NICS delay

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Pushrod

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Well I went to my FFL dealer yesterday to pick up my Remington 700, and when he called it into NICS it came back delayed. I've never had that happen before and am a bit worried that I wont be able to recieve the gun. I already paid for it and had it shipped to this FFL dealer.

Are bolt action long guns and shotguns required to be called into NICS over and above filling out the 4473?

I just purchased a handgun last year without any problem, so I don't understand why I would have a delay with a long gun.

What are my recourses on this? Is there someone at the ATF I can call and find out what the problem is?
Thanks for any advice!
 
After five business days, if NICS hasn't called back and issued a "Denied", or, "Cancelled" to the dealer that called in your 4473, you can go collect your shootin' iron.
 
When I bought my Model 70 30-06 I got delayed, took 3 days. No idea why, first (and so far only) time I've ever been delayed; my last name is unique enough that I personally know everyone in the country that has it.

These things happen.. :banghead:
 
BB93YJ said:
After five business days, if NICS hasn't called back and issued a "Denied", or, "Cancelled" to the dealer that called in your 4473, you can go collect your shootin' iron.
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Not if the dealer doesn't release. Some will only release a firearm on an approval. It is not mandatory that they release the firearm after 5 days.
 
Are bolt action long guns and shotguns required to be called into NICS over and above filling out the 4473?
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Yes, but not any more so than handguns are. Any firearm, long gun or handgun, that gets transfered from your dealer to you will either have a NICS check or an "exception" for a NICS check (for example, in Texas, a valid concealed carry license means that the NICS check does not need to be run.)

And it is 3 business days, not 5. (ETA magmeister beat me to it)
 
After five business days, if NICS hasn't called back and issued a "Denied", or, "Cancelled" to the dealer that called in your 4473, you can go collect your shootin' iron
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The dealer already told me he would not release it to me without an NICS approval.
I can think of no legal reason why they should deny me the rifle. I'd hate to be out the money that I spent on it because of some bureaocratic brouhaha.
 
Sometimes it depends when the call was made. A lot of folks get delayed on Sat and SUn when NICS has an influx of calls to deal with. Other times, do you have a common name? did you use your SSN? etc. My exp. has been that I'll get delayed for about an hour during busy parts of the week, and about 24hrs on a gunshow weekend.
 
Definetly not a common name. It was about 5pm EST on Tuesday (yesterday) that he made the call. I didn't have my SS# at first, but caved in and gave it to him while he was on the phone with the NICS person.

If he wont release it to me after three days, can I have my wife go through the process and pick it up?
 
The dealer already told me he would not release it to me without an NICS approval.
I can think of no legal reason why they should deny me the rifle.
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There is no legal reason. In some cases NICS simply gets its wires crossed and never calls back. It's not a well-run system. Do not do business with that dealer again! If there's no response from NICS, there's no appeal recourse for you because the law is set up to deem that an approval. If the dealer tries to keep both the rifle and your money, SUE HIM. There's no grounds for doing that simply because NICS lost the paperwork. We have to put up with nonsense from the feds, there's no reason we should have to pay for it from some idiot dealer.

That said, you'll likely get cleared within a day or two.
 
If the dealer tries to keep both the rifle and your money, SUE HIM. There's no grounds for doing that simply because NICS lost the paperwork
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Unfortunately, I purchased the rifle from an individual in another state and had it transferred to the FFL dealer here, so there is no getting my money back. This FFL dealer runs the business out of his garage, which is no big deal for me. I just don't want to be out both the rifle and the money for no reason!
 
Then he really has no right to keep it. If he won't let you have it he must send it back to the seller at his own expense, then you can either make arrangements for a reshipment or get your money back from the seller. Though in this case I could see the seller demanding you just get a sane FFL to take transfer, and he'd have a good point. In any case the guy handling the transfer cannot keep the rifle. That really would be illegal. I think you'd have a good claim under the UCC that his conduct is not commercially reasonable and he must either release the firearm or pay for all incidental expenses required to send it to a better FFL. The major FFL's I know will all release the firearm after the three days are up.

