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Extended NICS delay.

Discussion in 'General Gun Discussions' started by bsctov, Dec 1, 2010.

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  1. bsctov

    bsctov Member

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    I'm sorry to be making another thread about this, but I'm not quite sure what to do or if theres anything I even can do.

    I purchased a rifle from dick's sporting goods because I had left over gift cards and they were running a great sale at my local store, so I fill out the paperwork and he calls in the NICS check and it comes back "Delayed", no big deal I thought since I ALWAYS get delayed then proceeded 24 hours later due to a restraining order I had against me that was filed based on false accusations.

    But today is the 3rd business day and I haven't heard back from them yet, and I called yesterday and the guy said they are still waiting on the approval and they will not transfer without a NICS proceed, he said it was store policy and he wishes he could do something about it but he advised me to wait.

    I called the FBI NICS operations center and got a rude, tired lady on the phone who refused to help, saying nothing could be done unless I was "Denied", I asked "What if nics never calls the FFL back again regarding my purchase?" and she said "I don't know".
    :banghead:


    I had the dealer call and they just say the transaction is still "Delayed"
     
  2. Old Fuff

    Old Fuff Member

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    Maybe the long Thanksgiving weekend has something to do with this.
     
  3. kyhuntsman94

    kyhuntsman94 Member

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    I would be patient in this case. Don't cal back for a week or so to give them time to process the request. There may be a backup due to the holiday, there usually is, and they may be sufferiing systems or network issues. Regardless, you do not want ot make a pest out of yourself. That could backfire on you BIGTIME!

    I can tell you that while the squeaky wheel gets the attention, it is not always the attention one wants.
     
  4. bsctov

    bsctov Member

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    Backfire how, exactly?
     
  5. NavyLCDR

    NavyLCDR member

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    Tell Dick's to transfer the gun to you or give you your money back. They have no legal right to keep your money because this is only a delay, not a denial, and they have the ability and option to transfer the gun to you after three business days. If they CHOOSE to not transfer the gun to you, it's their choice, and they are on the hook to give you a full refund. I would make a total stink at Dick's until either the gun is transferred to you or you have your money back.

    Dick's is named Dick's for a reason, BTW.

    I wouldn't bother with calling NICS until the delay turns into a denial. If it gets denied, all bets are off, including your refund, until your appeal with NICS is done.
     
  6. waterhouse

    waterhouse Member

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    On what date did you attempt to purchase the firearm?
     
  7. bsctov

    bsctov Member

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    I initially filled out the 4473 and made the purchase on November 26th.
     
  8. NavyLCDR

    NavyLCDR member

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    You are one day too early.

     
  9. bsctov

    bsctov Member

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    Oh, wasn't aware of "exclusive of the day on
    which the query is made".

    Not like it matters anyways, they won't transfer it after 3 days. I just want the darn rifle :(
     
  10. NavyLCDR

    NavyLCDR member

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    That is a true statement, because they are Dick's. But you will have to wait until tomorrow to start the stink.
     
  11. bsctov

    bsctov Member

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    I'm in the process of doing the Voluntary appeal file stuff, going to get fingerprinted tomorrow at the local pd. Hopefully the UPIN will stop this crazy non-sense.
     
  12. Captcurt

    Captcurt Member

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    I am new at this so if any of you old timers can prove me wrong, feel free to do so. If I am reading my Federal Firearms Regulations Referance Guide correctly, the gun can be transfered to you after it is delayed 3 full business days. (page 220, Section 25.6(c)(1)(iv)(B). If they called it in on Saturday you can pick it up on Thursday. If it was called in on Monday , it can transfer on Friday. (Per chart on page 221).

    I ran 3 NICS checks yesterday and they went thru in 30 seconds.
     
  13. bsctov

    bsctov Member

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  14. Carlos Cabeza

    Carlos Cabeza Member

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    I thought it was a 5 day wait ....????? Don't sweat it, happens all the time.
    I should have a file folder at my local dealer since I still have EVERY firearm I have ever purchased, yet I am delayed EVERY time. Be patient......
     
  15. bsctov

    bsctov Member

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    I bought a shotgun before, and i was delayed and then proceeded the following day, thats the only reason this concerns me.
     
  16. waterhouse

    waterhouse Member

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    They call it a 3 day wait, but in most cases it turns into 5 days. They define a NICS Day as a 24 hour period beginning at 12:01 a.m. the day after the check was made, and business days don't include weekends or Holidays. You may then pick your gun up on the day after the "3 day window."

