FFL's a bit of information for you on the "delay" status on your background checks.

Locust Fork

If you are an FFL, they sent word out that you will need to do your checks on line instead of the call in method, since the system is overloaded.   I had one today that got a delay and noted the transfer date was April 9th....which is WAY beyond the three day restriction the ATF has to do the Brady checks.   Its actually three weeks and two days. 

(Let me put my tin foil hat on for the rest of this.)
This says to me....that they are trying to stop transfers and sales of firearms from happening during the government shut down.    I have read that a dealer is not required to hold the item beyond three business days unless the ATF has responded to the delay and that this cannot be changed without going through Congress.

This is just what I've found out by looking into things after getting a delay on a background check and I have no idea if I am mistaken on any of this.    So, you guys that are FFLs....look into this BEFORE you do any checks so you can answer any questions if this happens to you and you aren't chasing after answers while your customers are standing there waiting.       

mark christian

This is covered in 27 CFR § 478.102 - Sales or deliveries of firearms on and after November 30, 1998.

(a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:

(1) Before the completion of the transfer, the licensee has contacted NICS;

(2) (i) NICS informs the licensee that it has no information that receipt of the firearm by the transferee would be in violation of Federal or State law and provides the licensee with a unique identification number; or

(ii) Three business days (meaning days on which State offices are open) have elapsed from the date the licensee contacted NICS and NICS has not notified the licensee that receipt of the firearm by the transferee would be in violation of law; and

(3) The licensee verifies the identity of the transferee by examining the identification document presented in accordance with the provisions of § 478.124(c).

Example for paragraph (a).

A licensee contacts NICS on Thursday, and gets a “delayed” response. The licensee does not get a further response from NICS. If State offices are not open on Saturday and Sunday, 3 business days would have elapsed on the following Tuesday. The licensee may transfer the firearm on the next day, Wednesday.

 ______________________________________________________________________________________________________________________________

I apologize, but sometime a cut and paste is the only way to get the information across.

Locust Fork

Agreed....but if you DO get a "delay" they will give you some far out, crazy nonsense, date as your transfer date.    It happened to us today, maybe some are getting different answers in their area.    Its my understanding that this is not something they can do.

Locust Fork

mark christian said:

This is covered in 27 CFR § 478.102 - Sales or deliveries of firearms on and after November 30, 1998.

(a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:

(1) Before the completion of the transfer, the licensee has contacted NICS;

(2) (i) NICS informs the licensee that it has no information that receipt of the firearm by the transferee would be in violation of Federal or State law and provides the licensee with a unique identification number; or

(ii) Three business days (meaning days on which State offices are open) have elapsed from the date the licensee contacted NICS and NICS has not notified the licensee that receipt of the firearm by the transferee would be in violation of law; and

(3) The licensee verifies the identity of the transferee by examining the identification document presented in accordance with the provisions of § 478.124(c).

Example for paragraph (a).

A licensee contacts NICS on Thursday, and gets a “delayed” response. The licensee does not get a further response from NICS. If State offices are not open on Saturday and Sunday, 3 business days would have elapsed on the following Tuesday. The licensee may transfer the firearm on the next day, Wednesday.

 ______________________________________________________________________________________________________________________________

I apologize, but sometime a cut and paste is the only way to get the information across.

So, this IS a delay until the state offices are open.....and the three days IS void because of that.     One of the guys here said he read posts on another forum where a gun store owner posted the rule couldn't be extended past the third business day.     I just finished doing pictures and I'm just now sitting down at my computer and getting caught up on all the news.   

shootuadeal

Here is your answer, I received this email this AM:

Good Morning,

 

As the FBI’s National Instant Criminal Background Check System (NICS) Section works through the impact of the COVID-19 operationally, we are working to maintain our services.  We are aware that states may be considering options to protect the health and safety of their employees, which may include a reduction in office availability or even closure to some offices.

