Firearm Purchase Background Check Delay??

Discussion in 'Questions about MI Hunting/Fishing Law' started by warrenwaterfowler, Mar 16, 2008.

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  1. This isn't as much of a game or field enforcment question as it is a firearms purchasing question. I hope someone can help though.

    I went to Cabela's to and tried to purchase a new shotgun on Saturday. I've bought guns before here and other places and have never had any problems. But when I tried today, the clerk told me after my background check was performed, I had a DELAY in the approval.

    The clerk, of course, couldn't be told what the delay was caused by.

    A couple of facts:

    -Last year I had a 1st offense Operating While Impaired (Misdemeanor)
    Not something I am proud of at all, but it is in the past.(thankfully)

    -about 4 1/2 months into my 6 month (non-reporting) probation, my probation officer petitioned the court for a warrant for me for Violation of Probation (VOP)(not attending required classes), which I was unaware of well past the deadline to report to the court. (He said it is standard proceedure to issue a warrant for not meeting the requirements of probation....even if you still have almost two months to meet those requirements...weird huh?)

    -Once I found out about the warrant, I contacted my Probation Officer immediatly. I straightened the situation out by supplying proof that I had, indeed, met ALL requirements of my probation and he agreed to withdraw the petition for arrest warrant for VOP.

    -Later I received an Order for Discharge from Probation & an "Action In Court" document stating that the Judge had Cancelled the Warrant & waived the warrant fee because I never was in violation of my probation

    So, my question is this: Why couldn't I buy a new shotgun this weekend? Would/ should the info I've provided above be reason for me to be kept from a firearms purchase?

    Again, the clerk (oh, sorry, I mean...outfitter) at Cabela's wasn't told why there was a delay, and it wasn't an outright denial (he said there IS a difference), but I can't help but think the delay is due to this past situation.

    I do plan on contacting the court on Monday to make sure they don't have some kind of clerical error.


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  2. malainse

    Staff Member Super Mod Mods

    1.Contact the court and make sure everything is cleared up in the system...Like you said might be a clerical error..

    2. The instant check scans the system. There might be someone with a similar name / DOB that is prevented from purchasing a weapon. Thus the reason for the delay.... They will manually look at the information.

    My friend runs into this everytime. He is a deputy with a sheriff's office...:dizzy: He ran his own name in the system and poped up a guy out of Florida with same name, 2 years older with a bunch of drug trafficking warrants...

  3. They have to either deny, grant, or let the delay die and do it withing 3 days. Wait till the required 3 days are up before jumping through all the hoops that would be needed if you run off to the court house Monday morning.

    If you are denied then you have to go to the court and start the paperwork. On the other hand it could be nothing more than a similarity between your name and someone else. If you get the green light or the NICS just drops the "hold" on Tuesday or Wednesday then the trip to the court house will have been burned up time and gas.
  4. You received a delay of approval. Usually this means that they are going to see why you were on probation. After they have the correct information the approval should be granted.

    From my understanding the system is automated. It gets redflags from your sos number and name and date of birth.

    Don't worry, I have had the same problem too. But the store contacted me a couple weeks later saying I was cleared to purchase the firearm. You just have to give it time so they can do the check manually. Which means some human being will look into why you were on probation.
  5. Dont worry about it.It happen to me couple of weeks ago (Delayed).The system they use for long guns is not a good one.I tryed to buy a shotgun at gander mountain and was delayed.Legaly if they (who ever deleyed us)does not respone back in three days cabelas can legally sell you the gun however gander mountain has a eight day policy.So i went in on the 8th day and they called it in again and it was still delayed. So they had to sell me the gun very stupid.Not sure about cabelas policy but you might want to check.O i forgot I just purchased a handgun a few mounths prior with no problem at all. You figure that one out.
  6. Well, I checked back with the court in Bay City today and found out that there are no outstanding issues with them. I am free and clear. So, now I guess I just have to sit and wait for some computer to say I can buy a gun. God Bless America.

    Do you think the computer will comp me the money for a tank of gas to drive again to Cabela's and back?
  7. I got the call from cabela's today 3/19/08, and they told me I was approved to buy the shotgun I wanted. I told them thanks, but they lost a customer on this one. Not because it's their fault, but I'm not springing for the $50.00 in gas plus the time to go back down there when I can buy the same gun at a local shop here for $20.00 more than it costs at Cabelas. If I was a retailer I'd be very upset about these "delays" costing me customers, but cabela's didn't seem too concerned.
  8. Id expect it happens to them every day.
  9. It's not a perfect sytem and it's unfortunate we have to be bothered with it at all, but trying buying a firearm in Canada, England, Australia, etc., etc., etc.

    I feel very fortunate that I can say, GOD BLESS AMERICA!! It may not be much longer that we can enjoy the rights we currently do.
  10. ok..whatever. It just really irked me. I'm all for keeping guns out of the hands of those who shouldn't have them, But not at the cost of infringing on our basic rights. Think about it. The right to bear arms can be delayed by the gov't....what about the right to free speech, or assembly, or to worship how you like, or the right to a fair trial.... my point is, it's not acceptable to delay these rights to anyone, and if they were, there would and should be a flood of disention. The right to own a firearm should be no different.

    Don't get me wrong, I'm very appreciative of my rights, I'm just not complacent when I feel they are being piece mealed to me.

    In this age of instant information, you mean to tell me there is any good reason for that delay? Anyone who can't legally own a gun wouldn't go to a retail store to buy it anyway.

    By the way, I love our country too. And I've served it proudly in the 101st.
  11. You should be irked, as well as every other law abiding person. This is just one more "feel good" law that does nothing to deter crime, and as you have experienced, hinders your right to own a gun.
  12. boehr

    boehr Banned

    Since this thread has turned into an opinion thread -closed as topic has been answered. Feel free to continue your opinions in Sound Off.

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