NICS Delay on Purchase at Walmart

[newfalguy101]

That would be a great question for your state rep!!!! buck460

 

[George P]

Yes, the concept was if you were mad at your neighbor you couldn't go to the LGS and buy a gun, come home and whack them.And as originally written, if you have a gun or twelve, you could just buy another without the need to "cool off". Say you had several center fire handguns and wanted a .22 to plink with you could go buy it and take it home.
Then they changed it to a "waiting period". No explanation required.

And now in Florida, out illustrious Dem leaders instituted a 3 day wait even for long guns UNLESS you have the CWFL; then you can walk out the door. Watched a father and son get disappointed big time in Academy - they were there to buy the kid a .22 and when told they had to wait 3 days, the look on that poor kid's face was heartbreaking.

 

[herrwalther]

Which is sad, considering FBI NICS is a free service, toll free call or web check. States that are Points Of Contact are charging the dealer (who in turn charges the prospective buyer a fee for a service that the FBI provides FOR FREE.

Yeah it is pretty sad. My guess is the fee helps pay for the State POC office. FBI has a larger budget. States may get grants from the fed to setup POC offices and the fees help pay employees and maintenance.

 

[mjsdwash]

I got a delay once, only once, from a guy who said "uh...I don't know" to a question asked about the spelling of my name. He came back and thinking I didn't overhear him from 30" away said I was delayed at random. Actually, he just didn't want to wait on the phone while the agent talked to a supervisor. If this guy is this incompetant at a full gun shop, I imagine the guy at walmart is iffy.

 

[Howland937]

I imagine the guy at walmart is iffy.

The day I was originally in there, it was 2 female managers I'd dealt with. They're required to have 2 salaried management members for all gun purchases. Neither were particularly knowledgeable but weren't entirely lost. A guy called me to tell me I was ok'd, but it was the same 2 females when I went in to pick them up. It took almost as long just to pick them up as originally trying to buy, but understandably they didn't wanna screw anything up. All 3 of us learned something through the course of this transaction. And I helped them sell a Mossberg 500 youth model to an old man shopping for his grandson. All's well that ends well.

Now gonna need recommendation for decent budget scopes. Got a couple old Burris scopes sitting around but can't bring myself around to the thought of putting them on a cheapie.

 

[GHinNH]

I did the same thing 99% of the working population does and had some beers sitting on our tailgates with the guys after work. Guess what happened on the way home. That was 5 years ago.

Now when I purchase a firearm, I fully expect to be delayed and am never ever disappointed. No big deal I guess, I go back 5 days later and get it. They count weekends, so if I buy on Friday, I go get it Tuesday.

It is however at the discretion of the store, and policies vary wildly, I can guarantee you that for sure.

 

[FlSwampRat]

Regarding FFL honoring CCW , here in Wisconsin a carry permit is good for 5 years. The reasoning , as I understand it , is that an individual could have been hit with a restraining order or some other disqualifier in that interval , thus the requirement for a background check at time of purchase.
I thought that was a universal standard , but apparently I was wrong.

I stand corrected.

That's what it is in Fla

 

[FlSwampRat]

And now in Florida, out illustrious Dem leaders instituted a 3 day wait even for long guns UNLESS you have the CWFL; then you can walk out the door. Watched a father and son get disappointed big time in Academy - they were there to buy the kid a .22 and when told they had to wait 3 days, the look on that poor kid's face was heartbreaking.

In Broward County it's 5 days. Business days. Because as we all know, waiting can't be done on a weekend or holiday.

 

[Howland937]

In Broward County it's 5 days. Business days. Because as we all know, waiting can't be done on a weekend or holiday.

As if they couldn't figure out in 5 minutes whether you're disqualified from buying a firearm, much less 5 days...

 

[George P]

As if they couldn't figure out in 5 minutes whether you're disqualified from buying a firearm, much less 5 days...

That's not the point; one can be qualified and just had a major blowout with a friend or spouse to the point that you want to kill them.

 

[FROGO207]

I believe if I was ever in that frame of mind, going to a gunstore would be the LAST thing I would do. It is a good thing 99.99% of the citizens in the USA are mostly a peaceful, level headed bunch. To me no thing, person, or relationship is worth what would happen if I were to blow up. Usually carma and the next guy or two they meet will solve the problem without you needing to be involved.

 

[FlSwampRat]

As if they couldn't figure out in 5 minutes whether you're disqualified from buying a firearm, much less 5 days...

The background check has nothing to do with the waiting period. A CWP removes the need for a waiting period but the background check is still necessary. As said before, the purchaser could have done something to make them prohibited person since obtaining the CWP.
I don't really have an issue with the concept of a br check if no record is kept once the approval is rendered and if the information in the computer system was 100% accurate.
I have an issue with the waiting period because I don't see many ways in which someone waiting to get their gun is helpful to society at large but I do see where someone who is threatened can't quickly get a gun to protect their self being bad for the person needing sudden quick protection. If someone were so enraged as to want to do bodily harm to another person, I don't see the lack of a firearm preventing the violence. Kitchen knives, the ubiquitous blunt object or even hands and feet are quite lethal. I don't see an enraged person jumping in their car, driving to a LGS and buying a gun appearing calm enough not to set off bells in the LGS staff's mind, driving back to where they came from in order to then shoot the enraging person.

