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azbirdhunter88

How Long?

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How long do you have to wait after you get delayed trying to buy guns? First time it’s ever happened to me. I was trying to support the local gun shop and buy a couple O/U shotguns and he said it came back delayed. 

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6 minutes ago, azbirdhunter88 said:

How long do you have to wait after you get delayed trying to buy guns? First time it’s ever happened to me. I was trying to support the local gun shop and buy a couple O/U shotguns and he said it came back delayed. 

Federal law is three days but a dealer can set his own time because you can't force him to sell you something.  

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The kid that owns the gun shop is my buddy and said if it doesn’t come back in a few days he can legally sell it. I didn’t know that. Was just curious on the time frame you have seen for it to come back on average. 

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It happened to me for the first time this year.  It happened to everyone that day like the two ahead of me.  At first, it was embarrassing because I know I’m good to go.  Then I realized just about everyone was delayed.  I went back the next day at 2pm and picked up the gun.

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36 minutes ago, azbirdhunter88 said:

Ok so it’s more than likely quick?

Only quick if it eventually gets OK in a day or two. Otherwise if the delay continues, the 3-day rule applies. 

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6 minutes ago, azbirdhunter88 said:

Gotcha 

From ATF site:

A NICS DELAY...

A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the FBI National Instant Criminal Background Check System (NICS) call center to the FBI NICS Section in an open transaction resulting in a delay: "--NTN-- will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on ___day/date ___."

The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures): ........ If the FFL has not received from the NICS a final determination after 3 business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must note “no resolution was provided within 3 business days” on line 19d of the ATF Form 4473. (Please refer to pages 24 and 25 of the FBI NICS FFL User Manual.) *Best practice recommendation: In open transactions, the FFLs should record on the ATF Form 4473 the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.

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This is why you need CCW.

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1 hour ago, n2horns said:

This is why you need CCW.

That doesn't always work. It's the FFL's choice to take the CCW or run a background check. I have a CCW and my pickup was delayed one time for 3 days.

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Mine gets delayed every time and I don't have so much as a speeding ticket on my record.  It has always come back as a go the next day.  I always figured it was because I have a common name but don't know for sure. 

 

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5 minutes ago, missedagain said:

Mine gets delayed every time and I don't have so much as a speeding ticket on my record.  It has always come back as a go the next day.  I always figured it was because I have a common name but don't know for sure. 

 

That’s what I was thinking but idk. Hopefully comes back soon cause I wanna Hunt a few days with them. 

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