So, on 18 May 2021 my Form 4 was submitted. Still not approved. Called the AFT, and their recorded message preparatory to describing the menu options say "if you are in a pending status this means it has not yet been assigned to an examiner". I was told its in a "pending" status.
Well, after waiting a year with what appeared to be zero action, I contacted my Senator's office to see if they could break the log jam for me.
The reply that they got back from the ATF was that I'm in a delayed status with NICS since 31 Mar 2022.
Now, I have no criminal record and have never been arrested. I have never had any issue with NICS since my first check in about '96-97' time frame.
And, on 16 Mar 0f 2022, my FFL received a BA of mine from Altus and we did the NICS thing. We got back "Delayed" which shocked me. My FFL said to not worry, they are totally in the weeds and if they can't do the "instant" part, then they reply Delayed until they can get to it. In fact, NICS approved the transfer with a Proceed 3 hours after giving us a Delayed response. Clearly, this Delay was due to staffing/work load as if there was anything substantive involved then it wouldn't have cleared that fast.
AND, it would have to have been something entered into my FBI records between the 16 Mar "Proceed" on the BA and this Delay supposedly in place since 31 Mar.
The AFT just said "talk to the FBI". The FBI (yes, I actually got someone from NICS on the phone...not easy) said "oh, we know nothing about Form 4 and you need to talk to the ATF". Typical government circle jerk.
I called the ATF again today and was told "pending". I asked if that meant that it had not yet been assigned to an examiner, as described by the AFT's menus system greeting. She told me no, that a Form 4 is in pending status for the entire period of their processing and will only change when either approved or denied. Doesn't match what they are saying on their phone message but WTF knows.
So, I tossed this back to my Senator's office and I'm waiting to hear back.
This process...both the ATF and FBI/NICS is so opaque that a citizen actually has no way to find out what's going on and if there is an issue to find out what it is and get it resolved.
By the by, NICS appeals are only for Denied. NICS VIF (UPIN) is only for future purchases and will do nothing for this can....and, I don't have any record of being frequently denied or delayed which is why you would go thru the hassle of getting a UPIN.
And yes, you can ask for your FBI records. Go get fingerprinted again, write a check, mail it in, and I guess you will get it sometime. But what if there is nothing in there to justify the Delayed? Because, they won't actually tell you if you are being Delayed and if so, why.
Now, I'm closing in on 70 this year, was a former USAF officer, have had mil and civ security clearances throughout much of my career, have passed numerous NICS checks incl on 16 Mar of this year, and have no criminal background.
What a fucking quagmire and a perfect example of why I hold government in general contempt on the issue of competency and efficiency.
I hate the AFT.
So, in my somewhat hyper anxiety yesterday after my Senator's office forwarded a reply from ATF that the FBI/NICS has had my suppressor on "Delay" since Mar 31 when I just cleared a NICS check on a BA on 16 Mar???
Anyway, while you can appeal a Denial....you can't do shit or get really any info on a Delay (well, not without perhaps an attorney). You can get your FBI file, that really doesn't indicate wtf is the reason for the Delayed status.
I did take a bit of a desperate action yesterday and emailed the VAF (UPIN guys) as they were the only people in NICS I could find to reach out to directly. I did acknowledge that my situation doesn't seem to be in their portfolio but asked if perhaps they could direct me to the proper person that I could contact.
That was yesterday....the same day that ATF came back to my Senator's office saying I'm on Delay since Mar and that's that. Assholes.
So today (!!) the VAF office replied to me that they reached out to the supervisor of the department that handles ATF background checks (part of NICS) and was informed that:
"your transaction with the FBI has recently been completed and sent back to the ATF. The ATF should be in contact with you upon completion of your application."
Now, they didn't say what "recently been completed" means but I suspect that perhaps it was yesterday! haha The very same day that the ATF insisted that the FBI said I'm on Delay.
I THINK (not caps...I don't know, but I think) that the NICS office puts all ATF NICS requests on Delay as the Brady law says they have 3 days to complete a check on a Delay or the item can be released by the FFL. This does NOT apply to NFA Form 4 stuff. But we know that all of these orgs are totally in the weeds, have a big backlog, and I suspect that the "Delay" put on my Form 4 on 31 Mar is the date the NICS folks got the ATF request for background check and given that they were not going to be "instant" (as in the I in NICS) they routinely put all such background requests on Delay status until they can get to it. I do NOT know that....but I think it may be the case.
Anyway, next week we (Senator's office) is going to ping the ATF about this...if those assholes come back and say I'm still on FBI/NICS Delay, then we will go to war. But I suspect (again, don't know) that we may have broken the log jam and got things moving again. Aside from the background check, I don't think (that word again) there is much else to process.
Anyway, that's were we are.
Damn, this stressed me out terribly yesterday. In 1998 I ran into an issue with NICS (first gun bought under NICS req) with them having absolutely erroneous and incomplete data in my record and it took about 2 years and $$ to a lawyer to get it cleaned up. I feared I was about to be dropped into that quagmire again but thankfully not.
The NICS regs need to be amended, IMO, to include some sort of admin law court for "Delayed" where a citizen can find out WHY they have been put on Delay and defend/appeal/rebut the NICS position.
Cheers