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Virginia State Police "instant" background check delays

Moccasin

New member
Joined
Dec 25, 2009
Messages
2
Location
You Know, Virgina
Less than 10 minutes today-

Went to LGS in the town of Orange today and found something I wanted. Completed the paperwork and had to wait for the fellow in front of me to finish his transfer (apparently delayed from earlier this week) and pay for it. My approval was ready before his transfer was complete.

EDIT- after rereading previous posts it occurs to me I have the government clearances that were mentioned (INSCOM employee) and a CHP. Some FFL's have told me the CHP typically causes delays and some have said the clearances do. Fact is I've waited for about 4 hours 1 time in the last 4 or 5 years, other than that it's been minutes. The purchase I just made was an "assault rifle" as was my previous purchase about a month ago. Name doesn't have too much affect either as I see it, last time I spoke to my son he had waited for over a week for approval and still didn't have it.
 
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GreatDaneMan

Regular Member
Joined
Sep 6, 2011
Messages
213
Location
Chesapeake, Va
Went to LGS in the town of Orange today and found something I wanted. Completed the paperwork and had to wait for the fellow in front of me to finish his transfer (apparently delayed from earlier this week) and pay for it. My approval was ready before his transfer was complete.

EDIT- after rereading previous posts it occurs to me I have the government clearances that were mentioned (INSCOM employee) and a CHP. Some FFL's have told me the CHP typically causes delays and some have said the clearances do. Fact is I've waited for about 4 hours 1 time in the last 4 or 5 years, other than that it's been minutes. The purchase I just made was an "assault rifle" as was my previous purchase about a month ago. Name doesn't have too much affect either as I see it, last time I spoke to my son he had waited for over a week for approval and still didn't have it.

For me, Wednesday it took me under 5 minutes. CHP. A uturn ticket, and a combonation 20 over/evading the police double misdemeanor charge due to corrupt Chesapeake cop. Lawyer got both out in court but the charges still show on record. I would of figured this would make it at least a little longer but was just 5 minutes. I guess I am special. This factor is why I do not OC often. Cant afford the lawyer and crap from stupid cops. The last one cost me over a grand fresh out of school and my new job at the airport that I had just got approved for.
 
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Sheriff

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Joined
May 19, 2008
Messages
1,968
Location
Virginia, USA
For me, Wednesday it took me under 5 minutes. CHP. A uturn ticket, and a combonation 20 over/evading the police double misdemeanor charge due to corrupt Chesapeake cop. Lawyer got both out in court but the charges still show on record. I would of figured this would make it at least a little longer but was just 5 minutes. I guess I am special. This factor is why I do not OC often. Cant afford the lawyer and crap from stupid cops. The last one cost me over a grand fresh out of school and my new job at the airport that I had just got approved for.

You sound like a young man??

It's in your best interest to get those charges expunged while you are still young. The laws on expungement have been changed, it may not cost you as much as you think to file for and get the expungements. Well worth it, bud!
 

GreatDaneMan

Regular Member
Joined
Sep 6, 2011
Messages
213
Location
Chesapeake, Va
You sound like a young man??

It's in your best interest to get those charges expunged while you are still young. The laws on expungement have been changed, it may not cost you as much as you think to file for and get the expungements. Well worth it, bud!

It was June of 09 of charges. October 09 of dismissal. I didnt even know at that time that charges showed (Been a good boy growing up).... or I would of had my lawyer look into it. Should I talk to the same lawyer or can I do it myself? PMs welcome...thanks by the way. I was supposed to be starting at the norfolk airport fueling planes and transfering cargo but he said not interested after that happened. I actually start tomorrow at my new job. Parts manager at an auto parts company.
 
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DrMark

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Joined
Jan 13, 2007
Messages
1,559
Location
Hampton Roads, Virginia, USA
VCDL action alert:

As many of you are painfully aware, background checks for gun purchases have been anything but instant for the last several years. Many people have been delayed DAYS and even WEEKS! The situation had continued to deteriorate throughout 2011.

VCDL had a bill put in by Senator Black to allow dealers to use the free federal National Instant Check System for long guns to take the load off the State Police. Other bills were put it with similar intent and VCDL backed those bills as well.

