r/WAGuns • u/animalfath3r • 4d ago

NICS delay Discussion

About 5 or 6 years ago I attempted to buy a handgun in Oregon (that's where I lived at the time)... the NICS check came back as delayed. Not sure why, but ok, waited a few days and called the gun store to see if I cleared... still hadn't... called back about 2 or 3 weeks later and it was still delayed... after that I gave up.
This is really irritating... I understand that dealers CAN sell after 3 days... but from what I gather most won't... what gives? I totally feel like my 2nd amendment rights are being violated. What can be done? Who will sell after the 3 days and the delay never gets cleared?

13 Upvotes

73% Upvoted

10

u/0x00000042 Brought to you by the letter (F) 4d ago

Who will sell after the 3 days and the delay never gets cleared?

No dealer in Washington will. State law now prohibits delivering without approval, no matter how long they wait.

RCW 9.41.092:

Except as otherwise provided in this chapter, a licensed dealer may not deliver any firearm to a purchaser or transferee until:

(1) The results of all required background checks are known and the purchaser or transferee (a) is not prohibited from owning or possessing a firearm under federal or state law and (b) does not have a voluntary waiver of firearm rights currently in effect; and
(2) Ten business days have elapsed from the date the licensed dealer requested the background check.

The dealer must wait for both approval and ten business days to elapse now, rather than one or the other.

What can be done?

Call a lawyer and ask for help sorting things out. Reddit certainly can't help you with this.

3

u/animalfath3r 4d ago

Suppose I should attempt to purchase in Washington and officially get the "delayed" status prior to contacting the lawyer. Thanks for the info.

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u/0x00000042 Brought to you by the letter (F) 4d ago

Oh, yes try it first and see what happens. Whatever that delay was previously may not happen again.

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u/merc08 4d ago

You could also apply for a UPIN.

6

u/Mightknowitall 4d ago edited 4d ago

They cannot legally give you any gun (semi-auto, bolt action, pump action, etc) without a 10 day minimum wait time and a passed background check in Washington.

Also, are you trying to buy one now? Or is this from the past? Did you ever look into why you may have had a delay?

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u/animalfath3r 4d ago

I have no problem whatsoever with the wait time. It just irritates me that the status never cleared. I am wanting to buy one now but I'm sure the process will be even more painful in Washington than it was in Oregon.
Yes, I know why the delay status... it's for an arrest when I was 18 years old. (30 years ago) Was never charged with a crime and (obviously) never convicted... but the arrest record is still there and that is what triggers the delay. In the ensuing 30 years I have served in the military, was a MP, and have had a federal L security clearance...- but again, for some reason I can't purchase a firearm? Ridiculous.

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u/Mightknowitall 4d ago

Another thing that occasionally happens is mis-identification causing a delay.

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u/Specific_Island_6327 4d ago

As someone with a common name AND having rights restored I expect a delay every single time.

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u/ChukarKnuckle 4d ago

You have to appeal if it was denied. I recommend getting a UPIN and all your worries and problems will be solved.

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u/sttbr 4d ago

Clearance can actually hinder your background check.

0

u/Amanofdragons Stevens County 3d ago

Hazmat endorsement on cdls can cause delays as well.

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u/Mightknowitall 4d ago

I don’t have the information, but I am sure that someone here has someone to contact regarding the delay. I know people regularly contact their local representatives and/or FBI branches for NFA item delays (supressors, sbr’s, etc) but I’m not sure how that works for “normal” firearms.

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u/NOIRAAG 3d ago

A purchase in WA will be much smoother. We don’t use NICS in WA. Most people get a notice of approval the next day. It’s a simple 10 business day wait(two weeks) after you start your background check at the gun store. Go buy the gun.

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u/sttbr 4d ago

WA state can no longer force transfer after 3 days.

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u/Wreakinghavoc187 4d ago

I used to get indefinitely delayed in washington, till the new safe system, now it comes back in a few days (still have to wait though)

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u/Phaas777A 3d ago

I used to get indefinite NICS delays. Applied for a VAF/UPIN and haven’t had an issue since.

Post about the process [HERE]

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u/animalfath3r 3d ago

Thanks! I'll look into it