Went to buy a pistol and they wont sell it to me..

This is a discussion on Went to buy a pistol and they wont sell it to me.. within the General Firearm Discussion forums, part of the Related Topics category; They said my background check came back "Delayed"...he also said that probably means some one using my name has done something bad..Im sure no one ...

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Thread: Went to buy a pistol and they wont sell it to me..

  1. #1
    New Member Array IndianaJoe's Avatar
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    Went to buy a pistol and they wont sell it to me..

    They said my background check came back "Delayed"...he also said that probably means some one using my name has done something bad..Im sure no one has used my name but me..My wife used to have a order of protection against me back about a year ago when we were seperated..I had one against her too..could that be it? I have also went to the crazy hospital one time to get on some meds because I was feeling bad..maybe thats it..I have never been deemed "crazy" on mentally unfit by a judge or anything though..this is all going down in Indiana..am I just screwed..I have bought pistols in the past with no trouble..
    Take the "L" out of "Lover" and its "Over".

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    Ex Member Array Ram Rod's Avatar
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    It could be all of the above you mentioned. Delayed doesn't exactly mean 'NO', it just means delayed. I don't know exactly just how long they can 'delay' you without giving a yes or no answer. You could probably ask the FFL you're attempting to buy it from.

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    Delayed could mean a lot of things...denied would be a lot worse.
    Hang in there!
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    VIP Member Array hogdaddy's Avatar
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    Has the Order of protection been lifted ??
    A Native Floridian = RARE


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    VIP Member Array Tubby45's Avatar
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    The FBI will not tell why the delay to the FFL. They cannot.

    I get delayed all the time and I'm an FFL. Don't sweat it.
    07/02 FFL/SOT since 2006

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    VIP Member Array grady's Avatar
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    Have you bought a firearm since the issues you mentioned?

    I was delayed last week for a couple days, no reason given. Like Retsup said, denied is worse. Give it a few days. I think I read something about they can delay it for 3 business days, but I don't know what happens if the delay is longer.

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    One of the questions from the BATF form 4473:

    Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner? See note 7
    7. Under 18 U.S.C. 922, firearms may not be sold to or received by persons subject to a court order that: (A) was issued after a hearing which the person received actual notice of and had an opportunity to participate in; (B) restrains such person from harassing, stalking or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury. For purposes of this prohibition, an “intimate partner” of a person is: the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, or an individual who cohabitates or has cohabited with the person
    Since a protection order was issued against you, I hope you answered that question with a "yes". That alone prohibits you from purchasing a gun. If you answered "no" you could be charged with submitting false statements on the form. Don't be surprised if you get an unexpected knock on your door from ATF agents.

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    Senior Member Array Plop's Avatar
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    Good luck, let us know how it turns out.
    "In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box."
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    New Member Array IndianaJoe's Avatar
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    I answered NO because the court order was suposed to be dropped long ago..My wife and I are back together and have been living together for a year now..I will be making a call tomorrow to make sure it is...
    Take the "L" out of "Lover" and its "Over".

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    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by archer51 View Post
    One of the questions from the BATF form 4473:





    Since a protection order was issued against you, I hope you answered that question with a "yes". That alone prohibits you from purchasing a gun. If you answered "no" you could be charged with submitting false statements on the form. Don't be surprised if you get an unexpected knock on your door from ATF agents.
    The question states "Are you subject to" a phrase meaning currently, in the present tense. It does NOT ask "Have you ever been subject to".

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    VIP Member Array AZ Husker's Avatar
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    If it's never been quashed or set aside, you may just be in a heap of trouble! I hope not.
    Treat me good, I'll treat you better. Treat me bad, I'll treat you worse.

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    Quote Originally Posted by IndianaJoe View Post
    I answered NO because the court order was supposed to be dropped long ago..My wife and I are back together and have been living together for a year now..I will be making a call tomorrow to make sure it is...
    Never assume anything! Warrants get jammed up in the system all the time. Warrants that are supposed to be resolved still show active frequently.

    Just because you and wife are back together means nothing. Couples violate their own orders of protection all the time. They are still in violation. I run into this all the time with orders of protection for domestic violence.

    You need to verify on your own that in fact the protection order has been dropped or whatever they call it, before you attempt to purchase a firearm. Otherwise, you may be committing a crime for providing false information on the BATF form.

    As soon as you find out the true status of that old protection order, you may need to consult an attorney before they show up at your door.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  14. #13
    VIP Member Array paramedic70002's Avatar
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    Google your name and see that you are not unique in this world. Many people have your name, SSN one digit off, birthday, etc.. If just one of them is a verified bad guy, then you get delayed until they can cross check other identifiable information.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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    VIP Member Array Supertac45's Avatar
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    Court Orders all have time limits attached in the order, or are statutory in existance by law. Protection orders are almost always granted with minimal time constraints, usually 60 days or less.
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    Distinguished Member Array AutoFan's Avatar
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    The law states that after 3 business days, the NCIS check has to come back yes or no, it can't be delayed any longer. If it does not come back within that time frame, you are assumed to be OK, and it becomes a yes.

    But do check on the Court Orders (both you and your wife's).

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