NICS Wait Time

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suemarkp said:
March 5th would be the correct time if he bought today and was delayed. The business days are tomorrow (28th), Fri (1st), Monday (4th), and he can get the gun on Tuesday (5th).

His delay could be fixed sooner, but I always get the annoying 3 + day delay.
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Wrong. You must be in a weird timezone. Read page 218 of http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

like I posted. Today is Tuesday, February 26th in the USA. The three business days are Wednesday, Thursday and Friday. The gun can be transferred on Saturday, March 2nd, if the gun store is open on Saturday. Otherwise, it could be transferred on Monday, March 4th if the gunstore was closed on Saturday and Sunday.
 
one never called back, so I picked up the gun after 3 days
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You should know, there are major retailers, such as Gander Mt, who will not release any firearm without nics contacting them, regardless of the length of the delay. Gander Mt will terminate the purchase after five business days if they don't hear back from nics.
 
Dogtown Tom...No,he did not buy the pistol nor did he put a deposit on it.
When he asked if he could take it home that day(classic case of thinking there was a waiting period because of some crime drama television series) the store sales guy told him there could be a wait as long as March 5.
He also considered a Glock 26 but according to his wife pulling the slide back was too hard,which puzzled me,but he is 72 years old.
 
heeler said:
Dogtown Tom...No,he did not buy the pistol nor did he put a deposit on it.
When he asked if he could take it home that day(classic case of thinking there was a waiting period because of some crime drama television series) the store sales guy told him there could be a wait as long as March 5.
He also considered a Glock 26 but according to his wife pulling the slide back was too hard,which puzzled me,but he is 72 years old.
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Longer delay than needed, charging over MSRP...tell your co-worker's husband to find a new gun shop
 
Hoofan,I most certainly told him to go some where else.
However,I am going to with hold all judgement until I get somethings clarified this morning because after talking to his wife just minutes ago I suggested(due to Dogtown Toms statement) that she ask her husband if he filled out the 4473 form and if the shop made the call.
So Dogtown Tom might have this figured out and I may not have been given the full straight up facts.
Happens all the time when your getting news second hand.
Will let everyone know when and if I get the answer.
 
We have a 24 hour wait on rifles and shotguns and 72 hour wait for handguns! (State law)
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You left out the 30 day wait for your FOID card, if you don't have one already.

Jim
 
Today is Tuesday, February 26th in the USA. The three business days are Wednesday, Thursday and Friday. The gun can be transferred on Saturday, March 2nd, if the gun store is open on Saturday. Otherwise, it could be transferred on Monday, March 4th if the gunstore was closed on Saturday and Sunday.
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False, FBI NICS does not include weekends or holidays as "business days". If the call was made on Tuesday 2/26 and NICS returned a Delay, the earliest the gun can be legally transferred is Monday 3/4 if the FFL doesn't get a response before then.
 
NavyLCDR

Quote:
Originally Posted by dogtown tom
FBI NICS delays have nothing to do with the number of firearms on the 4473.......buying fifty handguns? NICS is only told about ONE.
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NICS is not provided any firearm information.
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You would be wrong.:rolleyes:
If you had ever made a NICS call you would know that NICS will ask the dealer "Type of firearm?" as indicated on Question 18.

As I stated above, you buy fifty handguns NICS is only told about ONE.


NavyLCDR
Quote:
Originally Posted by dogtown tom
the date FBI NICS is giving delayed transactions today is March 5th. (I just had one delayed)
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NICS isn't allowed to delay responses to a certain date. Since today is Tuesday, February 26th, a firearm with a delayed response may be transferred to the buyer on Saturday, March 2nd. See page 218 of this document:
http://www.atf.gov/publications/down...f-p-5300-4.pdf

NICS is only allowed to give an APPROVED, DELAYED, or DENIED response, not a "Delayed until xxx date" response:
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Again, you would be wrong.:rolleyes:
If you had ever made a NICS call you would know that NICS will tell the dealer: "This transaction will be delayed while NICS conducts additional research, the Brady Law does not prohibit the transfer of the firearm on XX/XX/XXXX".
The dealer then records that date in the space provided on Question 21c of the Form 4473. (that date BTW is called an MDI or Missing Disposition Information date)

The date given by FBI NICS to me yesterday was March 5th. Why don't you call them and tell them they cannot do that.;)


NavyLCDR
Quote:
Originally Posted by suemarkp
March 5th would be the correct time if he bought today and was delayed. The business days are tomorrow (28th), Fri (1st), Monday (4th), and he can get the gun on Tuesday (5th).

