# More than a 3 day wait for the NICS check?



## Huntinbull (Apr 10, 2004)

guy at gander Mountain just told me they wait UP TO 8 DAYS! for NICS to get back to them. Is that legal? thought federal law stated 3 days before i could pick it up regardless of whether my check was done or not? Anyone know anything about this?


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## Sharp Charge (Jun 24, 2009)

According to the FBI NICS site, you're correct but it's up to the seller to proceed with the transfer. http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet

"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&#8217;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 &#8220;No resolution was provided within three business days&#8221; on line 21d of the ATF Form 4473."

I would go there on the third day and attempt to get the weapon and bring this info too. If they decline to release it then ask for a full refund and go somewhere else (assuming the buyer isn't under a weapons disability and is trying to beat the system).


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## tadluvadd (Feb 19, 2012)

3 days is correct,but it is up to the seller of the firearm as to how long to hold it. nothing is aginst the law for them to do so.it is their gun until you buy it.almost every reputable ffl dealer is going to hold the gun until they get a response from NICS.so i dont believe it would do you any good to try some place else.furthermore,a background check is done BEFORE you buy the firearm so a refund isent in order.be careful how you express yourself with the dealer,because they have the right to simply refuse you the sale all together on a firearm.Its not uncommon for it to take longer then the 3 days once your delayed.


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## Smallmouth Crazy (Apr 4, 2006)

I just sold a 9MM lower to a guy in Maryland, I shipped the lower back in mid January, his FFL received it like 3 days later and he just last week took possession of it. I kept asking the guy to give me some feedback on the forum I sold the lower from and he kept telling me since the Maryland State Police are now involved in background checks there that it took him that long to get his lower, he told me they are like forever and a day behind(and might not be that motivated) I was totally blown away that it took him that long to get a background check done, but that's just how tough some individual state laws are getting.


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## Huntinbull (Apr 10, 2004)

Delay only lasted a day. Got the gun today after initiating the check yesterday. Didn't realize the seller FFL could hold the firearm beyond the 3 days. Thanks for all the great info.


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## cjbrown (May 22, 2007)

I just made a purchase at Vandalia Armory and was in and out in 15 minutes.


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## Sharp Charge (Jun 24, 2009)

tadluvadd said:


> 3 days is correct,but it is up to the seller of the firearm as to how long to hold it. nothing is aginst the law for them to do so.it is their gun until you buy it.almost every reputable ffl dealer is going to hold the gun until they get a response from NICS.so i dont believe it would do you any good to try some place else.furthermore,a background check is done BEFORE you buy the firearm so a refund isent in order.be careful how you express yourself with the dealer,because they have the right to simply refuse you the sale all together on a firearm.Its not uncommon for it to take longer then the 3 days once your delayed.


In some cases you do pay for the weapon prior to the background check being completed, you just can't take possession. I wasn't sure in his case if money already exchanged that's why I mentioned getting a refund.


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## tadluvadd (Feb 19, 2012)

Sharp Charge said:


> In some cases you do pay for the weapon prior to the background check being completed, you just can't take possession. I wasn't sure in his case if money already exchanged that's why I mentioned getting a refund.


been selling ffl guns for over 12 years and never heard of that. that would be a mess.if it were denied you would have to refund the money.cant imagine anyone forking over a wad of cash and leaving without the gun.


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## Sharp Charge (Jun 24, 2009)

tadluvadd said:


> been selling ffl guns for over 12 years and never heard of that. that would be a mess.if it were denied you would have to refund the money.cant imagine anyone forking over a wad of cash and leaving without the gun.


Yup, here's a few scenario's that I've personally been involved in. NFA items are paid up front then wait 6 months for the ATF to get back then do the 4473 and take it home. Picked up a Sig C3 for my dad, put it on lay away while I verified that he wanted it (too good of a deal to let walk) it was paid in full before I completed a 4473. 

Also, while not applicable in this case in Ohio, the states I've lived that have gun waiting periods, you pay up front and they hold it and you do your 4473 then you pick it up at what ever number of days is required by law. Thank God I don't have to deal with that any more. lol

A friend at work was buying a 12GA at either Gander or Fin, Feather and Fur I can't remember which. He was initially denied and they wanted a deposit to hold the gun for the transfer. So he put down $200 if I recall. That was just this winter too. He was eventually approved and went and picked it up. 

So while not very common here, it can happen, that's all.


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