Nics questions

Texsun

New member
How long am I expected to wait for an answer? The Dealer says three or four days? ***?.....I'm in Texas there is no waiting period.
 
I've never waited more than a few minutes. Law is if you are delayed and don't have an answer in 3 business days, it's up to your FFL's discretion to transfer to you or not. Better yet.. just get your CHL and don't worry about it.
 
Yep, 3 days then it's up to the FFL to transfer it to you or not. I used to get delayed all the time, that's the main reason for me getting my CHL. ;)
 
Well, ideally it shouldn't take longer than 30 seconds. After all, the "I" in NICS stands for "instant." (The "N," by the way, is for "National," so Texas laws are not relevant to this aspect of the NICS process.) It sounds like they found potentially prohibitive information when they ran the check. The FFL would then have been directed to delay the transaction. They can delay it up to three days to give the Feds time to find out if the red flag is something or nothing. If they find out it's nothing - or simply can't find evidence that it's something - after that three days, they are required to allow the transfer to go through, at the dealer's discretion. That's three business days, though, so that may be why they said "three to four days."
 
NICS will tell the retailer the exact date he can transfer the firearm, if the retailer doesn't hear back from NICS. As said, three business days. The retailer should tell you the date. NICS may call the retailer just after you step out the door of the shop, or they may not call within the next three business days. In which case, the firearm can be sold to you. To answer your question, no one knows how long it will take. If you throw in a two day wait over the weekend, it could be five days. Or it could be that NICS calls back the same day.
 
After the first time it gets quicker. First time could be many things and something simple like you moved often in the last few years so they want to check farther on your past.
 
I just got back into guns after being away for 20 years,obviosuly things have changed since i had bought my last handgun.

I filled out the paperwork and had it called in and was put on the 3 day hold.
On the 4th day i went back into the dealer to get my gun or refund and they said they didnt hear back from NCIS and sold me the gun.
Ive bought 4 more guns since then and all of them after the first one i passed instantly.But i still get nervous everytime they run a new check as i am a very impatient person and will be very displeased to be made to wait 3 day.
I have my CHL also and it means nothing in Ohio regarding the NCIS check,i asked just in case.
 
Gotta good friend that gets denied every time he buys a gun and he`s got his CHL.:confused:. He appeals and eventually gets his gun. He`s written letters to NICS, congressmen and anyone else he can think of. Although he always gets his firearm its very aggravating for him. Other than minor traffic offense`s never been in any trouble. The response to the 2nd letter he sent to NICS was the possibility of identity theft resulting in his name being used,but NICS won`t elaborate. They did request his S.S.# in which he gave them but to date nothing`s changed. To his knowledge, his identity has never been stolen and he`s not stolen any:confused:. Since he`s black, I tell him "its a black thing".:D:D.
 
shortwave: Gotta good friend that gets denied every time he buys a gun and he`s got his CHL.. He appeals and eventually gets his gun. He`s written letters to NICS, congressmen and anyone else he can think of. Although he always gets his firearm its very aggravating for him. Other than minor traffic offense`s never been in any trouble. The response to the 2nd letter he sent to NICS was the possibility of identity theft resulting in his name being used,but NICS won`t elaborate. They did request his S.S.# in which he gave them but to date nothing`s changed. To his knowledge, his identity has never been stolen and he`s not stolen any. Since he`s black, I tell him "its a black thing"..

Not attacking you shortwave, but none of this makes sense (what your friend has told you).

Are you sure that he is being DENIED or is he getting DELAYED ?
There is a huge difference. In the case of a DELAYED response, neither the FFL or buyer will be told the reason. If, after three business days following the day of purchase, no response is heard from NICS, the FFL may transfer the firearm to the buyer.

If a buyer is continually getting the DELAYED response, they can apply to enter the Voluntary Appeal File which alows the FBI to retain their information, be issued a "UPIN" (Unique Personal Identification Number) Submitting fingerprints may also be required.

