NICS Delay on Purchase at Walmart

[Howland937]

Never bought a gun at Walmart before, but they had some bolt rifles on clearance so I decided to buy a Savage Axis in 22-250 and one in 6.5 CM. Don't need either, and not even sure I want them, but for less than $200 each, thought I'd give them a chance. My transaction was put on delay for the first time in my life. Manager tells me 90% of their sales get delayed and it's possibly because I was buying 2. I've bought multiples several times before so I'm not sure I believe that. Walmart policy is they won't sell without a "proceed" specified. My FFL buddy says he never gets a proceed after a delay...they either deny or the release date expires. Walmart says they wait 30 days for a response. My buddy says it's not likely I'll ever get those rifles. Anyone know how that works for certain? I have another gun on order but can I still buy it even though I'm on a delay elsewhere?

 

[bassjam]

I've never heard of getting a verbal "proceed". If the ATF doesn't deny, that defaults it to a proceed. It's happened several times to me and I have to wait the 3 days. Here's the rules:

https://www.atf.gov/firearms/qa/mus...ss-days-transferring-firearm-transferee-after

 

[Howland937]

Yeah, I read all that too...

I've never heard of getting a verbal "proceed". If the ATF doesn't deny, that defaults it to a proceed. It's happened several times to me and I have to wait the 3 days. Here's the rules:

https://www.atf.gov/firearms/qa/mus...ss-days-transferring-firearm-transferee-after

My understanding from the manager at Walmart is they won't proceed without an actual "Ok to proceed" which is kind of a catch 22 since from my understanding, no such thing exists after a delay. Walmart policy is "we'll wait up to 30 days and if we haven't heard back, the gun is back up for sale", not to mention they will not use CHL for background check.

 

[Conelrad]

Another reason not to buy from WallyWorld.

C

 

[AlexanderA]

This is understandable right now. The government has slowed to a crawl, with employees working at home, etc. I imagine that NICS is no exception.

 

[George P]

This is understandable right now. The government has slowed to a crawl, with employees working at home, etc. I imagine that NICS is no exception.

Add in a larger than normal volume of sales as well to slow things down.

 

[BearBrimstone]

I can’t speak for other states seeing as they all treat things differently but in my home state of Tennessee stores get a call saying proceed or denied after a delay. In the two years I worked at Walmart I think the longest wait I had for a customer was a day, but I’m guessing that could be much higher right now with everything that’s going on.

 

[bassjam]

Yeah, I read all that too...


My understanding from the manager at Walmart is they won't proceed without an actual "Ok to proceed" which is kind of a catch 22 since from my understanding, no such thing exists after a delay. Walmart policy is "we'll wait up to 30 days and if we haven't heard back, the gun is back up for sale", not to mention they will not use CHL for background check.

That sucks then. I've never purchased a firearm from Walmart so I have no experience with that, but you may be dealing with a rouge manager. If you really want the firearm it might be worth printing the ATF's policy and talking to the manager about it.

 

[Howland937]

It's more a frustration that I got a delay to begin with. Not knowing how that would affect doing another background check in a couple days when the gun my buddy ordered for me comes in bothers me too. Whether or not I get the rifles isn't as much an issue at this point as much as having Federal law, state law, local law and vendor law all going in different directions. Lol

 

[dogtown tom]

Manager tells me 90% of their sales get delayed and it's possibly because I was buying 2.

FBI NICS is not told "how many" firearms the buyer is receiving, only the type (handgun/long gun/other firearm)

I've bought multiples several times before so I'm not sure I believe that. Walmart policy is they won't sell without a "proceed" specified. My FFL buddy says he never gets a proceed after a delay...they either deny or the release date expires. Walmart says they wait 30 days for a response.

After thirty days the original FBI NICS check expires, Wal Mart would have to perform the NICS again.

 

[jmr40]

Doesn't sound like a Walmart problem at this point. It sounds like a backed up NICS problem. Fortunately here in GA showing my carry permit allows me to skip the background check. It usually takes me 5-10 minutes from most smaller shops.

