Defensive Carry banner

1 - 20 of 39 Posts

·
Registered
Joined
·
7 Posts
Discussion Starter #1
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..
 

·
Banned
Joined
·
13,685 Posts
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.
 

·
Super Moderator
Joined
·
50,585 Posts
Delayed could mean a lot of things...denied would be a lot worse.
Hang in there!:hand10:
 

·
Registered
Joined
·
4,208 Posts
Has the Order of protection been lifted ??
 

·
Registered
Joined
·
3,076 Posts
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.
 

·
Premium Member
Joined
·
2,939 Posts
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.
 

·
Premium Member
Joined
·
24,508 Posts
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.
 

·
Registered
Joined
·
1,013 Posts
Good luck, let us know how it turns out.
 

·
Registered
Joined
·
7 Posts
Discussion Starter #9
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...
 

·
Banned
Joined
·
471 Posts
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".
 

·
Registered
Joined
·
4,244 Posts
If it's never been quashed or set aside, you may just be in a heap of trouble! I hope not.
 

·
Premium Member
Joined
·
10,047 Posts
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.
 

·
Registered
Joined
·
5,314 Posts
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.
 

·
Registered
Joined
·
3,659 Posts
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.
 

·
Registered
Joined
·
1,563 Posts
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).
 

·
Registered
Joined
·
320 Posts
I went through a time period a few years ago, where every handgun was "delayed" and every long gun was immediately approved, and that was while I was still a cop. Go figure????
 

·
Registered
Joined
·
749 Posts
I am ALWAYS delayed, every single time...some dealers say it has to do with having security clearances, others blame it on similar names, others just shrug and wait. Max wait ever was 2.5 hours.
 

·
Registered
Joined
·
459 Posts
OK, i'm confused. I have bought 3 guns since getting my CCl, they didn't even call it in to even have a "wait" attached to it. So are you guys buying guns with a CCL or without? I was thought if you have a CCl you do not do a check or is that for NC and not all states.
 
1 - 20 of 39 Posts
Top