Expert: Robert P. Firriolo - 11/21/2009

Question
Thank you for answering the questions on this site. It is very helpful. I attempted to purchase my first rifle(long gun)in upstate NY. That was last week and I am still in delayed status. I do have one juvenile record but that should of been sealed or expunged ( and it was 30 years ago). I also have a non conviction record from TX (26 years ago) for a misdemeanor A charge (res arrest) but this was a deferred adjudication which was dismissed after a year. Oh yeah..I also have a DWAI dating back 26 years ago but this was just a traffic violation at that time. None of these appear to prohibit gun ownership. Trust me, I was young a stupid then. I am a professional with 4 degrees now. This whole delay of purchase has me very upset. First, how long can they "delay" the decision? Can they deny my purchase ? I plan on applying for a NY pistol permit after the pending decision from NICS for my rifle purchase is resolved. Also, in your opinion will I be successful for the NY pistol permit ? Do I need to obtain a certificate of disposition for the juvenile record? Thanks and sorry for the long submission.  

Answer
Your first question is, how long can the FBI delay the decision. If the dealer has not received from NICS a final determination after three business days have elapsed since the delay response, it is within the dealer's discretion whether or not to transfer the firearm. The reason why the delay may be taking so long is that this is a very busy time of year for firearm sales (coinciding with big game hunting season in most states) and NICS is probably inundated with inquiries. Ask your dealer to proceed with the sale, and if he or she won't do so, you will have to wait for FBI to make its determination.

Your second question is, can FBI deny the sale. Yes, if the records show you are a prohibited person. If you are eventually denied by NICS, you can contact FBI and appeal the determination. Be sure to get the NICS Transaction Number (NTN) from the dealer. According to FBI:

Individuals who are denied the purchase of a firearm may request that the NICS or the state which processed their transaction provide the reasons for the denial. The regulations address the process for filing an appeal. Appellants must include the NTN assigned to their transaction. Appeals may be submitted via facsimile at 1-888-550-6427; by e-mail at nicsappeals@leo.gov; or by mail to the FBI, Criminal Justice Information Services Division, NICS Section, Appeal Services Team, Post Office Box 4278, Clarksburg, West Virginia 26302-9922.

It is impossible to tell you if you will be successful in applying for a NYS pistol license. First, you will need to clear up anything on your record that makes FBI think you're a prohibited person. You should not need anything for the juvenile record if it is sealed or expunged, but you will need to disclose it on the license application. Next, in New York, pistol licenses are discretionary, which means that the issuing officer can issue or deny it based on subjective criteria. They will consider whether you're applying for a premises or carry license, and if the latter, what "proper cause" you give them for issuance of the license.