NICS Wait Time

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heeler

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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??
 
I just purchasd a handgun a few days ago and had a proceed immediately.
 
Just purchased one a few weeks ago, in the heart of the panic, and I was cleared immediately.
 
Different shops do the process differently though. My LGS is always instant but the shop 30 minutes away takes 1-2 hours these days. That being said if he's talking March it's gotta be BS. I would call up another local shop and see what they say.
 
If NICS check receives a "delayed" status, the FFL can transfer the firearm without approval after 3 business days. Seems like a lot of motivation for a decision within 3 days. I'd be surprised to learn that there are many cases that take longer than business days. Or has there been a change with NICS processing that I am unaware of?
 
Does this person have a common name? Hopefully, this gets resolved quickly.

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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.

And if they don't a disapproval from NICS until March 5th, they can still transfer the gun to him on March 2nd, if NICS was called today.
 
I am convinced that this shop does not have the pistol in stock and was using this excuse to stall a very green buyer from going to another place so they could get it sent to them.
More so they were charging him more the manufacturers suggested retail price.
I will know tomorrow if he listened to my advice.
Since there is literally zero 9mm ammo to be had a reasonable price I will sacrifice three boxes of my 9mm larder so he can practice before his March 2 CHL class and qualifying shoot.
 
they might not get approval from NICS until perhaps as late as March 5th.
Unless the store is really scared of making money without Big Bro's permission, they'll sell the gun out from under NICS legally after the three day max delay period.

Which raises an excellent question I stumbled onto the other day; if UBC's are implemented, NICS will be even more overworked and crippled. If background checks for sales/transfers were coordinated through social media "somehow" (;)) you could create such a multi-day backlog that many guns would end up changing hands before the check went through--showing NICS' supposedly omnipotent prohibitive powers as the mere conceit they are.

TCB
 
heeler 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??
the husband wasn't considering buying......he bought. (can't run NICS until after buyer has completed the 4473)

And the store was correct.........the date FBI NICS is giving delayed transactions today is March 5th. (I just had one delayed)
 
Only time one is delayed is on purchase of multable guns purchased on the same 4473, otherwise it is about 15 seconds for the approval.

2/22/13 purchase took about 10 seconds for the approval for me at Cabela's. I must be on the NICE list, if they do not give an instant approval, within 48 hours the transfer can go through without the approval. That is the amount of time they have by LAW to deny a purchase.

Jim
 
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Colorado doesn't use NICS, but it was taking more than a week about a month ago. They got it down to a couple of hours two weeks ago and it was down to ~15 minutes today.
 
Only time one is delayed is on purchase of multable guns purchased on the same 4473, otherwise it is about 15 seconds for the approval.

I have bought as many as 4 on one form and phone call and it was approved immediately. Other times have had about 3 different individual purchases put on hold...one called back in less than an hour, one the next day, one never called back, so I picked up the gun after 3 days. I think they just randomly put a hold on purchases.
 
Does this person have a common name? Hopefully, this gets resolved quickly.

You can resolve it by putting your SSA# on the 4473 (optional) that would solve the common name thing.

Jim
 
jim243 Only time one is delayed is on purchase of multable guns purchased on the same 4473, otherwise it is about 15 seconds for the approval.
FBI NICS delays have nothing to do with the number of firearms on the 4473.......buying fifty handguns? NICS is only told about ONE.



.....if they do not give an instant approval, within 48 hours the transfer can go through without the approval. That is the amount of time they have by LAW to deny a purchase.
You should read the law because that isn't correct.
When NICS returns a "delay" the FBI has three business days beginning the next business day to do additional research on the buyer. If no response is given in that time, the Brady law does not prohibit the dealer from transferring the firearm.

Example: You attempt to buy a gun on a Friday and get a "delayed" response. The clock doesn't start on your transaction until MONDAY. With Wednesday being the third business day, the dealer may complete the transfer on Thursday. Not anywhere close to being 48 hours.
 
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.


