NICS Delay, Delay, Delay...

So, if you are buying a long gun and the INSTANT CHECK delays you and you have a federal UPIN and that doesn't help and you still get delayed and despite writing letters to the NICS section and you never get answers...

...how long does the FFL have to wait until the rifle is released to you if there is no response to him from the NICS folks? I thought it was three days or five days...but I'm not sure...

And how long do the NICS folks take to respond, usually?

Asking for a friend!

If you write to Brian Frosh, he'll be more than happy to help you.


Sorry for this misery, I'm sure a member with knowledge will post shortly.

3 business days. The FFL should have been notified with the delay.
FFL s do not have to proceed, but they can.

Uh, this is a federal, not a state issue.

GTOGUNNER said:

3 business days. The FFL should have been notified with the delay.
FFL s do not have to proceed, but they can.

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Is this written down somewhere in understandable English? I don't mean you...your English is fine. I mean, the Feds...

moose&squirrel said:

Uh, this is a federal, not a state issue.

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If this was directed at my post, it was made in sarcastic jest.

Frosh couldn't give a tinker's dam about a delayed, or denied gun purchase.

eruby said:

If this was directed at my post, it was made in sarcastic jest.

Frosh couldn't give a tinker's dam about a delayed, or denied gun purchase.

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Oh he does give a damn, the more deleys the merrier to him.

Rab1515 said:

Oh he does give a damn, the more deleys the merrier to him.

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Thanks, but...state politics is not the issue here.

moose&squirrel said:

Is this written down somewhere in understandable English? I don't mean you...your English is fine. I mean, the Feds...

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https://www.fbi.gov/services/cjis/nics/a-nics-delay

A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the National Instant Criminal Background Check System (NICS) Contracted Call Center to the FBI Criminal Justice Information Services Division’s NICS Section for a transaction resulting in a delay:

“—NTN— is delayed while the NICS continues its research. If you do not receive a response from us, the Brady Law does not prohibit you from transferring the firearm on ___ day/date ___.”

In open transactions, the FFL may record on line 21c of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Form 4473 “delayed” and the date provided 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 Section.

If the FFL has not received a final determination from the NICS after three 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 check “no resolution was provided within three business days” on line 21d of the ATF Form 4473.

Revised October 2010

Applicable Federal Regulations

28 Code of Federal Regulation Part 25—The National Instant Criminal Background Check System (NICS)

Section 25.6(c)(1)(iv)(B)—Delayed response provided to FFL:

(B) “Delayed” response, if the NICS search finds a record that requires more research to determine whether the prospective transferee is disqualified from possessing a firearm by federal or state law. A “Delayed” response to the FFL indicates that the firearm transfer should not proceed pending receipt 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. (Example: An FFL requests a NICS check on a prospective firearm transferee at 9:00 a.m. on Friday and shortly thereafter receives a “Delayed” response from the NICS. If state offices in the state in which the FFL is located are closed on Saturday and Sunday and open the following Monday, Tuesday, and Wednesday, and the NICS has not yet responded with a “Proceed” or “Denied” response, the FFL may transfer the firearm at 12:01 a.m. Thursday.)

Section 25.2—Definition of “Open” transaction:

“Open” means those non-canceled transactions where the FFL has not been notified of the final determination. In cases of “open” responses, the NICS continues researching potentially prohibiting records regarding the transferee and, if definitive information is obtained, communicates to the FFL the final determination that the check resulted in a proceed or a deny. An “open” response does not prohibit an FFL from transferring a firearm after three business days have elapsed since the FFL provided to the system the identifying information about the prospective transferee.

Revised October 2010

You can follow up NICS yourself, they cannot give you specific information but they can tell you if you if they sent a response. I have done this after a store telling me they did not have a response when in reality they missed the call.

Good luck and just be nice on the phone

moose&squirrel said:

Uh, this is a federal, not a state issue.

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That doesn't seem to matter much to Frosh.

madchestermonkey said:

You can follow up NICS yourself, they cannot give you specific information but they can tell you if you if they sent a response. I have done this after a store telling me they did not have a response when in reality they missed the call.

Good luck and just be nice on the phone

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OK...which of the several phones they don't answer should I call?