 

Should a state choose to limit their days of operation or close state offices, this could potentially impact the Brady Transfer Date (BTD) by changing the time in which an FFL can legally transfer a firearm in a delayed status.  The NICS Section urges FFLs to be cognizant of the impact this may have to your day-to-day operations, and also to stress the importance of adhering to the BTD that is provided to you at the time a transaction is put into a Delay status.  The Brady Act does not federally prohibit an FFL from transferring a firearm after the third business day expires, even if the NICS Section has been unable to provide a proceed response, pursuant to 18 U.S.C. § 922(t)(1).  

 

We appreciate your patience and partnership during this critical time and potential impact to NICS operations.

 

NICS Business Relations Team

Locust Fork

Cool......thank you guys!!!!     I'm telling you, every time I turn around there is a new thing happening.     

Still, the run on TOILET PAPER has to be the oddest thing going on as of yet.   

mark christian

I've been licensed and done business in two states: California and Florida, but both of those states use their own background check system and not the NICS. Florida requires three business days, which does not include today. If the denial came through today (Tuesday), the buyer would have to wait out Wednesday, Thursday and Friday. Saturday is not a normal state office business day, nor is Sunday, so that means the actual transfer cannot take place until the following Monday. If Monday was a holiday and state offices are closed, tack on another full day. The state's three day waiting period for those who don't have a state issued CCW, works the same way. 

Locust Fork

It always drove me crazy trying to figure out what the three days would land on.   Someone would ask "if I get a delay, when is the date I can have it?"    Next thing you know you are trying to sort out if some random holiday is going to affect things.     
Since I'm not retail I don't worry about these things too much.......seeing a transfer date beyond two weeks is a first for me though! 

TRAP55

This is pretty much the norm in Calif for awhile now. You get a "Delayed" and/or "Undetermined". At the end of 30 days with no word from the DOJ, the FFL has the discretion to release the gun to you, or not. Many won't, and the few that do are swamped. With the ones that won't, you have to start the DROS process all over again, and some of these aholes add a "storage fee" as well. Thanks to Kasey and Shelby for their patience! It took me two months to track down a FFL that would release at 30 days, and didn't charge more than the pair of .22's were worth to transfer. It was almost 3 months from purchase, to possession!

BTW Kasey, got em both working, and they're tack drivers. Soon as I have the stocks finished, I'll post some before/after pics. Thanks again!

Locust Fork

I'm so glad they finally got in your hands and you got them fixed up.    Its so sad to see how over the top and out of control things are getting from what it once was like.  

mark christian

If I remember correctly, California also had what was called a HOLD. This essentially meant, "Don't call us, we'll call you." I remember one instance where it took 45 days for the buyer to clear up his hold. The dealer is never provided with the reason, it is privileged information, so the buyer has to do all of the leg work. In any case the buyer did what needed to be done (I have no idea what) and I received the proceed from the CA DOJ.  To add insult to injury, by that time 30 days had passed, which meant that under federal law I could no longer deliver the firearm to him. The buyer had to fill out another 4473, pay the $24 charge for running himself through the CA DOJ background check a second time, and do another mandatory 10 day wait. He sailed through the second background check and picked up his shotgun, which I believe was a Mossberg 500 pump.  Hardly worth the time and effort, but he was happy. 

Selling on Gun Broker is so  much easier.

mogley98

SC if you have a concealed weapons permit not NICs no delay One good thing

TRAP55

Mark, some FFL's had a direct line number to clear up a problem. I don't think that exists anymore. Phone call or email gets you the same canned response. Your only option is to get a "Live Scan" finger print done, and you still have to wait after that. I have a CDL with a HazMat endorsement. My livescan is on file with with every alphabet agency you can think of. I can haul explosives into a military base, but I'm "Undetermined" to take possession of a pair of broken .22's? Just more bullsnit like the commie ammo buying laws. Cowards won't outright ban firearms and ammo, because they know the real intent of the 2nd, just like we do.