Legal Resident Instant Background check

Rick Sanchez · Aug 18, 2020

Hey Group,

Today my semi automatic finally arrived, but I was told I had to wait up to an additional 3 days or so for my background check to clear. I am a permanent resident and was told that it's normally delayed because of this. I also found that after the 3 days I have the right under the "default proceed' to demand it from the dealer, but I don't trust that.lol

Does anyone have any insight or had experience with such? I tried looking online for literature but I found nothing.

Thank you

rseymorejr · Aug 18, 2020

Sounds like you are under "further review" It happens to me a lot (career felon and I share a name)

Rick Sanchez · Aug 18, 2020

rseymorejr said:
Sounds like you are under "further review" It happens to me a lot (career felon and I share a name)

So usually how long does it take ? Just curious on how long the process takes and also if after 3 days I can just go and pick it up if my FFl doesn’t reach out ?

30 days for a HQL
7 days for handgun
3 days for a rifle
Just for a few hours at the range

rseymorejr · Aug 18, 2020

Usually a day or 2. I've never tested out the 3 day thing.

jamesp15 · Aug 18, 2020

If your frequently delayed, cant you request a UPIN from the ATF? Not sure how it works exactly to get it but I think its for situations like this?

Rick Sanchez · Aug 18, 2020

rseymorejr said:
Usually a day or 2. I've never tested out the 3 day thing.

Ok thanks for the insight.

boule · Aug 19, 2020

Rick Sanchez said:
Does anyone have any insight or had experience with such? I tried looking online for literature but I found nothing.

From "limited" experience, yeah, every single purchase. They need to get a supervisor to sign off on it and that will be in his next days paperwork.

:innocent0

Conundrum · Aug 19, 2020

I was actually "delayed" a couple days ago. The dealer got a call back in 30 minutes.

Harrys · Aug 19, 2020

Rick Sanchez said:
Hey Group,

Today my semi automatic finally arrived, but I was told I had to wait up to an additional 3 days or so for my background check to clear. I am a permanent resident and was told that it's normally delayed because of this. I also found that after the 3 days I have the right under the "default proceed' to demand it from the dealer, but I don't trust that.lol

Does anyone have any insight or had experience with such? I tried looking online for literature but I found nothing.

Thank you

They NCIC check process is backed upped and back logged. The system is overwhelmed due to the manic purchase of long guns. It has been taken the FBI a little longer to process checks.
https://www.thegatewaypundit.com/20...ks-as-massive-surge-in-sales-creates-backlog/

Rick Sanchez · Aug 19, 2020

Harrys said:
They NCIC check process is backed upped and back logged. The system is overwhelmed due to the manic purchase of long guns. It has been taken the FBI a little longer to process checks.
https://www.thegatewaypundit.com/20...ks-as-massive-surge-in-sales-creates-backlog/

This is very helpful thank you. I will just wait until my FFL calls me back. I was just curious to why it would be delayed and the expected wait time.

budman93 · Aug 19, 2020

Rick Sanchez said:
Hey Group,

Today my semi automatic finally arrived, but I was told I had to wait up to an additional 3 days or so for my background check to clear. I am a permanent resident and was told that it's normally delayed because of this. I also found that after the 3 days I have the right under the "default proceed' to demand it from the dealer, but I don't trust that.lol

Does anyone have any insight or had experience with such? I tried looking online for literature but I found nothing.

Thank you

So you are a permanent resident, non citizen with a green card? My dad is Canadian with a permanent green card and gets delayed probably every time he buys a gun. An instant ok for me is usually up to a week wait for him.

shadow116 · Aug 19, 2020

For those who commonly are delayed, then get a proceed later, here is a tip. Granted if it an especially busy day it might not help.

If the shop will do it, have them phone the check instead using of the NICS online. You are dealing with a person the entire time, and even though it will get kicked to a "further review", it seems to work better.

It is about a 50-50 shot. I have customers that always get delayed online, but calling it in gets them a proceed in about 10-15 minutes.

Also another tip since we are on the east coast. If the shop opens before 10-11, get into the shop as soon as they open. You get into the NICS system before shops in other time zones open up and start submitting checks. We open up at 9am on Saturdays, and we see a regular slow down about 1030 and more slowing about 1130.

BFMIN · Aug 19, 2020

I think someone is confusing 2 slightly different things. Either that or its a misunderstanding somewhere.

Like you I'm a legal resident.
I ALWAYS get a "Hold", I've done the SS# thing, it made no difference.
I did the "REAL ID" It didn't make a difference.
& so on & so on.

Now for the good news. I think the "hold" is just because they check an external database & it takes a little longer. The length of the hold is variable depending on the inter agency communications & work loads at the time of the search.

I've had a "HOLD" that cleared as I got into the car to leave the store!
I've had a hold that was a couple of hours.
I've had a request for additional ID & proof of residence after a "HOLD".
I've never had a 3-day hold. One full day is the longest I've suffered through.

I Believe either you, or the dealer is confusing those variable "HOLD" times with a different thing where if theres nor reply then you can collect after 3 days. That has nothing to do with residency status though.

shadow116 · Aug 19, 2020

BFMIN said:
I think someone is confusing 2 slightly different things. Either that or its a misunderstanding somewhere.

Like you I'm a legal resident.
I ALWAYS get a "Hold", I've done the SS# thing, it made no difference.
I did the "REAL ID" It didn't make a difference.
& so on & so on.

Now for the good news. I think the "hold" is just because they check an external database & it takes a little longer. The length of the hold is variable depending on the inter agency communications & work loads at the time of the search.

I've had a "HOLD" that cleared as I got into the car to leave the store!
I've had a hold that was a couple of hours.
I've had a request for additional ID & proof of residence after a "HOLD".
I've never had a 3-day hold. One full day is the longest I've suffered through.

I Believe either you, or the dealer is confusing those variable "HOLD" times with a different thing where if theres nor reply then you can collect after 3 days. That has nothing to do with residency status though.

Ok, I think the first thing to be cleared up is the idea of a "HOLD". I had done multiple hundreds of NICS (to include LPR and IAs, and even one non-immigrant alien) and there is no such thing. You submit a NICS check, the possible responses are "Proceed", "Delayed", or "Denied".

As for be on "HOLD", there is "Further Review" for phone NICS and "Researching" for online NICS. For either of these, you should not leave the FFL until it is complete, and the longest I have ever seen is about 50 minutes for those.

If you are completing the 4473, you should be using your ICE ID with a valid Alien Number, and the FFL should enter the Alien Number into online NICS.....

Also, REAL ID has nothing to do with NICS. That is a state thing.

Biggfoot44 · Aug 20, 2020

After 3 Days of not recieving a Denial , an FFL * May * release to buyer . It's not required , and at the Dealer's discretion . You can't " demand " he release if he doesn't care to do so .

Rick Sanchez · Aug 20, 2020

budman93 said:
So you are a permanent resident, non citizen with a green card? My dad is Canadian with a permanent green card and gets delayed probably every time he buys a gun. An instant ok for me is usually up to a week wait for him.

I got the call back the next day . So less than 24hrs. From what they explained I thought it would be longer but it was quicker than I expected.

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