View Full Version : NICS has to give it up after 3 days?
lamppa
03-24-2013, 01:44 PM
this guy tells me he used to work at a gun shop and if NICS did not give an answer in 3 days as to approve or deny, the store had to give the weapon to the customer.
I read the stuff he gives me and im not so sure.
3rd page first column.
http://www.fbi.gov/about-us/cjis/nics/federal-register-october-30-1998-on-nics
lamppa
03-24-2013, 01:53 PM
this is the specific phrase he quoted
‘‘Delayed’’ response indicates that it would be
unlawful to transfer the firearm pending
receipt of a follow-up ‘‘Proceed’’ response
from the NICS or the expiration of three
business days, whichever occurs first.
mluikey
03-24-2013, 02:10 PM
I am a gun dealer and deal with that from time to time. If I do not get a response within 3 days then I can transfer the gun to the customer. If at a later time NICS comes back denied, I turn it over to the ATF and they go pay the guy a visit. I have yet had anyone come back denied after transfering it though.
Longitude Zero
03-24-2013, 03:43 PM
In the rare event it come back denied the dealer is on solid legal footing. However the purchaser is not and I am aware of the BATFE using all means necessary to retrieve the weapon. And rest assured they will retrieve it.
.... and I am aware of the BATFE using all means necessary to retrieve the weapon. And rest assured they will retrieve it.
Along with any other firearms in the buyer's possession.
Longitude Zero
03-24-2013, 03:53 PM
Along with any other firearms in the buyer's possession.
Very true.
AJBert
03-24-2013, 09:56 PM
Where I work we tell the customers a five day wait. Guess we have some built in lee way? Or maybe that will include the weekend if delayed late in the week?
mluikey
03-24-2013, 10:20 PM
Here in Oklahoma, there is no waiting time. Usually someone walks in, we take their money and do the NICS check and they are out the door in about 30 min.
wyntrout
03-24-2013, 11:00 PM
With our CWP we can be done as soon as the paperwork is filled out and the NICS approval is received... no more than 10 minutes some times. It took me about that long at the gun show Saturday because they didn't have a line at that dealer. I saved about $140 over buying it locally, too.
Wynn:)
OldLincoln
03-25-2013, 12:46 AM
That's pretty good. Here in Kali we have a 100 day wait and if no response by then, another 100 days. Just kidding, but the 10 day seems that way some times. I witnessed one that didn't get a response in the 10 days and they did not get the fun. LGS said that usually means they found something in the records and are checking it out. She said if it were denied she would get a denied response.
wyntrout
03-25-2013, 01:10 AM
I bought my first pistol out there while going to the language school at Monterey. I was only 18 and there was a 5 or 6-day wait then... in 1965. It was a West German Rohm .22LR revolver for $20 or less.
Wynn:)
yqtszhj
03-25-2013, 07:50 AM
Here in Oklahoma, there is no waiting time. Usually someone walks in, we take their money and do the NICS check and they are out the door in about 30 min.
Same here in AL. Generally 30 minutes or less depending on how slow the person behind the counter is.
Longitude Zero
03-25-2013, 08:41 AM
Here in Oklahoma, there is no waiting time. Usually someone walks in, we take their money and do the NICS check and they are out the door in about 30 min.
Most of the time. I have seen delays at a LGS in OKC. Not me but the guy next to me in line. He was told to come back in three days. Whenever I have purchased a weapon it takes longer to give NICS the info than it does for the decision to come back. For all intents and purposes it has been instantatneous for my purchases.
mr surveyor
03-25-2013, 09:00 AM
I'm glad all of my gun purchase NICS hassles were taken care of many years ago with my TX CHL. Still have to fill out the silly 4473, but that takes about 3 minutes. From the time I decide to buy, until the time I'm ready to walk out the door with my new prize, rarely would exceed 10 minutes.
muggsy
03-25-2013, 01:13 PM
I am a gun dealer and deal with that from time to time. If I do not get a response within 3 days then I can transfer the gun to the customer. If at a later time NICS comes back denied, I turn it over to the ATF and they go pay the guy a visit. I have yet had anyone come back denied after transfering it though.