His delay could be fixed sooner, but I always get the annoying 3 + day delay.
Click to expand...

Wrong. You must be in a weird timezone. Read page 218 of http://www.atf.gov/publications/down...f-p-5300-4.pdf

like I posted. Today is Tuesday, February 26th in the USA. The three business days are Wednesday, Thursday and Friday. The gun can be transferred on Saturday, March 2nd, if the gun store is open on Saturday.
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Still wrong.

The dealer is not prohibited from transferring the firearm on TUESDAY MARCH 5th. AND THE FBI WILL TELL HIM SO

Whether the dealer is open on Saturday or Sunday makes no difference because the business days used are those used by the FBI and would include any STATE holiday as well.....if your state has a holiday on Monday? Then add one more day to that "three day delay".





heeler Dogtown Tom...No,he did not buy the pistol nor did he put a deposit on it.
When he asked if he could take it home that day(classic case of thinking there was a waiting period because of some crime drama television series) the store sales guy told him there could be a wait as long as March 5.
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The dealer IS CORRECT..........if the buyer would have been delayed then he would have to wait to receive the gun. And that would be true of ANY delayed transaction, at any dealer, anywhere in the USA.

HOOfan_1 ....Longer delay than needed, charging over MSRP...tell your co-worker's husband to find a new gun shop
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He would face the same situation at any gun store in the country......get delayed and you'll wait for the three business days or for NICS to update to a "proceed".
 
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heeler said:
Guys,a lady at work had her husband call me because he was considering buying a Beretta PX4 Storm sub compact and was asking me about price,the gun,ammo,etc.
Well this gun shop here in Houston is telling him(today) that they might not get approval from NICS until perhaps as late as March 5th.
I call BS on this and think they are having to order the pistol from the distributor and are being deceitful.
So for those that have bought in the last few days was there THIS kind of wait??
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1-800-bullhockey

Unless their state has some kind of funky "state" system ... or they have a waiting period.

My NICS check normally go through in seconds.
 
Bubbles said:
False, FBI NICS does not include weekends or holidays as "business days". If the call was made on Tuesday 2/26 and NICS returned a Delay, the earliest the gun can be legally transferred is Monday 3/4 if the FFL doesn't get a response before then.
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I am merely repeating what the ATF says. The ATF says that a purchase on Tuesday with a NICS delay can be transferred on Saturday. So I guess the ATF is wrong on this? Federal Firearms Regulations Reference Guide, published by the ATF, on page 218 shows this information. LOOK IT UP!
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

Never mind, I will post it for you:

15763357.jpg


See the purchase on Tuesday on the table? What is the delivery date listed that the FFL may deliver the firearm? SATURDAY.

I have posted the Federal Regulations. I have posted the ATF guidance. It sounds like NICS is no longer complying with the Federal regulations.
 
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Well then someone needs to update their stuff, b/c FBI has been counting three business days (not including today) and transfer the following day with us for a while now. And, since they record all calls we have to go by what we're told.
 
Well then someone needs to update their stuff, b/c FBI has been counting three business days (not including today) and transfer the following day with us for a while now. And, since they record all calls we have to go by what we're told.
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That is interesting. I do all of my NICS checks online, and they give no such date, merely a "Delay" notice. I've always used the chart the ATF gave me when I got my FFL to count the 3 days, which is the same one that Navy posted above, and works unless there is a holiday.

I have always found it funny that the concept of "3 days" requires an actual chart. "Oh, well, the first day doesn't start until tomorrow. And weekends and holidays aren't days either. Here, we'll give you a chart."
 
Bubbles said:
FBI has been counting three business days (not including today) and transfer the following day with us for a while now.
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And, you are absolutely correct. Get out your calendar, so you can follow this. NICS is called on Tuesday, and a response of delayed is received on Tuesday. The first full business day to elapse is Wednesday. The second full business day to elapse is Thursday. The third full business day to elapse is Friday. Therefore, the FFL can transfer the gun on Saturday, because even though Saturday is not a "business day" for the government, three full business have already elapsed, being Wednesday, Thursday and Friday, not including the partial day when the phone call was made. Just like the chart from the ATF says.

Now, NICS is called on Wednesday. The three full business days would be Thursday, Friday, and Monday. The FFL could transfer the firearm on Tuesday. Unless Monday was a Federal holiday and then Tuesday would be the third business day, and the FFL could transfer the gun on Wednesday. Unless sequestration takes place on March 1 and Monday is a holiday and Tuesday is a forced furlough day for government employees. Then the third business day would be Wednesday and the FFL would have to wait until Thursday to transfer the gun.
 