It's not just Walmart being extra careful with sales, but any high volume firearm seller has a target on their back. There are some independently owned gunshops here in GA that force you to go through 3-4 layers of approval in order to purchase a firearm. The paperwork is checked, and rechecked multiple times. Any doubts at all the sale doesn't happen.

And I can't really blame them. They are targets for lawsuits from the anti-gun crowd. They won't sue the small community gun shops because there is no money. But let Walmart, Cabelas, BPS, or any other large retailer make a mistake and sell a gun to someone who shouldn't have one and it will cost them more money than I'll make the rest of my life.

 

[dogtown tom]

I've never heard of getting a verbal "proceed".

I hear it several times per day.

If the ATF doesn't deny, that defaults it to a proceed.

No, it doesn't.
If delayed, the FBI NICS will give the dealer an NTN date (three business days, beginning the next business day and not including Saturdays, sundays, holidays or days state offices are not open). The dealer wil be told by FBI NICS "The Brady Law does not prohibit the transfer of the firearm on XX/XX/XXXX ". That's NOT the same as a "proceed". The dealer is required to record the response later received from NICS. Recording "proceed" when the FBI NICS never gave that status is an infraction on the dealer. Form 4473, Que 19.d is where the dealer records what happens after the initial NICS check......"No response was provided within 3 business days" would be what the dealer records, not "proceed".

It's happened several times to me and I have to wait the 3 days. Here's the rules:

https://www.atf.gov/firearms/qa/mus...ss-days-transferring-firearm-transferee-after

The ATF FAQ is terribly incomplete. For up to date information on FBI NICS and the Brady Law ALWAYS refer to the FBI NICS website:https://www.fbi.gov/services/cjis/nics

 

[dogtown tom]

Another reason not to buy from WallyWorld.

C

Yeah, all we need is one less firearms retailer.

 

[dogtown tom]

I can’t speak for other states seeing as they all treat things differently but in my home state of Tennessee stores get a call saying proceed or denied after a delay. In the two years I worked at Walmart I think the longest wait I had for a customer was a day, but I’m guessing that could be much higher right now with everything that’s going on.

Tennessee dealers do not contact FBI NICS, they use a Tennessee state agency for their background checks....that's why you pay for your background checks when other states don't.

 

[dogtown tom]

That sucks then. I've never purchased a firearm from Walmart so I have no experience with that, but you may be dealing with a rouge manager. If you really want the firearm it might be worth printing the ATF's policy and talking to the manager about it.

No ATF or FBI regulation requires a licensee to transfer a firearm EVER. Even with a "proceed".

 

[dogtown tom]

Doesn't sound like a Walmart problem at this point. It sounds like a backed up NICS problem. Fortunately here in GA showing my carry permit allows me to skip the background check. It usually takes me 5-10 minutes from most smaller shops.

It's not just Walmart being extra careful with sales, but any high volume firearm seller has a target on their back. There are some independently owned gunshops here in GA that force you to go through 3-4 layers of approval in order to purchase a firearm. The paperwork is checked, and rechecked multiple times. Any doubts at all the sale doesn't happen.

And I can't really blame them. They are targets for lawsuits from the anti-gun crowd. They won't sue the small community gun shops because there is no money. But let Walmart, Cabelas, BPS, or any other large retailer make a mistake and sell a gun to someone who shouldn't have one and it will cost them more money than I'll make the rest of my life.

Nailed it.

 

[buck460XVR]

Another reason not to buy from WallyWorld.

C

Why? Not WalMart's fault the delay. At that 2 for one price, I too probably woulda went for them even tho I have no need for another rifle. As for the WalMart policy of not proceeding unless they get an official "Okay to proceed", I've heard that before. From what my LGS tells me, most of their delays never go to the three day default. That within those three days, the majority of the time, they get either an approval or a denial. Many times it's just a matter of hours when the system is overloaded. What I have been told the reasoning behind the WalMart policy is, that even tho the FFL can default and transfer the firearm after three business days, the background check does not stop until it is either approved or denied. If after three days and you have taken possession of the firearm, if your check comes back as denied, the FFL has to contact you about returning the firearm. Walmart doesn't want to deal with this, so they wait thirty days for the official reply.

