Just did a Nics check which resulted in a delay, the Brady date was set for April 9, 3 weeks from today. Did not see any post on this.

This message has been edited. Last edited by: elmer,

Is it no longer the case that if a response is not received in three days, the transfer can go through?

quote:

Originally posted by maladat:
Is it no longer the case that if a response is not received in three days, the transfer can go through?

That was my understanding as well.

Just a guess here. If the NICS told the FFL; for box 19c, delay and gave a date, that date would preempt the 3 days no response in box 19d.

NICS does not count days the government is closed. Perhaps your state offices are shut down? When in the delay status NICS gives the transfer date to the FFL in which they can transfer the firearm without a “proceed”.

https://www.fbi.gov/services/c...d%20from%20Receiving

“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. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.”

^^Probably true^^

I'm going to guess the OP doesn't have an AL pistol permit. Last I checked, and I live in a neighboring county, they don't run a NICS when you have a permit here. You still have to fill out a 4473, but they are not required to run a NICS as long as you have a valid state issued ID, and carry permit. At least that's how my last purchase happened when I purchased a pistol in the very town he lives in.

In my state, Nics does the check, maybe they are now doing all of if the state offices are closed and just swamped.

quote:

Originally posted by elmer:
In my state, Nics does the check, maybe they are now doing all of if the state offices are closed and just swamped.

I live right next to you in AL, just up the road. Do you NOT have a pistol permit?

We cannot accept pistol permit any longer in place of the background check. ATF revoked that some time ago. I am not the customer.

Something doesn’t sound right.

It’s three business days, not including origination day and weekends. That should mean it will change to open status on Wednesday if a proceed is not issued before then.

quote:

Originally posted by AH.74:
Something doesn’t sound right.

It’s three business days, not including origination day and weekends. That should mean it will change to open status on Wednesday if a proceed is not issued before then.

From the FBI link I posted:
“and any day state offices in the state of purchase are closed.”

The FFL does not determine the transfer date, the FBI NICS does.

I know the FFL does not determine the date. The state office info is new to me. That’s good to know, although I believe it should not be relevant in states that rely only on NICS.

quote:

Originally posted by stoic-one:
^^Probably true^^

I'm going to guess the OP doesn't have an AL pistol permit. Last I checked, and I live in a neighboring county, they don't run a NICS when you have a permit here. You still have to fill out a 4473, but they are not required to run a NICS as long as you have a valid state issued ID, and carry permit. At least that's how my last purchase happened when I purchased a pistol in the very town he lives in.

Unfortunately that is no longer true for Alabama. Due to at least 2 counties getting caught approving pistol permits for prohibited persons, the FBI suspended indefinitely the ability for our state's FFLs to transfer based simply upon the possession of a state pistol permit. This went into effect late last year...

Somethings not right. Just checked with a local FFL and the are presently being given 3/25. Which given the weekend would be correct by FBI standards.

quote:

Originally posted by bronicabill:

quote:

Originally posted by stoic-one:
^^Probably true^^

I'm going to guess the OP doesn't have an AL pistol permit. Last I checked, and I live in a neighboring county, they don't run a NICS when you have a permit here. You still have to fill out a 4473, but they are not required to run a NICS as long as you have a valid state issued ID, and carry permit. At least that's how my last purchase happened when I purchased a pistol in the very town he lives in.

Unfortunately that is no longer true for Alabama. Due to at least 2 counties getting caught approving pistol permits for prohibited persons, the FBI suspended indefinitely the ability for our state's FFLs to transfer based simply upon the possession of a state pistol permit. This went into effect late last year...

Ah yes, I forgot hearing about that little gem... Dumbasses...

NSSF- The Firearms Industry Trade Association
NICS Experiences Unprecedented Volume Increase
FFLs Must Consider Closures, Reduced Staff Effects on Three Business Day Delays
As our nation continues to navigate its response to the COVID-19, we recognize the firearm industry, like many other industries, is being impacted. NSSF® is aware of delays within the FBI’s National Instant Criminal Background Check (NICS) System. We want you to know the FBI is on the job and working diligently to address the dramatic response and increase in background checks experienced over the past few days. Just yesterday, Monday, March 16, 2020, the NICS staff experienced over a 300% increase compared to this same time period in 2019. As we’ve seen in the past with other national events, our citizens often seek to exercise their Second Amendment rights during times of uncertainty. Therefore transparent communication remains a top priority.

