Gun Purchase 'Deferred'


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maskedman504
April 8, 2012, 03:44 AM
I went to Cabela's a few weeks back to buy a 10/22. I had my Kansas DL and the paperwork showing the transfer of my FL CCW for a Kansas CWP (I also had my FL CCW which Kansas reciprocates with). They run my info, comeback and tell me I am being 'deferred' - the ATF cannot process my info right now. The clerk told me they were probably too busy and I should come back in one weeks time; if the Gov't had not responded by that time, I can pickup the rifle because they no longer need the background check from the ATF after one week.

Anyone ever get 'deferred?'

Anyone ever heard of this?

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MachIVshooter
April 8, 2012, 03:50 AM
It's delayed, not deferred. Means they are unsure of something. Could be that you have a common name, or perhaps a kink in the system where they're unsure if a charge or warrant was dismissed. Got any unpaid parking tickets?

I can pickup the rifle because they no longer need the background check from the ATF after one week.

Nope. Cannot sell it without the NICS "proceed". And ATF doesn't do the checks; It's FBI or a state-level investigative agency.

They'll call you if it's a proceed, and you'll have 24 hours to pick up the gun, or they have to do another BG check.

mnrivrat
April 8, 2012, 04:49 AM
Yes it is called a delay.

Maybe state laws effect the time but here it is 5 days, and if the NICS has not gotten back to the dealer ,the gun can in fact be released to the buyer.

22-rimfire
April 8, 2012, 08:29 AM
Good to see that Cabelas are following the law and will allow you to take possession if the government takes no further action. Some retailers will simply not transfer a gun that has been delayed for any reason.

Must me that high capacity mag capability. :D

Salmoneye
April 8, 2012, 08:44 AM
I was always under the impression that the NICS delay was 72 hours...

Meaning that if the FFL does not hear back in 72 hours, they have every right to transfer the gun to the buyer...

NavyLCDR
April 8, 2012, 08:58 AM
Three business days!

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d0cfa2d8209b9fd5220272f9b2142ad7&rgn=div8&view=text&node=27:3.0.1.2.3.6.1.12&idno=27

Title 27: Alcohol, Tobacco and Firearms
478.102 Sales or deliveries of firearms on and after November 30, 1998.

(a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:

(1) Before the completion of the transfer, the licensee has contacted NICS;

(2)(i) NICS informs the licensee that it has no information that receipt of the firearm by the transferee would be in violation of Federal or State law and provides the licensee with a unique identification number; or

(ii) Three business days (meaning days on which State offices are open) have elapsed from the date the licensee contacted NICS and NICS has not notified the licensee that receipt of the firearm by the transferee would be in violation of law; and

(3) The licensee verifies the identity of the transferee by examining the identification document presented in accordance with the provisions of 478.124(c).

Example for paragraph (a). A licensee contacts NICS on Thursday, and gets a “delayed” response. The licensee does not get a further response from NICS. If State offices are not open on Saturday and Sunday, 3 business days would have elapsed on the following Tuesday. The licensee may transfer the firearm on the next day, Wednesday.

NOLAEMT
April 8, 2012, 09:18 AM
It's delayed, not deferred. Means they are unsure of something. Could be that you have a common name, or perhaps a kink in the system where they're unsure if a charge or warrant was dismissed. Got any unpaid parking tickets?



Nope. Cannot sell it without the NICS "proceed". And ATF doesn't do the checks; It's FBI or a state-level investigative agency.

They'll call you if it's a proceed, and you'll have 24 hours to pick up the gun, or they have to do another BG check.
not trying to be rude, but that is false.

After 3 business days the FFL is allowed to transfer the firearm to you, no further NICS check is required. The NICS check is also good for 30 days from the day it is called in for THAT transfer, if another gun is purchased another NICS check must be performed.

GCMkc
April 8, 2012, 11:41 AM
3 business days is news to me. I get delayed all the time and was told the maximum waiting is 5 days and have waited that long before. Last gun purchase I did only get delayed for 3 days... I need to get a UPIN or renew my CCW.

MachIVshooter
April 8, 2012, 12:13 PM
not trying to be rude, but that is false.

After 3 business days the FFL is allowed to transfer the firearm to you, no further NICS check is required. The NICS check is also good for 30 days from the day it is called in for THAT transfer, if another gun is purchased another NICS check must be performed.

OK, my mistake.

In CO, we don't use NICS. CBI handles it, and their rules are a little different according to the FFL's I know. For instance, CA residents cannot purchase a firearm here, period.

I can't find it in text right now, but I'm pretty sure that a CO FFL cannot transfer without a proceed.

I can tell you that a delay will take at least 3 days:

First, select the background check with a status of COMPLETE. A Completed status consists of a determination of APPROVED, DENIED or REJECTED. (A DELAYED status is an automatic three-business day wait)

Second, review the 24 hour advisement and select PROCEED to view background check result. This 24 hour automatic deletion is triggered by accepting the background check and proceeding to the result.

Third, you will now see the result for the background check; Approved, Denied or Rejected. If the check has been Approved or Denied, the transaction data will only be available for 24 hours. If the check has been rejected, you may review the application and resubmit the check (resubmission eliminates the 24 hour automatic deletion) if the REJECT is not resubmitted, then this will be subject to automatic deletion within 24 hours.

maskedman504
April 8, 2012, 01:33 PM
The Cabela's guy used the lingo deferred.

To me, it just seems to be a way to impose a mandatory waiting period before taking ownership.

Flyincedar
April 9, 2012, 02:04 PM
The cabelas guy had the wrong lingo. He works at the gun counter, doesn't mean he actually knows anything. I went to Wheeling, WV Cabelas to get a holster for a Sig P250 as I was passing by. The guy at the counter had no idea what a P250 was.

mp510
April 9, 2012, 02:15 PM
The Cabela's guy used the lingo deferred.

To me, it just seems to be a way to impose a mandatory waiting period before taking ownership.
__________________


The cabelas guy had the wrong lingo.

Maybe. Maybe not. In Connecticut, the correct term is "temp. denial." I'm not sure what state the transaction happened in (was it KS or elsewhere?), but if it happened in a NICS POC state, it is very possible that the state made up their own term, which is reported as a delay on the federal form.

Flyincedar
April 9, 2012, 10:46 PM
That's always possible. I'm used to our system, which is the exact screen that NICS is looking at when you call in. We have the system, so we don't have to call in. It comes back as either "Proceed", "Delay", or "Denied". A delay goes to "Open" after three business days if it doesn't end up "Denied", and we can transfer the gun...... Which could lead to issues. Had one go "Open", gun was transferred, ATF called a couple days later for the persons info because it was ultimately denied. It can happen

Ryanxia
April 10, 2012, 10:47 AM
I talked to a guy at my LGS who was delayed, after not hearing back he picked up his shotgun a week later. Weeks later he tried to purchase a handgun and got denied. Of course it seemed he knew the reason why and was half expecting it.

I'm just thankful I've never gotten a delay, it would probably make me quite nervous. :D

NavyLCDR
April 10, 2012, 12:35 PM
A delay goes to "Open" after three business days if it doesn't end up "Denied", and we can transfer the gun...... Which could lead to issues. Had one go "Open", gun was transferred, ATF called a couple days later for the persons info because it was ultimately denied. It can happen

Issues only for the purchaser, though. The FFL complied with the laws applicable to them.

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