Virginia State Police "instant" background check delays

[MagiK_SacK]

I have yet to experience a delay. The only delay I have had was self inflicted because I can never remember to bring a copy of my orders with me. So i have to fight with my phone to bring up the website. As far as the clearance goes, I am not too sure about that. I currently have a Secret clearance, and still no delays. I am sorry for those of you who have to experience any kind of delay. I agree that the system needs alot of improvement. Like Sheriff said, it's 2012, it shouldn't take much longer than 5 minutes to pull up criminal history and have a yes or no. It just makes no logical sense.

 

[Felix]

There must be some commonality linking the circumstances of those who have experienced unusually long clearing delays (other than merely the shortage of people manning the phones at the Virginia State Police site) since some members seem to have no problems at all.

The Commonwealth databases searched include:

1. Virginia’s wanted and missing persons files and protective orders

2. Virginia’s criminal history record files

3. Previous firearms purchases (to ensure compliance with one handgun per month)

4. Virginia’s adjudications of legal incompetence and incapacity and commitments to mental institutions for inpatient or outpatient treatment

And, of course, the federal NICS check runs concurrently with the Commonwealth check and looks at things like Wanted Persons File, Protection Order File, Interstate Identification Index, Deported Felons File, US Secret Service Protective File, Foreign Fugitive File, Bureau of Alcohol, Tobacco Violent Felon File, Illegal/Unlawful Aliens File, Mental Defectives/Commitments File, Dishonorable Discharges, Citizenship Renunciants, Controlled Substance Abuse File and Denied Persons File.

All it takes is a single hit on at least one of those database files for your immediate approval to be denied; followed by a more time consuming physical review of what's contained therein.

Any of you folks with lengthy wait times care to volunteer which file may have been the culprit?

I don't personally believe that whether or not a person has a government security clearance makes any difference whatsoever. But I do have a feeling that if your name ever gets associated with a "crime gun," you'll never get an instant approval again. Unfortunately, it's fairly easy to get that tag...as I understand the process, every gun that comes to the attention of an LEO is traced through the fed's system as a "crime gun."

Using a simplistic example here, if you're involved in a traffic stop and the cops run your gun's serial after you thought you were being nice by volunteering you were carrying (and letting them check it because you had 'nothing to hide'), your name is now tied to a "crime gun" even if it's returned without further action. You can end up in the doghouse just by virtue of having your gun's serial number run through the federal system for whatever reason.

Maybe one of the cop members or our former FBI agent can set me straight if I have the "crime gun" aspect cocked up.

 

[peter nap]

There must be some commonality linking the circumstances of those who have experienced unusually long clearing delays (other than merely the shortage of people manning the phones at the Virginia State Police site) since some members seem to have no problems at all.


I don't personally believe that whether or not a person has a government security clearance makes any difference whatsoever. But I do have a feeling that if your name ever gets associated with a "crime gun," you'll never get an instant approval again. Unfortunately, it's fairly easy to get that tag...as I understand the process, every gun that comes to the attention of an LEO is traced through the fed's system as a "crime gun."

I don't think there is a single answer why Felix, but I agree that there is more to it than just a manpower shortage.

With Government clearance, some require a supervisor approval before any action can be taken, so approval will get snagged in that spot until he gets the email or off the phone. Other clearances have the approval built in, and sail right through.

 

[DrMark]

An interesting comment was made when I inquired about the delays in my case. I was informed that there was a flag if you have ever held a govt. clearance that delayed it.

I spoke to someone who works in the VSP department about that very topic. They walked me through the dtabase searches, described the Soundex software that will flag it your name "sounds like" that of a bad guy. I was assured that a Federal Government security clearance has no bearing on the process.

Take that for what it's worth. I too hear people swear otherwise.

 

[jmelvin]

In the 4.5 years I've lived in Virginia I've purchased 2 guns that required background checks at stores. In both cases while there were people immediately around who had been waiting for hours for their check to come back I waited no longer than the time it took the clerk to call in the information or punch it into the computer. It took longer to fill out the paperwork than it took to get the "all clear". I have no idea why, but that's been my experience so far.

 

[wylde007]

I have had two separate checks for transfer purchases take over 24 hours and a gun show purchase which took almost four hours.

 

[Table]

Security Clearances

I currently hold some high ones and currently going through my 5 year re-investigation. Recently bought two handguns within a 30-day period. Never been delayed. However, close friend (school teacher / USN Ret formerly with a bunch of clearances) gets delayed every single time.

 

[Retired USN]

Took about 10-15 minutes when I bought mine last year.

 

[Felix]

However, close friend (school teacher / USN Ret formerly with a bunch of clearances) gets delayed every single time.

And I'll bet you a free Starbucks coffee on VT Day that he's on one of those lists I noted a few posts up in the thread. When you come up as a hit, the quick computer check ceases and someone physically has to review the application. And that takes time. Ergo, some are approved in less than a minute (straight computer approval). Those requiring manual intervention are dependent upon the availability of personnel and I bet some of the really long waits either require coordination with an external agency and/or senior supervisor approval...again, time required.