The General Assembly decided to carry those bills over until next year and to allocate more money to the State Police solely for firearm background checks. In essence the State Police were given one year to get their act together so that "instant checks" are once more "instant." If not, those carried over bills would come back and the State Police would be taken out of the picture.

To fix the broken Instant Check System, a block of money has been allocated for the State Police in the budgets proposed by both the House and the Senate. The problem is that the House version has only allocated half of what the Senate has allocated. This is probably a mistake on the part of the House, but whether it is or not, we need the Senate budget amount to be the one that makes it.

To that end, VCDL needs you to send an email to your Senate and to your Delegate, urging them to support the Senate version of the budged for the State Police Firearms Transaction Center (FTC).

To send a pre-written email to your Delegate, click here:

http://tinyurl.com/797o5kq

To send a pre-written email to your Senator, click here:

http://tinyurl.com/7xc9g5h


Let's roll!
 

crazydude6030

Regular Member
Joined
Jan 20, 2009
Messages
512
Location
Fairfax, va
I bought a new firearm on Tuesday and the check seemed to take under 5 minutes. The only delay was the person putting the info in.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
You could probably do it yourself.

Read and study the link below.....

It should be easy sailing unless the commonwealth objects. Even then, you might be able to speak for yourself, or hire an attorney at that time.


http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2

Forms for use in obtaining expungements with instructions:

J&DR: http://www.courts.state.va.us/forms/district/dc587.pdf
instructions: http://www.courts.state.va.us/forms/district/dc587inst.pdf

GDC: http://www.courts.state.va.us/forms/district/dc363.pdf
instructions: http://www.courts.state.va.us/forms/district/dc363inst.pdf

Cir: http://www.courts.state.va.us/forms/circuit/cc1473.pdf
instructions: http://www.courts.state.va.us/forms/circuit/cc1472inst.pdf
 

stickslinger

Regular Member
Joined
Dec 13, 2009
Messages
181
Location
Woodbridge
VCDL action alert:

And, here is the answer I got....

Thank you for raising this issue to my attention. As it stands now, the Senate Democrats don't look like they are going to allow the passage of the Senate budget (or any budget for that matter) any time soon. I will certainly keep this in mind should they come to an agreement. I am a strong supporter of protecting the Second Amendment to keep and bear arms, so I understand the frustrations when your Second Amendment rights are subject to delay. I am supportive of efforts to provide Virginia State Police with the adequate resources to improve instant background checks.

Again, I appreciate your correspondence and invite you to contact me if I can be of any further service.

Mark Dudenhefer
Delegate, 2nd District
 

user

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Location
Northern Piedmont
There is a simple solution to this problem. We're not required to have our "instant background checks" go through a state agency, under federal law, an FFL could (absent a state-imposed requirement) go directly to the federales for the thumbs-up. West Virginia has no state involvement in background checks, and they don't seem to be having any problems. So, in order to save money, I suggest getting the VSP out of the loop entirely, just shut that office down, and eliminate the statutory requirement that background checks go through the VSP. Besides, it would mean half as much paperwork for both buyers and sellers and result in a net savings to the Virginia economy generally.
 
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peter nap

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Valhalla
There is a simple solution to this problem. We're not required to have our "instant background checks" go through a state agency, under federal law, an FFL could (absent a state-imposed requirement) go directly to the federales for the thumbs-up. West Virginia has no state involvement in background checks, and they don't seem to be having any problems. So, in order to save money, I suggest getting the VSP out of the loop entirely, just shut that office down, and eliminate the statutory requirement that background checks go through the VSP. Besides, it would mean half as much paperwork for both buyers and sellers and result in a net savings to the Virginia economy generally.

How do the FFL's in W.V. access the databases Dan?

Considering they may not get the budget bump, that is an idea for next years VCDL wish list.
It's certainly a better idea than any of the stupid bills that were introduced this year.
 
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user

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How do the FFL's in W.V. access the databases Dan?

Considering they may not get the budget bump, that is an idea for next years VCDL wish list.
It's certainly a better idea than any of the stupid bills that were introduced this year.

It appeared to me that it works exactly the same way, but they're just calling a different telephone number.

The one time I observed the process it went really quickly and smoothly.

Btw, here's something of interest with respect to this issue: WV-NICS-Exemption-Bill-Passes-Senate-Committee-Unanimously!
 

