? How honest is giving information not asked for? As far as I recall, a felony is what is asked for. Did the guy doing the transaction tell NICS you had a misdemeanor on your record? Sounds like a case of classic SNAFU to me.

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    maybe around two thirds of the way down the paper work it asked about a misdemeanor. also about a felony. believe me, im not giving out any info unless asked...

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    Quote Originally Posted by mauserboy View Post
    The feds have to deny or approve it in three business days. If a dealer doesn't hear from them in three business days, the transaction goes through.
    I have a friend that bought a Sig 226. He was delayed for three days waiting for approval. Evidently someone with a criminal record had the same name so a more thorough back ground check was needed.

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    You can be denied based on the following:

    Federally prohibitive criteria under Title 18, United State Code, Sections 921 (a) (20) and 922 (g) (1) : A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.

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    Quote Originally Posted by roehoe72 View Post
    maybe around two thirds of the way down the paper work it asked about a misdemeanor. also about a felony. believe me, im not giving out any info unless asked...
    The only misdemeanors that it is asking about are "domestic violence" misdemeanors. If you were not convicted of one of those, then you did not fill out the form correctly. In most of the states the maximum sentence for any misdemeanor is one year, so anything greater than that would generally be considered a felony anyway.

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    well if it was specific i would have said no. but it said "misdemeanor", and believe me, i hovered over "no" for a few...

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    Check out the attachment. Question "i" refers to "misdemeanor crime of domestic violence". Maybe you just overlooked the domestic violence part. Unfortunately, either way you have to wait for the 72 hours to go by, if the feds do not come back with "Denied" then the FFL can sell/transfer you the firearm "at their discretion" I believe is how it is worded. If it comes back "Denied" then you have a long wait as you jump through the hoops of the Appeals process to get the mess squared away, which can take months.
    Attached Files Attached Files

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    i do believe i overlloked that. bummer, maybe i fugged up then. oh well, maybe it will sort itself out. well thanks for all the help everyone, maybe this will all blow over, and i will be target shooting here real soon.

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