[cmhill]

Originally Posted by docpadds

Odd they say they are waiting on the number if its NICS because you get the number whether its a Proceed, Deny or Delay.

Strange way to term it.

The number to which they are refering to could possibly be the NICS examiner's brady ID # to authorized the approval. but i dont know. We are in georgia. here if a sale is delayed after the alloted time we are not prohibited from transfering the firearm.

[General_lee]

Originally Posted by Yunus

Question for you FFL's out there.

I purchased a handgun last thursday, Maryland has a 7 day waiting period which really means on day 8 you can pick up the gun. I go in to the store today and was told they are still waiting on the NICS number. It's been 8 days, I thought this was supposed to be an instant system and if after 3 days no response then you can proceed with the sale? The shop owner said he can't legally transfer a firearm without the NICS number. Is that true? and is this common? I realize Maryland might have some weird laws and I'm not looking for a legal answer, just trying to make sure I'm not being given the run around here.

You are partially correct, What you are waiting on is not a NICS number, but a "Proceed" or "Denied" as your FFL has already been provided with the NICS number, "Delayed" and name and Brady ID number of the examiner.
If no response after 3 days, you can legally pick up the gun if it complies with your state laws.

I strongly urge you to go to ATF Online - Bureau of Alcohol, Tobacco, Firearms and Explosives and look at form 4473.
It's the form that you fill out when you purchase a gun but, you will be able to read the whole form and it's instructions from the ATF website.

[Dzscubie]

Originally Posted by Yunus

Yeah I got the gun and all is good. I think it's just a case of the gun shop owner going above and beyond the law, which might be common practice in Maryland. I can't fault him for wanting to stay on the good side of the State Police, even if he isn't doing anything illegal it might just be frowned upon to transfer before the paperwork is back.

All right Yunus, you tell us you have a new gun and no pictures yet???

What the hell is that about??

Come on and give us some new gun porn.


.

[billdeserthills]

I'm an FFL in Arizona,
The NICS transaction # is provided at the time the call to NICS is made. Like someone else already said, it sounds like the dealer is just making up his own rules in order to save his own butt. And one might ask "Why Not" well, I will tell ya why not. There are presently more rules concocted by the ATF/FBI every day. As far as I am concerned if you are a gun dealer and you feel the need to make up your own rules it is because you are too big a puss to actually read the damn book(s). I call the jack booted thugs (atf) any time I am unsure of how to proceed, there is no need to further inconvienence a customer by making up new rules.

[james_black]

You are partially correct, What you are waiting on is not a NICS number, but a "Proceed" or "Denied" as your FFL has already been provided with the NICS number, "Delayed" and name and Brady ID number of the examiner.
If no response after 3 days, you can legally pick up the gun if it complies with your state laws.

It works the same way here in Wa State. If I was you I will tell them of what you know and if they dont give you the gun tell them to cancel and you will do buisness somewhere else.

[detroitarms]

Here's a link to the NICS FAQ, thought you might find it helpful.

Federal Bureau of Investigation - National Instant Criminal Background Check System - Guide for Obtaining your FBI Identification Record

When we were originally interviewed for our initial FFL, the ATF person assigned to us, strongly advised us to not release firearms until the response comes back vs. the stated requirement of the 3 business days wait on a delay response.

It has happened that 3 days is not long enough for them to come back with a deny and then there is the rather ugly process of reporting this has occurred.

It's a tough position as an FFL to be in, just comply with letter of law or go the extra level of assurance.

Even in the video training for FFL's which can be found on the ATF website, they use a cartoon of an owner letting someone know that it's store policy to wait for the actual response vs the standard 3 day wait for a response and transfer at that time.

Thankfully this situation doesn't happen all that often in our experience. It is frustrating for all involved to be sure.