I did read someplace that, on the average, only 1 in 5 Virginia applicants aren't approved on the spot (meaning a computer approval). OTOH, this unscientific thread might lead one to believe it's higher than that. But as shown many, many times, people with complaints respond in Internet threads, those experiencing no problems don't respond. So the numbers get skewed.

 

[TFred]

And I'll bet you a free Starbucks coffee on VT Day that he's on one of those lists I noted a few posts up in the thread. When you come up as a hit, the quick computer check ceases and someone physically has to review the application. And that takes time. Ergo, some are approved in less than a minute (straight computer approval). Those requiring manual intervention are dependent upon the availability of personnel and I bet some of the really long waits either require coordination with an external agency and/or senior supervisor approval...again, time required.

I did read someplace that, on the average, only 1 in 5 Virginia applicants aren't approved on the spot (meaning a computer approval). OTOH, this unscientific thread might lead one to believe it's higher than that. But as shown many, many times, people with complaints respond in Internet threads, those experiencing no problems don't respond. So the numbers get skewed.

I would think that the real numbers on this would be FOIA'able... if that is a word.

TFred

 

[Lawyer with a Gun]

Although my name isn't necessarily common overall, it is a somewhat common Latino name. Maybe that's why I'm almost always delayed beyond one day. The one exception was when I stopped by the gun store to pay for a gun as I was headed to court. It's just my luck that was the only time I was approved before I took two steps.

 

[Mayhem]

I think we would be hard pressed to find any gun dealer that doesn't do it electronically now?????

Most of the answers here so far are pretty disturbing. How can the state police take something so simple and screw it up so badly? I don't see it as a manpower issue, because a gangsta looking thug walked in during my last transaction, picked out a handgun, and was approved almost instantly. I still had to wait 3 1/2 hours more for approval even though I had been a law enforcement officer for almost 30 years. None of it makes any sense to me.

OK, I have ANOTHER guy that calls mine in too when I buy Class III items. I wait about a minute after they have all my data.

I was told at a gun show by some state police cops that there are fewer people in Richmond manning the phones for these checks.

Why do you think your background check takes so much longer?

Do you guys have rather common names?

 

[DrMark]

Posted by a dealer on 19 Dec 2011 here: http://www.vaguntrader.com/forums/ubbthreads.php/topics/262877/Re_VSP_Background_Checks

I had 18 Delays at the Dale City show this weekend. One delay came back approved (the guys name must have been really close to a felon's name or they would not have looked so quickly). One went into research, and another was denied for exceeding the one handgun every 30 day law.

The remaining 15 are still delayed, with the oldest one being from 10:19am Saturday morning. This indvidual is now going on three days without so much as someone at the state police looking at his background check.

When I spoke to them yesterday late afternoon they were still working on Thursdays checks.

 

[Mayhem]

Posted by a dealer on 19 Dec 2011 here: http://www.vaguntrader.com/forums/ubbthreads.php/topics/262877/Re_VSP_Background_Checks

So this seems to be in line with my post about them being short staffed.

 

[Repeater]

So this seems to be in line with my post about them being short staffed.

That thread refers to Delegate LeMunyon's Amendment. Here it is:

Item 416 #1h

Chief Patron: LeMunyon
Item 416 #1h

Public Safety: Department Of State Police

Language:
Page 300, line 3, strike "$52,132,298" and insert "$52,534,422".
Page 300, line 3, strike "$52,132,298" and insert "$52,534,422".

Explanation:
(This amendment provides additional general fund support for the instant firearms background checks program. The current $2.00 fee charged for these firearms background checks is insufficient to cover the costs of the program. Virginia's instant firearms background check program ensures that juvenile felons, persons convicted of domestic abuse, persons against whom a protective order has been filed, and persons with mental health diagnoses do not purchase a firearm. A number of these persons for whom Virginia prohibits firearm purchases are not captured through U.S. Federal Bureau of Investigation or other state records.)

This Amendment does not even consider eliminating the $2.00 [strike]fee[/strike] poll tax.

 

[Felix]

This Amendment does not even consider eliminating the $2.00 [strike]fee[/strike] poll tax.

No, and with language like that, anyone want to bet a fee increase won't lag far behind?

And how do you suppose they came up with a $402,124 budget increase? Wouldn't most people have just rounded it off?

Still, that should fund several more phone operators and hopefully speed up the clearing system a bit.

 

[cyras21]

I bought an XD9 Sub last week. It came in Tuesday and I filled out the paperwork around 3pm. I'm still waiting to be "cleared".

 

[cyras21]

and still waiting.... The dealer said he can release it Monday if he doesn't hear anything before then. I didn't even know this was an option.

 

[peter nap]

and still waiting.... The dealer said he can release it Monday if he doesn't hear anything before then. I didn't even know this was an option.

Tell the Dealer he can release it tomorrow!
They have three days to respond.

 

[cyras21]

Tell the Dealer he can release it tomorrow!
They have three days to respond.

If I wasn't working I would be in there. Unfortunately Monday is the earliest.