"Delayed" on new gun purchase from FFL

[Len-2A Training]

The following is based on fuzzy memory, so may not be 100% correct. Looking it up on BATFE website for definitive answer might pay off if the details are very important to the reader (I don't have time right now to do that).

- 3 business days means the END of the 3rd business day following the day of attempted purchase (which I don't think counts as a day), so we have 4 real days here.

- Weekends don't count IIRC, so yes it can easily be 5 days. Try to buy on Wednesday and 3rd business day will be end of business on Monday.

- I think it was our AG that kind of pushed that if no response in 3 days, that dealers should "wait as long as it takes" or NOT proceed with the sale. This wouldn't be in the law, but he can definitely intimidate folks into doing what he wants them to do, law or not.

 

[daceman63]

years ago I bought a hg from Maine and had it transferred to B&D Reloaders in Hyde Park....When I went to pick it up the guy was telling me I checked out with no problem but he just told a BPO he didn't clear and had to wait. I thought that was kind of funny.

 

[LoginName]

The following is based on fuzzy memory, so may not be 100% correct. Looking it up on BATFE website for definitive answer might pay off if the details are very important to the reader (I don't have time right now to do that).

- 3 business days means the END of the 3rd business day following the day of attempted purchase (which I don't think counts as a day), so we have 4 real days here.

- Weekends don't count IIRC, so yes it can easily be 5 days. Try to buy on Wednesday and 3rd business day will be end of business on Monday.

- I think it was our AG that kind of pushed that if no response in 3 days, that dealers should "wait as long as it takes" or NOT proceed with the sale. This wouldn't be in the law, but he can definitely intimidate folks into doing what he wants them to do, law or not.

http://www.atf.treas.gov/firearms/faq/faq2.htm#p34

(P34) Will NICS provide an instant response? [Back]

NICS will not always provide an instant response. Licensees will receive either a “proceed”, “denied”, “delayed”, or “cancelled” response from NICS. If a “proceed” response is received, the transfer may proceed. If a “denied” response is received, the transfer may not proceed. If a “delayed” response is received, the transfer must be delayed until a “proceed” response is received from NICS or until the lapse of 3 business days, whichever occurs first. Of course, the licensee must still comply with any waiting period requirements under State law. See Question P29 for a discussion of cancelled transactions.

(P35) For purposes of the Brady law, what is meant by a “business day?” [Back]

A business day is defined as any day on which State offices are open.

(P36) If a licensee contacts NICS on Thursday, December 2, and gets a “delayed” response, when may the licensee transfer the firearm if no further response is received from NICS? [Back]

The firearm may be transferred on Wednesday, December 8. Assuming State offices are open on Friday, Monday, and Tuesday, and closed on Saturday and Sunday, 3 business days would have elapsed at the end of Tuesday, December 7. Therefore, the licensee may transfer the firearm at the start of business on Wednesday, December 8. The 3 business days do not include the day the NICS check is initiated.

..........................

Some FFLs voluntarily will not proceed with the sale regardless of the number of days in delayed limbo. IIRC, Walmarts policy is to deny the transfer no matter how many days have passed (kind'a moot point since very few Walmarts sell guns anymore).

 

[Len-2A Training]

Thanks, so I did remember it correctly.

 

[Fooped]

Delayed again! AAAAAARRRRRGGGGHHHH!!!!

Here we go again,

Having posted the "Delayed on new gun purchase in Mass" thread a few weeks ago, and taking into account all of the poster's feedback, I decided to not worry about and let things take their course, which they did. I recieved a "proceed" callback the following day (actually the gun store did) and I trundled on up to the store to pick up my goodie none the worse for wear. I had heard rumors(?) that "Once delayed, delayed for evermore" and was really hoping that this was not the case, at least not all the time. So today I go to pick up my Sig 226, and whaddya know?


DELAYED. ARRRRRRRRGGGHHHHHHHHHHHH!

It was like I saw it coming. For those that didn't see my orignal post, I have, am, and will continue to be a "good boy" and I have nothing (to my knowledge) on any record state, federal or otherwise that would delay or disqualify me.

I called the "customer service" section of the Federal NICS check offices, and they were pleasant but not forthcoming with any substantial information (for obvious reasons). The woman I spoke offered to send me a "voluntary appeal form" which as I understand it, allows me to apply for a UPin that should clear up this mess permanently, but I still get the heebie-geebies wondering why there's a "problem" in the first place? I'm not sure how long the whole UPin/appeals process takes, but I'm sure not happy sweating being delayed on a permanent basis (and not shooting my Sig right now Goddammit!)

Any thoughts, experience and/or guidance would be greatly appreciated...

 

[Fooped]

It happened again! Please revisit!

Please see above post...

 

[drgrant]

I would have asked where to write to to find out why, if its even
possible.

If it's not, then just get the VAF UPIN.

It's probably something rediculously stupid. There probably is a guy with
the same name as you who is a criminal type, and then they have to
escalate the inquiry to another examiner to dig deeper into the
records, because NICS apparently has like peon examiners that do
most of the queries, and other ones which have higher tiers of
access to data sources.

The whole nics system is dumb about that. They don't "fix" whatever
is falsing on a delayed, nor do they provide an easy way for a person
to determine why.


-Mike

 

[Lugnut]

I would have asked where to write to to find out why, if its even
possible.

If it's not, then just get the VAF UPIN.

It's probably something rediculously stupid. There probably is a guy with
the same name as you who is a criminal type, and then they have to
escalate the inquiry to another examiner to dig deeper into the
records, because NICS apparently has like peon examiners that do
most of the queries, and other ones which have higher tiers of
access to data sources.

The whole nics system is dumb about that. They don't "fix" whatever
is falsing on a delayed, nor do they provide an easy way for a person
to determine why.


-Mike

Yep- while waiting for me new purchases go thru I've asked the dealers what happens and why some are delayed. Often times someone with a similar/same name has a problem. Do you give them your SS# when purchasing? That should help out. If not get the pin.

Good luck with that Sig? Are they clean? (Assuming this was from FS).