That's how it works in Ohio.
downtownv
03-25-2013, 04:16 PM
I have 3 pending rifles and am being told as of Friday (just past) that it's running p to 2 weeks due to heavy system overload.
What should I say to my ffl?
I bought and sold thru him in the recent past.
Need experienced advise!
Thanks,
Bawanna
03-25-2013, 05:35 PM
I've never heard of NICS checks on rifles. That must be a Jersey thing.
downtownv
03-25-2013, 05:54 PM
1 mini 14 and 2 lowers for an A-R
downtownv
03-25-2013, 06:32 PM
Is the 3 day rule real?
I bought my first pistol out there while going to the language school at Monterey. I was only 18 and there was a 5 or 6-day wait then... in 1965. It was a West German Rohm .22LR revolver for $20 or less.
Wynn:)
???...there was no purchase wait in California in '65. Pre-GCA 1968 there weren't even yellow sheets and you could order directly by mail.
But then you did buy an RG12 so your brain function is suspect....;)
Is the 3 day rule real?
Yes wrt Federal.
mr surveyor
03-25-2013, 09:00 PM
???...there was no purchase wait in California in '65. Pre-GCA 1968 there weren't even yellow sheets and you could order directly by mail.
But then you did buy an RG12 so your brain function is suspect....;)
you guys better stop dissing my #1 handgun
http://i22.photobucket.com/albums/b345/cowpi/KINGEDWARDRG14.jpg
by the way, it's an RG14 in a custom fitted, lined storage case
mluikey
03-26-2013, 05:27 AM
I've never heard of NICS checks on rifles. That must be a Jersey thing.
We have to do NICS checks on all firearms, and thats a Federal thing.
mluikey
03-26-2013, 05:29 AM
I have 3 pending rifles and am being told as of Friday (just past) that it's running p to 2 weeks due to heavy system overload.
What should I say to my ffl?
I bought and sold thru him in the recent past.
Need experienced advise!
Thanks,
Is your FFL home based or a retail store? (Not that it really matters) If you need it, I can go into the ATF handbook and copy the statue if you need it. You can also go to www.atf.gov and take a look at the book.
downtownv
03-26-2013, 05:41 AM
Is your FFL home based or a retail store? (Not that it really matters) If you need it, I can go into the ATF handbook and copy the statue if you need it. You can also go to www.atf.gov and take a look at the book.
Is it a fact that they have to a.) give you your gun after 3 days or b.)you have to wait due to in-ordinary amount of purchases going on, currently.
Me thinks, me range is, jerkin' me gerkin'
lamppa
03-26-2013, 12:19 PM
scheels agreed with all the items i brought up.
everything in here is true.
they will not release the weapon, regardless of the release date, and they will not bend on that policy.
i will not purchase a gun from them ever again.
i will find another rout, FFL, store etc.
i hated them to begin with, they just had the model i wanted.
lamppa
03-26-2013, 12:33 PM
also, the fact that they 'have to' give it to you is 100% false.
it states right in the fact sheet at the NICS that it is not illegal to transfer after 3 days nor it it illegal NOT to transfer, it is at the discression of the individual FFL.
that part stated here is completley false.
dkmatthews
03-26-2013, 01:02 PM
lamppa read the statute correctly, I think. The LGS has the discretion to release the firearm to the purchaser after 3 days.
Where MOST stores decide to release the firearm, it is because they VALUE the customer and want to see the customer return. If the store has so much business that John Doe is going to walk in right behind the first guy and his NICS check will pass, then the gun store probably feels justified not releasing it to the first guy but selling it to John Doe, instead.
you guys better stop dissing my #1 handgun
http://i22.photobucket.com/albums/b345/cowpi/KINGEDWARDRG14.jpg
by the way, it's an RG14 in a custom fitted, lined storage case
Now that there is Cool!! I really wish now I hadn't got rid of mine so I could do that!
....and I give ya' the Model # thingy...long time ago...memory not dat gud any more.
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