FBI NICS temporarily disabling the transfer process

Discussion in 'NFA/Class 3 & FFL Discussion' started by Nmwabbit, Mar 28, 2020.

  1. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    "As a result of the increased workload and modified staffing schedules due to the COVID-19 protocols, beginning at 12:01 am ET, Saturday March 28, 2020 until 8 am ET, Monday March 30, 2020 the NICS Section will be temporarily disabling the Transfer Process. This means, when calling in a NICS check, you will be given a status immediately, to include delays with a Brady Transfer Date, and not transferred to an FBI Examiner for further review."

    purchasing a firearm and get a delay/deny...you are out of luck for quite awhile!!!

    [edited due to typo in date input]
     
    Last edited: Mar 28, 2020
  2. Rifling82

    Rifling82 Well-Known Member Supporter

    4,542
    8,055
    113
    Won’t delay me :)
     
    jackrich3, Ghost1958 and OLD Ron like this.

  3. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    you know that is what MI firearm buyers thought too until this year...

    just saying the land where Toto is from could fall prey to unscrupulous SP offices not following their agreed to policy
     
  4. schnuffleupagus

    schnuffleupagus Well-Known Member

    1,772
    1,954
    113
    I just picked up a new pistola this morning from my LGS.

    The background check was done before I was finished BS-ing about my next purchase.
     
  5. Rifling82

    Rifling82 Well-Known Member Supporter

    4,542
    8,055
    113
    There’s no calling in when I buy a gun, my background check has already been done
     
    Oldoutlaw and locutus like this.
  6. Ghost1958

    Ghost1958 Well-Known Member

    3,627
    3,785
    113
    Private sales.
    I can buy with no call in as well but I wouldn't buy a gun with paper on it right now on a bet.
    Not with the fed gov having an excuse and probably the urge to go full Stalin.
     
  7. schnuffleupagus

    schnuffleupagus Well-Known Member

    1,772
    1,954
    113
    I have had a terrible accident. After My most recent purchase My son and I were driving and saw a guy selling a small boat. I paid cash for the boat and my son and I took it to the lake where we decided to try the boat out in a patch of open water.
    Well after loading ALL of my firearms in it we got in and paddled a little then WHOOP!
    The boat capsized and sank!
    My son and I made it to shore but, sadly, the boat and guns were all lost.

    A damned shame!
     
  8. PaBushMan

    PaBushMan Well-Known Member

    1,942
    2,496
    113
    I called my LGS. He said it's up and running. But slow.
     
    Ghost1958 and Rifling82 like this.
  9. Txhillbilly

    Txhillbilly Well-Known Member

    5,106
    1,578
    113
    Do you understand that the "Brady Transfer Date" refers only to the change in buying a firearm in the state of Michigan,under their state laws regarding firearms purchases?
     
    locutus, JRDallas and Rifling82 like this.
  10. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    my original posting stated
    "...the NICS Section will be temporarily disabling the Transfer Process. This means, when calling in a NICS check, you will be given a status immediately, to include delays with a Brady TransferDate, and not transferred to an FBI Examiner for further review."

    this notification specifically meant entire FBI NICS' section servicing the entire nation disabled their normal transfer to an examiner in the event of a buyer's delay/denial for the weekend.

    coupled with the previous notification regarding FBI NICS not verifying buyers delays/denied in the mandated timeframes due to local state level validation points being shut down/minimal manning, means huge delays in buyers getting their NICS issues resolved in a timely manner!
     
  11. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    " The National Instant Criminal Background Check System (NICS) remains fully operational. However, due to the COVID-19 protocols, increased transaction volume, and modified staffing schedules, we recognize some federal firearms licensees (FFLs) may be experiencing extended hold times.

    In order to provide better service, the NICS Section has decided beginning at 12:01 am ET, Tuesday March 31, 2020, to implement a workflow change. This change means that when the FFL calls (telephone) in a NICS check and receives a delay status, they will also receive the Brady Transfer Date from the NICS Contracted Call Center (NCCC).

    The FFL will not be transferred to a NICS Examiner for further review of the NTN and a possible final status while still on the telephone. The transactions will continue to be worked by a NICS Examiner, however, not while holding the FFL on the telephone."
     
  12. Rifling82

    Rifling82 Well-Known Member Supporter

    4,542
    8,055
    113
    The Brady Act does not federally prohibit an FFL from transferring a firearm after the third business day expires, even if the NICS Section has been unable to provide a proceed response, pursuant to 18 U.S.C. § 922(t)(1).
     
    locutus, JimRau and towboater like this.
  13. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    per your cited USC, quote:
    § 922.
    Unlawful acts
    (t) (1)
    Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
    unquote.
    https://www.govregs.com/uscode/18/922

    i guess i don't see a connection whatsoever to the current change in NICS' processes in handling citizens delays or denials during those citizens who do not fall under the ATF's brady exception states...
     
  14. Txhillbilly

    Txhillbilly Well-Known Member

    5,106
    1,578
    113
    I really don't think Nmwabbit has a freakin clue as to what he keeps trying to tell us. Some guy's think they know about crap that they don't!

    If your firearm purchase gets "Delayed" by NICS,it's a 72 hour hold,PERIOD! No matter if the BATFE gives a call back to the selling FFL or not. After 72 hours,you're good to pickup the firearm,unless the BATFE tells the FFL that you are "Denied".

    If it is "Denied",the buyer doesn't get to purchase a firearm.
     
    JRDallas, locutus, JimRau and 2 others like this.
  15. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    sorry txhillbilly, et al., per USC 922 (t) (1) (B) (ii) states: quote
    3 business days (meaning a day on which State offices are open) have elapsed...unquote

    [you did notice the USC's verbiage states "days" not 'hours' with explicit caveat delineating definition of business days...right]

    now txhillbilly, et al., due to the government/governor/communities closing their state offices due to illness/abundance of concern/etc for employees these offices are not available to FBI NICS examiners, therefore the FFL knows the 'automatic' three business day provision will be extended cuz their state offices are closed/minimally manned/etc and should not automatically give the delayed customer their firearm based on previous policy.

    no, i shan't, cuz tis a kinder gentler time...
     
  16. Nmwabbit

    Nmwabbit Well-Known Member

    690
    396
    63
    oh by the way a bit more insight for, er, from the clueless one
    ...quote
    The NICS examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed.

    If the FFL has not received from the NICS a final determination 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 mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473.
    https://www.fbi.gov/services/cjis/nics/about-nics
     
  17. Rifling82

    Rifling82 Well-Known Member Supporter

    4,542
    8,055
    113
    Exactly
     
    JRDallas and Txhillbilly like this.
  18. Rifling82

    Rifling82 Well-Known Member Supporter

    4,542
    8,055
    113
    Wabbit.... if the FFL holder has not heard back in three business days, it is up to the FFL holder to make the determination if he wants to sell the gun or not
     
    JRDallas and locutus like this.
  19. Txhillbilly

    Txhillbilly Well-Known Member

    5,106
    1,578
    113
    Nmwabbit,Are you a licensed FFL holder?
     
    JRDallas and Rifling82 like this.
  20. JimRau

    JimRau Well-Known Member Supporter

    7,182
    3,254
    113
    WRONG. I have called NICS on both Sat and Sun and they are open, so that does not apply when you say 'business days'! How many times have you called NICS?????:rolleyes:
     
    Rifling82 likes this.