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Thread: Handgun purchase delayed
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December 21st, 2016, 06:21 PM #1
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Handgun purchase delayed
I went to pick up my S&W Shield 9mm on Sunday but when doing my background check, they were running into some problems. They told me that ICE wasn't working well and because I'm European, they could not verify anything. It's a bit annoying as this would become my daily carry weapon, but not the end of the world as I'm used to carry my M&P 9mm full size right now. While browsing the internet, I'm getting mixed information. The federal rule tells me that if the FBI didn't make up his mind after 3 days (correct me please if I'm wrong), the purchase may continue, unless stipulated differently in a state law. But when browsing through for a, I get timestamps like 14 days before a delay has been approved or denied. Is there anyone who knows the exact laws in PA??
Thanks
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December 21st, 2016, 07:22 PM #2
Re: Handgun purchase delayed
If you were put into "Research" (delayed) the PICS has 15 days to get it figured out. A dealer cannot turn a firearm over to the buyer without an approval number, no matter how many days it takes to do the check. If at the end of 15 days they haven't been able to approve you, they can put you into the "undetermined" category. If that happens or you get a denial, the FFL should then give you a challenge form to fill out and send to the PSP (within 30 days). With the additional info from the challenge form, they then can continue with the background check, reverse the denial, or uphold the denial. If they uphold the denial, they will tell you why you were denied.
If you are put in "Research", and you get approved, the PICS operator will call your FFL and let him know you are approved and give him the time frame in which he can call and get the approval number (if the buyer needs some time to get to the dealer).
If PA were using NICS then the federal laws would apply and a firearm can be turned over to the buyer if there has been no determination after 3 business days. Since in PA we use PICS (which includes using NICS and several other databases) we have to go by PA law, which does not recognize the federal 3 day period.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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December 21st, 2016, 07:54 PM #3
Re: Handgun purchase delayed
Exactly what he said ^^^^ But also in PA the approval # is only good till midnight of the day it is given so make sure if the dealer calls you and says you can come get it, make sure you are actually coming. If you don't show and come the next day a new check will have to be run. Once the dealer is told it is approved PICS will hold the # for up to 6 days. So also if they call make sure you can be available within a few days to come get it or else a new check will have to be run.
I just had a delay a couple weeks ago and they took the whole 15 days to give an answer but it was a yes so don't be shocked if it seems like they are dragging their feet.
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December 22nd, 2016, 12:01 AM #4
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Re: Handgun purchase delayed
It is you. You have all the weapons that you need. Now fight. --Sucker Punch
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December 22nd, 2016, 12:06 AM #5
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Re: Handgun purchase delayed
Thx for the quick reply. let's hope all goes well and smooth.
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December 22nd, 2016, 08:57 AM #6
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Re: Handgun purchase delayed
The ICE thing wasn't bullshit. As long as you are clean without any criminal history and are here legally, I would venture to guess it will only be a day or two before you get your approval.
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December 22nd, 2016, 11:42 AM #7
Re: Handgun purchase delayed
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December 22nd, 2016, 08:12 PM #8
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Re: Handgun purchase delayed
I-94 is not needed as I'm a permanent resident but I did use my SSN. I got the call this morning it was approved and I picked it up this afternoon. Thank you all for the replies and support, really appreciate it
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December 22nd, 2016, 09:03 PM #9
Re: Handgun purchase delayed
Congrats and welcome to the forum.
Go sell crazy some where else, we're all stocked up here.
Political power grows from the muzzle of a gun.
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December 22nd, 2016, 10:06 PM #10
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