Originally Posted by Hunter Wold
I always get a delay when making a firearm purchase. Not that I buy that many firearms, maybe 1-2/year but they have always come back as a delay for 5 days. Then just pick it up.
I read the FBI website about this and they site a number of reasons; however I have never had a law/legal problem except for a couple traffic tickets many years ago. My name "might" conflict with someone else, but
A friend of mine is a sherrif and he said that even he and a couple of his friends get delay's??
So, if I get a UPIN number or a concealed carry would that make any difference? Here in New Mexico I have heard different stories re: that also, as some people just go and buy a gun w/ a concealed permit (handgun) and or rifle and walk out while others have a delayed?
Have you or someone you know had/has this problem and what state.
A UPIN would help, it uniquely identifies you in the NICS system so any NICS checks would only return information about you (of course that means submitting a bunch of PII to the FBI, which you may take issue to).
A concealed license from NM is useless, a Utah issued license could be useful, it's classified as a background alternative by the FBI, and thus "pre-qualifies" you so you need not undergo a NICS check, however not all FFL's will accept an out of state concealed carry license without performing a NICS check. Of course if you hold and present an out of state license at the point of sale, and a NICS check returns a delayed result it doesn't look good for you to the FFL...
The problem lies in that your identifying information is returning multiple hits within the NICS system, and that one of the returned hits is a prohibited person (or their alias). While this may seem to be unlikely, may I suggest performing a web search using Google/Bing/Yahoo/Whatever on your name and seeing the number of returns you get, and how many actually are about you.
If NICS has to investigate they need to eliminate all prohibited possibilities as being you. They have 3 days to perform this, if they do not get back to the FFL in those 3 days the FFL can legally automatically proceed. This only applies to states where the FFL's directly contact NICS, if your state has a POC/PPOC this may not apply.
Ultimately when you consider the number of people, the number of disqualifying conditions, and the number of aliases that people are known by to the Law Enforcement Community of the US, I'm actually surprised that delayed isn't the standard outcome of NICS checks. All it requires is an active warrant from any state for someone who could quite legitimately be mistaken for you being issued, or a DV restraining order issued in any state under the same conditions.
Originally Posted by lifelongMOgal
New Mexico is not one of the states which practices "point of contact" transfers.
Not to be argumentative here, but this is not relevant. "Point of contact" or "partial point of contact" states are required to perform a NICS check anyway (except as mentioned above where the purchaser holds a background alternative) just not by the FFL.
They're acting as intermediaries to NICS. Normally this is because
- there are additional state imposed disqualifying conditions
- that your state of residence has more up to date information on your immediate legal status than NICS (under 30 days) and is anally retentive about it
- or is used to help enforce any state required waiting periods (most commonly for handguns).
Now, POC/PPOC may seem to be more efficient, however since they perform a NICS check anyway, it defies logic that they can be. Unless of course the local or state police have mistakenly filed a disqualifying condition to the NCIC, and then they're just cleaning up their own mess.