 

[Howland937]

Truly. And it's technically a background check, so no amount of searching is going to reveal a person's current thoughts. However, there have been what some people with a certain agenda are calling "red flag laws" being pursued as we speak. I think the stated goal is to address those people who have or maybe might potentially someday somewhere blow up.

 

[Howland937]

The background check has nothing to do with the waiting period. A CWP removes the need for a waiting period but the background check is still necessary. As said before, the purchaser could have done something to make them prohibited person since obtaining the CWP.
I don't really have an issue with the concept of a br check if no record is kept once the approval is rendered and if the information in the computer system was 100% accurate.
I have an issue with the waiting period because I don't see many ways in which someone waiting to get their gun is helpful to society at large but I do see where someone who is threatened can't quickly get a gun to protect their self being bad for the person needing sudden quick protection. If someone were so enraged as to want to do bodily harm to another person, I don't see the lack of a firearm preventing the violence. Kitchen knives, the ubiquitous blunt object or even hands and feet are quite lethal. I don't see an enraged person jumping in their car, driving to a LGS and buying a gun appearing calm enough not to set off bells in the LGS staff's mind, driving back to where they came from in order to then shoot the enraging person.

I do agree with this. Background checks don't bother me in the least. Waiting a few days doesn't seem to be really helpful unless it is in fact a "cooling off period".

 

[buck460XVR]

....as I understand it, the original 5 day waiting period in the Brady bill, only applied to states that did not have an alternative method for background searches on handgun purchases. This was dissolved 4 years after it's inception. So any true "waiting period/cooling off period" now, must be at a state level. The 3-5 day period nowadays that is given for performing background checks is not a "cooling off" period, but just the max amount of time given until the sale cannot proceed without a determination of any kind. I believe the FFL must complete the check in their records as either a proceed or deny, even if the would be purchaser, does not come back after that time for the gun and the gun is not transferred. Spent a good amount of time one day chatting with the owner of the LGS about this.

 

[dogtown tom]

.... I believe the FFL must complete the check in their records as either a proceed or deny,

Absofreakinglutely NOT!
If NICS doesn't give a "Proceed" or "Denied" the dealer sure as heck better not falsify the status of that NICS check. Thats a felony.
If the Brady transfer date arrives and there has been no resolution the dealer records on Que 19.d "No response was provided within 3 business days"
If NICS called back and tells the dealer (or eNICS updates that status) "Proceed" or "Denied" the dealer checks off the correspond response and the date the NICS examiner called.

even if the would be purchaser, does not come back after that time for the gun and the gun is not transferred....

In that case, the dealer just files away the 4473....after correctly recording the results of the NICS check.

 

[buck460XVR]

Absofreakinglutely NOT!
If NICS doesn't give a "Proceed" or "Denied" the dealer sure as heck better not falsify the status of that NICS check. Thats a felony.
If the Brady transfer date arrives and there has been no resolution the dealer records on Que 19.d "No response was provided within 3 business days"
If NICS called back and tells the dealer (or eNICS updates that status) "Proceed" or "Denied" the dealer checks off the correspond response and the date the NICS examiner called.

Settle down....no where did I say anything about the dealer falsifying any records. Only that he must complete the paperwork regardless of whether or not the purchase is made. I did not say the paperwork was done immediately. I assumed everyone would realize that a reputable dealer would only put down the correct information and only after he received it. Same goes for any updating.

 

[dogtown tom]

Settle down....no where did I say anything about the dealer falsifying any records. Only that he must complete the paperwork regardless of whether or not the purchase is made. I did not say the paperwork was done immediately. I assumed everyone would realize that a reputable dealer would only put down the correct information and only after he received it. Same goes for any updating.

But that's not what you wrote:"I believe the FFL must complete the check in their records as either a proceed or deny,"......... Over half my delayed transactions NEVER get a status update, meaning I don't choose EITHER of those two options.
You think I need to settle down, yet what you described is a felony.

 

[FlSwampRat]

Over half my delayed transactions NEVER get a status update

Tom, are you getting delayed statuses still? We have been getting "Decision Pending" for the last little bit from FDLE. They used to say Delayed like NICS, but now we get those pending statuses and I don't think a single one of those has ever gone to "Approved" (not proceed. More FDLE wording)
I wonder why they can't get a def. yes or no in a month.

 

[dogtown tom]

Tom, are you getting delayed statuses still? We have been getting "Decision Pending" for the last little bit from FDLE. They used to say Delayed like NICS, but now we get those pending statuses and I don't think a single one of those has ever gone to "Approved" (not proceed. More FDLE wording)
I wonder why they can't get a def. yes or no in a month.

Yup, had three delays this week, one changed to proceed last night.
I've had more denied transactions in the last month than in the last three years combined. All will likely be successfully appealed.