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  1. #1
    Junior Member shinigami is on a distinguished road
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    Default Delay on my background check.

    Hello-

    I am attempting to purchase a handgun in the state of Texas.

    When my gun dealer ran my NICS background check, he told me that he could not sell the gun to me immediately, that there would be a three day delay while some further checks are being done. I researched the issue and found that often this happens with people who have common names or criminal records that are not clear enough to make an immediate decision.

    I'm concerned in my case because I have a criminal record and possibly a mental health history. I'd like to talk about both of those items:

    1. I was once put on deferred adjudication for criminal trespassing in the state of Texas. I checked, and this should be a class B misdemeanor with a maximum jail time of 180 days. If that's the case and I have nothing more serious on my record than that, I should be fine, correct? As an aside, since the charges were supposedly dismissed after serving my probation, does it even count as a conviction?

    2. I previously joined the Air Force and was given an uncharacterized discharge / ELS. During bootcamp, I decided that I'd made the wrong decision about joining. After a long meeting with my TI, with a wink and a nod, he asked me if I felt that I might be a danger to myself or others. I agreed that I might be. I was therefore transferred to the hospital on base, where I talked to some shrinks and was diagnosed with "mixed anxiety-depressive disorder" before receiving the discharge. As I understand it, the gun law is only concerned with involuntary confinement to a mental institution. In my case, my transfer to the mental ward was very much voluntary, but I don't know if that's how it will be reflected on my records. How likely is it that this information will appear on the background check?

    I know that in the state of Texas, it's possible to have gun rights restored even after incidents involving mental health care. Can anyone advise me on how I should proceed should my application be denied?

    Thanks for any help.

  2. #2
    It's Just My 2 GregM will become famous soon enough GregM's Avatar
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    I get delayed every time except once which just happened to be the last handgun I bought.
    Apparently there is someone out there with my name or close to it that is a BG. I always get it but there is always a delay.
    You'd think after a number of times there would be a foot note or something next to your name, but I guess not.
    I just live with it.
    Greg
    It only stands to reason that where there's sacrifice, there's someone collecting the sacrificial offerings.
    Where there's service, there is someone being served.
    The man who speaks to you of sacrifice is speaking of slaves and masters, and intends to be the master.
    Ayn Rand
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  3. #3
    Junior Member shinigami is on a distinguished road
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    Greg-

    In your case, you might want to look into getting a NICS UPIN.

  4. #4
    It's Just My 2 GregM will become famous soon enough GregM's Avatar
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    Thought about it and even got the paper work, but decided not to kick the sleeping bear.
    At first I was really offended, but after a few times, I just got used to it.

    The last time (when I didn't have to wait) it was at a little mom & pop place in a small town just down the road from our even smaller town. Don't know why it made a difference. Usually the delay is a few hours.
    Greg
    It only stands to reason that where there's sacrifice, there's someone collecting the sacrificial offerings.
    Where there's service, there is someone being served.
    The man who speaks to you of sacrifice is speaking of slaves and masters, and intends to be the master.
    Ayn Rand
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  5. #5
    Senior Member AussieRogue is on a distinguished road AussieRogue's Avatar
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    Been there done that I when I got my first rifle had a delay maybe because I'm a permanent resident but next day got the OK and went and picked it up
    "Life's tough ........ It's even tougher if you're stupid" - John Wayne

    A gun owner is a citizen.
    Anyone else is a subject

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  6. #6
    Military Rifle Collector Capt Mil Coll is on a distinguished road Capt Mil Coll's Avatar
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    I was having purchase delay every time I went through NICS. I found out if you DONT give your Social Security number it can make a difference. So I stopped useing the SS number on the apps. I still get delayed once in a great while but not nearly every time like before.
    On a side note I was delayed for 3 days which is the law and it states that after that time they have to allow the sale of the firearm if not denied. Gander Mountain said that they would not release the firearm to me for 11 days. Even though that is against the law. They claim that is store policy. I said well thats the last firearm or anything I buy here.

  7. #7
    Dong Tam, RSVN '69/'70 BangBang will become famous soon enough BangBang will become famous soon enough BangBang's Avatar
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    I am in the process of finding out what causes me to get a conditional approval as we speak....

    I usually get one about every 3rd or 4th purchase I make. That adds up to 4 or 5 conditionals a year and it is aggrevating.

    You can't just pick up the paperwork and apply for a NICS UPIN... first you have to be refused for a purchase (not just a conditional). Then you have to go through the entire appeal process.

    If the appeal goes your way and you are finally approved for the sale then you can be considered for the UPIN.

    I have been through all the phone calls and jumped through all the hoops.

    Finally my LGS suggested I contact my Congressman. I did and he suggested that first we try to find out what is coming up under my name that causes the conditional.

    He said if that gets no answer then he will try to get me dispensation to apply and receive the UPIN...

    I am now in the 4th week of a Congressional Inquiry in behalf of my name. I was told it takes between 45 and 60 days for the inquiry to get a result.

    That means I should hear something in another 2 weeks or so.

    I will let y'all know how I make out as it develops....

    Don
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  8. #8
    Junior Member huryel is on a distinguished road
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    Common names always create a problem.My mother name is Aslam and Father as well.So i had to face a lot of issues everywhere.So It is true that [Only registered and activated users can see links. ] can also have the same name like you or me.

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