BS


My wife bought a gun Sunday, NICS took a couple minutes longer than "normal" which is almost instantaneous and that was an hour from you
 
Only time one is delayed is on purchase of multable guns purchased on the same 4473, otherwise it is about 15 seconds for the approval.
Jim

What difference does it make? If a person is not prohibited (Federally) from purchasing one firearm, then they are not prohibited (Federally) from purchasing two or fifty firearms. The FBI who runs NICS is never informed of multiple firearms purchases by the dealer. The ATF is informed of multiple handgun sales, AFTER the transaction has been approved and completed.

FBI NICS delays have nothing to do with the number of firearms on the 4473.......buying fifty handguns? NICS is only told about ONE.

NICS is not provided any firearm information.

TITLE 28 CFR CHAPTER I
PART 25 – DEPARTMENT OF
JUSTICE INFORMATION SYSTEMS

§ 25.7 Querying records in the sys-
tem.
(a)
The following search descriptors
will be required in all queries of the
system for purposes of a background
check:
(1) Name;
(2) Sex;
(3) Race;
(4) Complete date of birth; and
(5) State of residence.
(b)
A unique numeric identifier may
also be provided to search for addi-
tional records based on exact matches
by the numeric identifier. Examples of
unique numeric identifiers for purposes
of this system are: Social Security
number (to comply with Privacy Act
requirements, a Social Security number
will not be required by the NICS to per-
form any background check) and mis-
cellaneous identifying numbers (e.g.,
military number or number assigned by
Federal, State, or local authorities to an
individual's record). Additional identifi-
ers that may be requested by the sys-
tem after an initial query include height,
weight, eye and hair color, and place of
birth. At the opt
ion of the querying
agency, these additional identifiers may
also be included in the initial query of
the system.

the date FBI NICS is giving delayed transactions today is March 5th. (I just had one delayed)

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/download/p/atf-p-5300-4.pdf

NICS is only allowed to give an APPROVED, DELAYED, or DENIED response, not a "Delayed until xxx date" response:

TITLE 28 CFR CHAPTER I
PART 25 – DEPARTMENT OF
JUSTICE INFORMATION SYSTEMS

c)(1)
The FBI NICS Operations Cen-
ter, upon receiving an FFL telephone or
electronic dial-up request for a back-
ground check, will:

(iv)
Provide the following NICS
responses based upon the con-
solidated NICS search results to
the FFL that requested the back-
ground check:
(A)
"Proceed"
response, if
no disqualifying information was
found in the NICS Index, NCIC,
or III.
(B) "Delayed"
response, if
the NICS search finds a record
that requires more research to
determine whether the prospec-
tive transferee is disqualified
from possessing a firearm by
Federal or State law. A "De-
layed" response to the FFL indi-
cates that the firearm transfer
should not proceed pending re-
ceipt of a follow-up "Proceed"
response from the NICS or the
expiration of three business
days (exclusive of the day on
which the query is made),
whichever occurs first. (Exam-
ple: An FFL requests a NICS
check on a prospective firearm
transferee at 9:00 a.m. on Fri-
day and shortly thereafter re-
ceives a "Delayed" response
from the NICS. If State offices in
the state in which the FFL is lo-
cated are closed on Saturday
and Sunday and open the fol-
lowing Monday, Tuesday, and
Wednesday, and the NICS has
not yet responded with a "Pro-
ceed" or "Denied" response, the
FFL may transfer the firearm at
12:01 a.m. Thursday.)
(C) "Denied"
response,
when at least one matching re-
cord is found in either the NICS
Index, NCIC, or III that provides
information demonstrating that
receipt of a firearm by the pro-
spective transferee would vio-
late 18 U.S.C. 922 or State law.
The "Denied" response will be
provided to the requesting FFL
by the NICS Operations Center
during its regular business
hours.
(2)
None of the responses pro-
vided to the FFL under paragraph
(c)(1) of this section will contain any
of the underlying information in the
records checked by the system.
 
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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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