What I'm not sure about is how NICS addresses a second request on the same firearm from the same seller to the same buyer. I'd suggest talking to a dealer who DOES NOT operate out of their trailer and see if they'll help you sort that out.

But as noted this will probably sort itself out. Just never use that dealer again.
 
Just take a deep breath and relax. There's a 99.9% chance that they will call back with an approval. If you get denied, there is an appeal process.

David
 
Just take a deep breath and relax. There's a 99.9% chance that they will call back with an approval. If you get denied, there is an appeal process.
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I'm not so worried about getting denied, as there is no reason I can think of for that. I'm more worried that it will sit in limbo without a reply and the dealer wont turn over the gun to me.
 
I'm not so worried about getting denied, as there is no reason I can think of for that. I'm more worried that it will sit in limbo without a reply and the dealer wont turn over the gun to me.
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I wouldn't worry about that either. First, it won't do you any good to worry, and second, it is highly likely that the NICS folks will call the dealer back within 3 days and give a decision.

I've never had them not call me back on a delay.
 
What state are you in?

In Texas, there's an added benefit to getting a concealed handgun license, you don't have to go through the NICS check when purchasing a handgun.
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I'm in Maryland, no such luck there. Although I do have a Florida carry permit.
 
I wouldn't worry about that either. First, it won't do you any good to worry, and second, it is highly likely that the NICS folks will call the dealer back within 3 days and give a decision.

I've never had them not call me back on a delay.
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Thanks, that does make me feel better. I'll let y'all know what the outcome is!
 
My FIL was being difficult and didn't want to give his SSN becasue it was "optional." He was delayed and didn't want to wait so he didn't buy the gun.

The next day he found a different gun but gave his SSN this time. It was approved without any hassle.

Just a heads up for the tin-foil hat brigade that don't like giving out their information. ;) :D
 
I am a dealer/manufacturer. NICS gives you the date the firearm can be released to the customer if they do not respond. There is no reason for your moron dealer to not give you the gun at that time. Also the moron can call again and ask for the disposition of the check. Just what does he do for the money he charges you for the transfer? IMHO I would be finding a new dealer.

As for using the SS# I have seen no difference with or without it in hundreds of checks.
 
I am a dealer/manufacturer. NICS gives you the date the firearm can be released to the customer if they do not respond. There is no reason for your moron dealer to not give you the gun at that time.
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Liability? The company I work for does not allow me to transfer without approval. Doesn't matter the delay involved, and quite honestly, I don't want to transfer on a delay. Transfer goes through, the guy comes back a denied, chances are, I'm hosed. Someone has to take the blame, and sh** flows downhill.

On a related note, I've noticed the past few transfers I've processed have been sent to a higher-level examiner. They go through okay, it's just odd. The last time, the lady asked for the NTN, I heard typing for about three minutes, and then the proceed. Weird. Maybe it's because we're operating on an extention letter while the company's individual store license renewals are being hammered out. Heck, by the time they finish that, we'll have to renew again. Somebody's got job security.
 
Flero, NICS has been weird for me the last couple of weeks, too. Several delays for folks that haven't been delayed before, and alot more "up the chain" referrals than usual. I can only guess it's a staffing problem.

The thing to remember is that a NICS delay isn't always caused by "something in your past" or anything like that. It's just as often caused by computer problems, understaffing and other bureaucratic nonsense.

That said, one thing the retailer can do is try calling the NTN in again. Most often, it'll clear the second time--even if it's just a few minutes later. If the person was born in another country, this always seems to be the case, as Intepol info has to propagate through the system.

I'd ask the dealer to call it in again. If he insists on waiting, the law in NO WAY prohibits transferring the gun to you after the specified date. They even tell us (in pretty much those words) when they issue the denial. Hope this helps.
 
1. Never do business with an FFL that won't sell without a PROCEED.

2. Never exchange money until the approval's made.

3. Use credit/check card so if they pull this crap you have recourse with the card issuer.
 
Transfer goes through, the guy comes back a denied, chances are, I'm hosed. Someone has to take the blame,
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Has this ever happened? If they don't call back within the allotted time, and you transfer the gun, you followed the law. How are they going to put any blame on you?
 
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