    If there are no holidays, and you buy on a Monday, 3 days start on Tuesday at 12:01 a.m. and runs through Thursday night. If your dealer is open, you could pick your gun up after 12:01 on Friday morning, but generally have to wait until 9 am when the dealer opens.

    Any time a weekend breaks the 3 days up the wait gets longer, so if you attempt to buy a gun on Wednesday the shop can't give you the gun until the next Tuesday.

    You bought a gun on the busiest shopping day of the year, so as you suspected they are probably behind on their checks. The Dick's policy sucks, but there is no point in complaining about it until they open tomorrow and won't transfer your gun.
     
  17. Bubbles

    Bubbles Member

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    Legally an FFL can transfer the firearm to the purchaser on the third business day if NICS returns "Delayed". This provision was put into the Brady Law so that FedGov couldn't arbitrarily halt all sales from dealers by delaying everybody indefinitely.

    While many FFL's do the transfer on the third day, the larger chain stores will usually not transfer the gun until given the go-ahead.

    That said, we have one customer who was delayed six months ago, and we're still waiting for a response...
     
  18. BP Hunter

    BP Hunter Member

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    I would apply for an VAF. My first few purchases were delayed but always porceeded to the next morning. Since I havd had my UPIN, I always walk out if the store with my new toy.
     
  19. bsctov

    bsctov Member

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    No call yet, doesn't look like they will be calling back.


    I am absolutely livid, even more so after reading an FBI NICS operations report which said that in 2008, only 20% of delays which lasted longer than 3 days were eventually resolved.
     
    Last edited: Dec 2, 2010
  20. NavyLCDR

    NavyLCDR member

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    Time to get your money back from Dick's.
     
  21. bsctov

    bsctov Member

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    I just called the manager and asked them to call NICS and get the status of the transaction. He told me that they could not because they would be "Fined" for calling NICS again.

    I explained to him that they were not allowed to "Re-run" a check because they are valid for 30 days but they could inquire about the process of a check by pressing 2 and supplying the NTN. He said, "I don't know about that" and said he would "Talk to the lodge guy but he wasn't sure and that he would call me back tonight" (Which I am almost positive he won't do.)

    I'm going to wait until tomorrow and see if anything happens, if not, I'm going to ask for a full refund. If they refuse, my next call will be to the BATFE alerting them of the FFL that took my money and did not transfer my gun even though he was legally able to do so, and my next call will be to american express requesting a chargeback.
     
  22. dogtown tom

    dogtown tom Member

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    He's correct.

    At one time the FBI allowed dealers to call NICS to check on the progress of a "Delayed" response. They no longer allow this: (see the top of page 9)
    http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2008-11.pdf


    Per Federal law, the dealer is under no obligation to transfer you the firearm until NICS responds with a "Proceed". ATF will remind you of this.

    You chose to purchase at Dick's where their long time company policy is "no transfer without a Proceed". You also knew you were likely to get a Delay.

    IMHO, you should have made sure of Dick's policy before setting yourself up for aggravation.
     
  23. SpaceFrank

    SpaceFrank Member

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    I'm just surprised they took your money before doing the background check. Academy won't sell the gun without a Proceed either, but they also don't take your money until you get a Proceed. Does Dick's charge for the background check?

    I'm curious about the UPIN. I know what it is, but what's the process for getting one?
     
  24. bsctov

    bsctov Member

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    dogtown tom, that article doesn't say that anywhere,You are misunderstanding it. I guess option 2 on the automated system is just there to fake the FFLs out :p

    Well I finally got my rifle just 15 minutes ago, turns out no one ever called me back to tell me I was proceeded later THAT SAME DAY and when I had called them to ask what the status was I was told "DELAYED" even though the 4473 I just saw has "PROCEED 11/26/2010" written on it. The NICS lady refused to give me any information but was strongly hinting for me to go back to the store and see what was up, Now I understand why...

    Unbelievable.
     
  25. dogtown tom

    dogtown tom Member

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    Option 2 is used when NICS has attempted to contact the dealer regarding a previous transaction.

    For example:
    You are "delayed" on your purchase. The FBI NICS may attempt to contact me the next day to update your status. If I am not available or the phone rolls over to voice mail then NICS will not leave a message, only their callback number. I then would call NICS, choose Option 2 and get the updated status of your transaction.
     
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