No NICS number after 8 days

Discussion in 'NFA/Class 3 & FFL Discussion' started by Yunus, Nov 20, 2009.

  1. Yunus

    Yunus New Member

    5,250
    0
    0
    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.
     
  2. Jpyle

    Jpyle New Member

    4,828
    0
    0
    The link is below but it appears that unless Maryland prohibits it implicitely, the FFL can transfer the gun without a NICS approval after 3 business days. In your case three days, not counting Thurs, would have been Fri, Mon, Tues.

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

  3. Yunus

    Yunus New Member

    5,250
    0
    0
    I'm going back tomorrow and hopefully it will be in. But with Maryland you never know, they might have a specific restriction, I'll ask the gun dealer to site the specific law when I check tomorrow.

    Thanks
     
  4. Jess

    Jess New Member

    481
    0
    0
    That would suck, but yeah they should run pretty fast. we've never had to go back to pick up a gun (no waiting for CPL holders). When I bought L's .22 it took about 20 minutes for the entire transaction
     
  5. RCHanlin

    RCHanlin New Member

    289
    0
    0
    FYI:

    Purchase of a handgun or assault weapon from a regulated firearms dealer is subject to disapproval by the Secretary of the Maryland State Police during a seven-day waiting period. The buyer must complete an application form that is sent by the dealer or law enforcement agency to the Secretary of the State Police for investigation.

    The applicant is required to provide information regarding the buyer’s eligibility to purchase or possess a handgun, and a description (including a serial number) of the handgun being purchased. There is a $10 fee.

    The application may be disapproved only if the purchaser is ineligible or if the information supplied is false or incomplete. If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser.

    Looks as though you get your firearm... Gratz


    There is no waiting period in Georgia. We go through the GBI rather than NICS for purchase background checks $5 fee to non-license holders free to holders ..


    Cheers
     
    Last edited: Nov 28, 2009
  6. Yunus

    Yunus New Member

    5,250
    0
    0
    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.
     
  7. General_lee

    General_lee New Member

    1,264
    0
    0
    We use NICS instead of GBI where I work in Columbus,GA.
    There is usually no waiting period here, but sometimes the NICS examiner will say "This transaction requires further review", usually that only takes a few minutes, but sometimes they will put a delay on it. They give the FFL a deadline date (usually 72 hours) and if they havent called back before their time is up, the gun may then be transferred.
     
  8. 995

    995 New Member

    163
    0
    0
    I just brought a Ruger 22/45 last week and the guy told me now it's a 10 day wait in Maryland no which is BULL****
     
  9. IMAPEOPLEPERSON

    IMAPEOPLEPERSON New Member

    17
    0
    0
    Just another way the man is keeping us down.lol
     
  10. docpadds

    docpadds New Member

    38
    0
    0
    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.
     
  11. cmhill

    cmhill New Member

    113
    0
    0
    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.
     
  12. General_lee

    General_lee New Member

    1,264
    0
    0
    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.
     
  13. Dzscubie

    Dzscubie New Member

    2,508
    0
    0


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

    What the hell is that about??

    Come on and give us some new gun porn. :D


    .
     
  14. billdeserthills

    billdeserthills New Member

    774
    0
    0
    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.
     
  15. james_black

    james_black New Member

    346
    0
    0
    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.
     
  16. detroitarms

    detroitarms New Member

    11
    0
    0
    Fbi nics

    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.