I went to Scheels in Eau Claire, WI on Saturday, Feb 9th to purchase 2 DPMS rifles. I received a "Delay" response at that time. I have been in contact with Scheels and there is still no word either way. This is my first time purchasing a firearm through an FFL. :confused:
 
Federal law only allows the Federal NICS system to delay up to three business days. I suspect that these delays of greater than 3 business days are in states that have their own "points of contacts" for the NICS checks rather than those states that use the Federal system alone.
 
NavyLCDR Federal law only allows the Federal NICS system to delay up to three business days. I suspect that these delays of greater than 3 business days are in states that have their own "points of contacts" for the NICS checks rather than those states that use the Federal system alone.
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Not exactly.
Three business days does not include holidays.

I'm in Texas and call FBI NICS, not a state POC.

I asked a NICS Legal Documents Examiner why they gave me a MDI date of 3/5 yesterday...........he said the computer generates the MDI date and it is specific to each state.

So............the dealer in the OP is correct.
 
dogtown tom said:
Not exactly.
Three business days does not include holidays.

I'm in Texas and call FBI NICS, not a state POC.

I asked a NICS Legal Documents Examiner why they gave me a MDI date of 3/5 yesterday...........he said the computer generates the MDI date and it is specific to each state.

So............the dealer in the OP is correct.
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Of course three business days does not include holidays because a holiday is not a business day, it is a holiday. Good grief.

So, Dealer calls NICS on Tuesday, February 26. NICS responds with a "delay" and an MDI date of 3/5 - which is 4 full business days between the delay response and the MDI date. Without hearing anything else from NICS, the dealer transfers the firearm on Saturday, February 2nd, which is 3 full business days between the delay response and transfer, according to the ATF chart which I posted. What Federal regulation or law has been violated by the dealer? Answer....NONE. I challenge you to post a citation to the Federal law that would be violated.
 
As I stated in an earlier post that I would follow up when I received more info.
So after talking to my co-worker earlier this morning I am here to say that that Dog Town Tom called it right.
He was denied.
Why I do not know but he was denied.
Now he has a very common first and last name so I asked her if he had used his SS number when we spoke about all of this intially and this morning she told me he had.
Now this 60 year old something woman is worried the man she has been married to for the last fourteen years might have a past she does not totally know about.
More drama!!
I told her with everything going on in D.C. this could just be one of those deliberate and punitive attempts by the feds to slow things down.
Something like this would not surprise me one bit with the current state of affairs.
One thing I am curious about that I am sure Dog Town Tom or one of the other ffl's can expand on is if the denial sticks does the gun dealer tell him why there was a denial?
 
heeler said:
As I stated in an earlier post that I would follow up when I received more info.
So after talking to my co-worker earlier this morning I am here to say that that Dog Town Tom called it right.
He was denied.
Why I do not know but he was denied.
Now he has a very common first and last name so I asked her if he had used his SS number when we spoke about all of this intially and this morning she told me he had.
Now this 60 year old something woman is worried the man she has been married to for the last fourteen years might have a past she does not totally know about.
More drama!!
I told her with everything going on in D.C. this could just be one of those deliberate and punitive attempts by the feds to slow things down.
Something like this would not surprise me one bit with the current state of affairs.
One thing I am curious about that I am sure Dog Town Tom or one of the other ffl's can expand on is if the denial sticks does the gun dealer tell him why there was a denial?
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The dealer won't tell him because the dealer will never know, nor is there any way for the dealer to find out.

What the dealer =should= have done was given his customer the NICS transaction number, an the information/data sheet necessary for the customer to file an appeal, if they wanted to.

All action must be taken by the customer .. the dealer can do nothing.
 
If your friend was denied, it is already a done deal. Denials are permanent until the buyer appeals it and it is overturned. The dealer is not supposed to know why the buyer was denied, because NICS is not allowed, by regulation, to tell them. But, after some of the things said on this thread, it appears as if NICS is not following regulations anyway.

The Dealer gets a NICSl Transaction Number (NTN). The denied buyer can obtain this NTN from the dealer and use that to file an appeal of the denial with the FBI:

http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng

It is not a government conspiracy to keep people from buying guns. It is likely a mistake. Happens all the time, that is why there is an appeal process in place.

This is exactly one reason why I am against a "universal background check".
 
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