Appealing a NICS denial and getting a reversal is not something that happens within a couple of weeks- it will probably take three months or more to resolve. The denied buyer would have to submit fingerprints and follow the procedure outlined here: http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm

I don't know why he would be writing all those letters. After a DENIED response, the FFL is required to give the buyer a NICS APPEAL brochure along with the NTN (NICS Transaction Number). The buyer can then email, fax or snail mail a request to NICs to identify what is causing the DENIED response. NICS has to reply within five days- they will not tell the FFL and they will not tell the buyer over the phone.

I think your friend is getting DELAYED confused with DENIED.
 
dogtown, he gets denied not delayed. He`s had to file an appeal on four different purchase`s and eventually gets his gun. Yes, it does take awhile and thats whats aggravating. The letters he`s written are more than likely out of pure frustration. He did get a response on the 2nd letter he wrote to NICS and they wanted confirmation on S.S.#. This has gone on for about two years and I feel kinda bad as I`m the one who got him into shooting. You would think after the first time he appealed,followed all protocol, that would be it. Hasn`t changed and trying to find the reason hasn`t been easy. Also can`t say for sure whether he gave prints with each appeal or not but I do know he eventually gets his gun. He`s got his CHL which means,you would think, his prints are already on file with NICS.
 
I have a CWP and get delayed about a third of the time. They never give a reason, but it could be something as stupid as the NICS yahoo was on a coffee break. I had a security clearance, when I was in the Army, too.

Since the shop I go to most is about 50 miles away, it almost seems as though someone at the federal level wants to increase my carbon footprint.

Seriously, if I were inclined to go on a shooting spree, what good is the delay going to do? It's not going to stop me from grabbing something that is already in the safe.
 
As a person who has experience calling NICS checks, I can tell you that any "common" name can cause a delay. Not necessarily a reject. (I have never had a NICS flat rejected).

Here in WA state, there is no waiting period for Long guns. There is a 5 day wait for handguns. However, if you have a WA CPL, you can take your gun the same day assuming NICS goes through.

Common name might have been the issue, or it could just be a dealer protection policy. The firearms industry is the most regulated industry in the US, so there are bound to be some dealer policies in place to protect the FFL as well as satisfy the airheads in DC.
 
Don't assume that having a concealed handgun license, CCW, pistol permit or whatever your state calls it exempts you from a NICS check or somehow makes it more likely to get a PROCEED.

Only those states whose permitting or licensing process meet or exceed the FBI NICS standards, allow the buyer to skip the NICS check.

Here is a map that shows which states allow you to skip the NICS check:
http://www.fbi.gov/hq/cjisd/nics/participation_map.htm
 
In jersey, I waited all of 10 minutes then I was good to go! I guess it all depends on how busy they are that day.
 
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As another resident to WA(on the west side), I have been delayed for any number of reasons(system down is a popular one). I have my CHL, and do not have a common name, so I'm chalking things up to computer gremlins. The FFL I do the majority of my transfers through knows me, and always wants to see what the latest acquisition looks like. A couple of times, I've been delayed(son called it in), the call back gave the go-ahead(wife answered the phone), then I get notified once somebody passes the word. Sometimes Murphy gets in the way...
 
dogtown, he gets denied not delayed. He`s had to file an appeal on four different purchase`s and eventually gets his gun. Yes, it does take awhile and thats whats aggravating.
If he's gone through the voluntary appeals process (VAF), he should have been issued a UPIN that he can indicate on the form. That keeps further delays or denials from happening. If he keeps having to file appeals, then part of the process is missing there.

Also can`t say for sure whether he gave prints with each appeal or not but I do know he eventually gets his gun. He`s got his CHL which means,you would think, his prints are already on file with NICS.
The CHL is issued by the state. The NICS check is federal. Two different animals.

As a person who has experience calling NICS checks, I can tell you that any "common" name can cause a delay. Not necessarily a reject. (I have never had a NICS flat rejected).
Wait until you do. Those can be fun sometimes :eek:
 
he should have been issued a UPIN that he can enter on the form. [/QUOTE ] Thanks Tom. I will ask him about this UPIN. We`ve talked about the whole situation and he`s never mentioned this before. Is this something he will receive from NICS via the mail or personal contact? Is this a number he`ll right down on gun purchase forms?
 
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