 

[dogtown tom]

Why? Not WalMart's fault the delay. At that 2 for one price, I too probably woulda went for them even tho I have no need for another rifle. As for the WalMart policy of not proceeding unless they get an official "Okay to proceed", I've heard that before. From what my LGS tells me, most of their delays never go to the three day default. That within those three days, the majority of the time, they get either an approval or a denial. Many times it's just a matter of hours when the system is overloaded. What I have been told the reasoning behind the WalMart policy is, that even tho the FFL can default and transfer the firearm after three business days, the background check does not stop until it is either approved or denied. If after three days and you have taken possession of the firearm, if your check comes back as denied, the FFL has to contact you about returning the firearm. Walmart doesn't want to deal with this, so they wait thirty days for the official reply.

Yup

 

[Howland937]

Yeah, I guess it's more or less the not knowing why...and since every other gun I've purchased elsewhere since I've had a CHL went through in just a couple minutes, it's just a frustration I've never dealt with. Ironically, I called my dad and told him about the sale, he shows up 20 minutes later and gets approved within 10 minutes.

 

[Steve S.]

Begs the question “What’s changed?” - the virus and the virus fallout - your delay may be nothing more than a safety valve for the lack of processing capability - no reflection on you or Walmart - simply present circumstances. “Occam’s Razor”, don’t underestimate the simple explanation.

 

[newfalguy101]

I've never heard of getting a verbal "proceed". If the ATF doesn't deny, that defaults it to a proceed. It's happened several times to me and I have to wait the 3 days. Here's the rules:

https://www.atf.gov/firearms/qa/mus...ss-days-transferring-firearm-transferee-after

I actually DID get a call frpm NICS tellinge I could proceed....2 days after the gunshow.

And matter of fact when I was checking by computer, I had a couple that went to procceed within a couple hours

 

[bassjam]

Yeah, I guess it's more or less the not knowing why...and since every other gun I've purchased elsewhere since I've had a CHL went through in just a couple minutes, it's just a frustration I've never dealt with. Ironically, I called my dad and told him about the sale, he shows up 20 minutes later and gets approved within 10 minutes.

There's a pawn shop near me that won't accept CCW permits instead of the background check and I've purchased several firearms from them. 50% of the time I'm put on a delay. I could buy guns 4 months apart and one will have a delay and the next time won't. Could be a multitude of reasons and many have nothing to do with you. And irregardless of what dogtown tom is trying to say, if they don't hear back in 3 business days they are allowed to proceed with the sale. I've been told they almost never hear back. Walmart is being weird, plain and simple.

 

[Howland937]

There's a pawn shop near me that won't accept CCW permits instead of the background check and I've purchased several firearms from them. 50% of the time I'm put on a delay. I could buy guns 4 months apart and one will have a delay and the next time won't. Could be a multitude of reasons and many have nothing to do with you. And irregardless of what dogtown tom is trying to say, if they don't hear back in 3 business days they are allowed to proceed with the sale. I've been told they almost never hear back. Walmart is being weird, plain and simple.

Correct that after 3 business days they are allowed to proceed, by letter of law. But they will not proceed, by letter of Walmart policy (as told to me last night by management)

 

[AlexanderA]

Tennessee dealers do not contact FBI NICS, they use a Tennessee state agency for their background checks

Same here in Virginia. The State Police handle the background checks. There's an additional state form, besides the federal Form 4473, that buyers have to fill out, that asks a couple of extra questions.

Starting July 1st, the same system will apply to private (individual-to-individual) gun sales. The parties will have a choice -- either to get the check through an FFL dealer, or directly from the State Police, who are required to have tables for this purpose at all Virginia gun shows.

 

[newfalguy101]

There's a pawn shop near me that won't accept CCW permits instead of the background check and I've purchased several firearms from them. 50% of the time I'm put on a delay. I could buy guns 4 months apart and one will have a delay and the next time won't. Could be a multitude of reasons and many have nothing to do with you. And irregardless of what dogtown tom is trying to say, if they don't hear back in 3 business days they are allowed to proceed with the sale. I've been told they almost never hear back. Walmart is being weird, plain and simple.

Just because they can does NOT mean they have to....as Tom said...DEALERS ARE NOT REQUIRED TO TRANSFER, EVER