DrMark

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Joined
Jan 13, 2007
Messages
1,559
Location
Hampton Roads, Virginia, USA
There is a simple solution to this problem. We're not required to have our "instant background checks" go through a state agency, under federal law, an FFL could (absent a state-imposed requirement) go directly to the federales for the thumbs-up. West Virginia has no state involvement in background checks, and they don't seem to be having any problems. So, in order to save money, I suggest getting the VSP out of the loop entirely, just shut that office down, and eliminate the statutory requirement that background checks go through the VSP. Besides, it would mean half as much paperwork for both buyers and sellers and result in a net savings to the Virginia economy generally.
There were bills to make us a NICS state, but they never got anywhere.

I agree that it sounds like a great simplification of the process. However, it would require the state legislature voting to limit a role of government and abandon a fee that we pay to the state. Legislatures are generally opposed to doing that. In my opinion, that's why the bills got no where.
 

peter nap

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There were bills to make us a NICS state, but they never got anywhere.

I agree that it sounds like a great simplification of the process. However, it would require the state legislature voting to limit a role of government and abandon a fee that we pay to the state. Legislatures are generally opposed to doing that. In my opinion, that's why the bills got no where.

Mark, the bills were to still go through the State Police, just bypassing the state check, one providing more information via a pipeline to the feds, one or two only for long guns and at least one, only for CHP's.

That's a far cry from the system West Va uses where the FFl does the check and bypasses the middleman.

Mike was extolling the virtues of the proposed bills saying it would be faster.
That's so far out in left field it's not worth arguing about. The same people with the same agency are still doing the checks, they're just eliminating one of the steps.

If the same bills are introduced next year, they'll be fought just as hard as they were this year.

Now as Dan suggested, WV's system has some promise.
 

DrMark

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Mark, the bills were to still go through the State Police, just bypassing the state check, one providing more information via a pipeline to the feds, one or two only for long guns and at least one, only for CHP's.

That's a far cry from the system West Va uses where the FFl does the check and bypasses the middleman.

Mike was extolling the virtues of the proposed bills saying it would be faster.
That's so far out in left field it's not worth arguing about. The same people with the same agency are still doing the checks, they're just eliminating one of the steps.

If the same bills are introduced next year, they'll be fought just as hard as they were this year.

Now as Dan suggested, WV's system has some promise.
Dealers going straight to NICS, getting the VSP out of the picture completely, is what I've been advocating for 6 months or more. I think more than 30 states already do this. I think this is all that Dan is describing as well. The VSP has proven they cannot get the job done; cut them out.

I thought this is what the introduced bills did. I suppose I did not realize how convoluted the bills were if they kept the VSP involved.

The state wants to keep feeding the pig with our $2 per spoon (and a suggested $400k more).

This could all go away, along with the increasingly frequent and lengthy delays, if VA became a NICS state like so many others.
 

peter nap

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Dealers going straight to NICS, getting the VSP out of the picture completely, is what I've been advocating for 6 months or more. I think more than 30 states already do this. I think this is all that Dan is describing as well. The VSP has proven they cannot get the job done; cut them out.

I thought this is what the introduced bills did. I suppose I did not realize how convoluted the bills were if they kept the VSP involved.

The state wants to keep feeding the pig with our $2 per spoon (and a suggested $400k more).

This could all go away, along with the increasingly frequent and lengthy delays, if VA became a NICS state like so many others.

I think we're all on the same page now Mark!
All the bills I've seen still kept the SP in the picture as the call center. There is also no reason whatsoever to pipeline additional information to the Feds.
 

GreatDaneMan

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Sep 6, 2011
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Chesapeake, Va
Seven days after purchase/background check submission, it was up in the air. Dealer released H&K USP 9 to my father in good faith Wednesday.

Government fail.
392740500-fail.jpg
 
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Sheriff

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May 19, 2008
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Location
Virginia, USA
Does anybody recall what took place with the Virginia tint laws? The Virginia State Police used to administer the program. They would review the applications for medical waivers and issue the tint exemptions to residents. But all of a sudden the program was turned over to DMV. Anybody recall the reason? Was it something else the state police just couldn't get done in a timely manner?
 
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