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I have purchased four handguns over the past two years and today when purchasing the fifth the FFL was told that I had to be delayed seven days. This has never happened to me before. Does this mean that at the seven day mark he can transfer the gun to me which I have already paid for or does it mean that he is awaiting approval that I can have the gun in which case if I am lucky may come earlier of if unlucky, later?

cardstroker wrote:I have purchased four handguns over the past two years and today when purchasing the fifth the FFL was told that I had to be delayed seven days. This has never happened to me before. Does this mean that at the seven day mark he can transfer the gun to me which I have already paid for or does it mean that he is awaiting approval that I can have the gun in which case if I am lucky may come earlier of if unlucky, later?

Yes to both. That happened to my BIL a few weeks ago when he bought his first rifle and first gun in probably 20 years or more. He thinks the FFL doing the transfer filled entered everything correctly when they called it in, but was still delayed. He either got the approval on the last day or the FFL turned it over to him because he hadn't been denied. I'm not sure which.

Doesn't the Brady Act / NICS allow three business days, not for seven? Then, the FFL can transfer if doesn't hear back within the 3?

cardstroker wrote:I have purchased four handguns over the past two years and today when purchasing the fifth the FFL was told that I had to be delayed seven days. This has never happened to me before. Does this mean that at the seven day mark he can transfer the gun to me which I have already paid for or does it mean that he is awaiting approval that I can have the gun in which case if I am lucky may come earlier of if unlucky, later?

A delay is for 3 business days. Your delay would last Fri, Mon, Tue, and you could buy the handgun on Wed.

Here
http://www.fbi.gov/about-us/cjis/nics/f ... nics-delay

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.
....

More than likely, somebody was too busy to finish their research

Thank you all for the quick response. Let me make a small correction to my initial response. What the FFL was told was that it was delayed until 3/7. So from today, 2/28, that is five working days. Counting the weekend it would be seven days. I guess in my frustration I heard 3/7 and looking at a calendar I saw seven days.

RX8er wrote:Doesn't the Brady Act / NICS allow three business days, not for seven? Then, the FFL can transfer if doesn't hear back within the 3?

^^^^^^THIS!! ^^^^^

The seven day thing is baloney and I would find some other dealer since this one has decided to institute his own personal level of gun control. Even over a weekend it would only be five actual days.

The three business day delay can be caused by everything from a typo to a similar name. It has happened to me because I left Jr. Off my name by accident.

03Lightningrocks wrote:

RX8er wrote:Doesn't the Brady Act / NICS allow three business days, not for seven? Then, the FFL can transfer if doesn't hear back within the 3?

^^^^^^THIS!! ^^^^^

The seven day thing is baloney and I would find some other dealer since this one has decided to institute his own personal level of gun control. Even over a weekend it would only be five actual days.

I think it is more likely the dealer simply didn't communicate well.

If the OP was denied on Thursday, 2/28, the 3 business days are Fri, Mon, Tue. He is eligible to pick it up after the expiration of three business days, which is Wednesday, 3/6.

If you count your days as Thu, Fri, Sat, Sun, Mon, Tue, Wed, then that is seven days.

Nothing nefarious here. (except Govt stupid laws!!! )

Something must be gong on over at NICS because I had the dealer call back to verify and they were very clear to him that it was 3/7 before my gun could be released to me and of course he did not argue the point not put them on the spot and point out that they have a chart on their web page that says otherwise. I am not worried about getting my gun because like I said I have purchased four handguns over the past two years and have not been in any trouble and i know 3/7 is just one day later than 3/6 when the gun should be released but I just do not like the idea that somebody over at NICS is getting away with doing whetever they want.

http://www.fbi.gov/about-us/cjis/nics/f ... nics-delay" onclick="window.open(this.href);return false;

Do you know if they called the original check in via phone or if they did it via the FBI website?

He phoned it in, I was standing right there.