According to NICS, there are delays in the system due to an astronomical volume of transactions over the last several days. While much of the NICS System is automated and yields an immediate “proceed” or “deny” determination, transactions that result in a delayed status require the work of NICS examiners to investigate whether the transaction should be approved or not. With daily volumes roughly double that of last year, the NICS team is unable to begin investigations on all delays within three business days, creating a backlog in the delayed checks.

Some states offices and agencies are considering options to protect the health and safety of their employees, which may include a reduction in staff or a temporary closure. If you operate in one of these areas and if you receive a delayed response from the NICS, please note the Brady transfer date provided to you by the FBI could be extended beyond the normal three business days. The three business day timeframe does not begin until relevant state offices are open for business. Additionally, because of the dramatic increase in volume, it is important to recognize FBI staff may not be able to begin their research on delayed transactions as they normally would. Therefore, you may want to consider waiting on a definitive response from the NICS before opting to proceed with a sale on any delayed transaction. We are operating during exceptional and uncertain times, so you may wish to consider implementing temporary changes in order to safeguard yourself and your business. However, please note that when state offices are closed it does not constitute a “business day” for purposes of calculating the “three business days” period before an FFL may transfer a firearm to a non-licensee as mandated by the Brady Act.

The NICS Section is working overtime to get through the backlog and we appreciate their hard work and open communication. NSSF will continue to communicate with NICS and our members to ensure operations move forward as smoothly as possible during this period.

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National Shooting Sports Foundation
11 Mile Hill Road
Newtown, CT 06470

^^^^^
Thanks for spelling out the acronym. I thought the thread was about the New York basketall team.

from the VA State Police, (we do background checks thru VSP in VA)


ATTENTION ALL FFL DEALERS

Due to the increase in volume, hold times will be longer than normal.

Delay time on transaction may increase to 8 - 12 hours on average.



During this increase in volume, please adhere to the following:



1. Ensure your entries are complete and accurate prior to submitting through VCheck to minimize additional calls to the

office or changes to documentation.



2. Do not call the office or have your customers call to check on delays. Unnecessary calls will further delay the process

of transactions.





The Firearms Transaction Center is working diligently to maintain our services through the impact of the COVID-19 virus. We are aware that some states may consider options to protect the health and safety of their employees which may include a reduction in office availability or even office closures. Please rest assured we will be operational.

Should Virginia choose to close state offices or shut down the courts, this could potentially impact the unauthorized release date by changing the time in which an FFL can legal transfer a firearm without an approval number. We urge all dealers to be cognizant of the impact this may have on your day to day operations, and also stress the importance of adhering to the unauthorized release date provided to you at the time a transaction is placed in a delayed status.

quote:

Originally posted by bronicabill:

quote:

Originally posted by stoic-one:
^^Probably true^^

I'm going to guess the OP doesn't have an AL pistol permit. Last I checked, and I live in a neighboring county, they don't run a NICS when you have a permit here. You still have to fill out a 4473, but they are not required to run a NICS as long as you have a valid state issued ID, and carry permit. At least that's how my last purchase happened when I purchased a pistol in the very town he lives in.

Unfortunately that is no longer true for Alabama. Due to at least 2 counties getting caught approving pistol permits for prohibited persons, the FBI suspended indefinitely the ability for our state's FFLs to transfer based simply upon the possession of a state pistol permit. This went into effect late last year...

I missed this. What counties got caught?

quote:

Originally posted by Herkdriver:
<<snip>>
I missed this. What counties got caught?

Working off memory here as it was last year, and I've slept a few times since then!

I know for sure, Morgan County (Decatur, Priceville, Hartselle area), and I *think* Jefferson County (Birmingham). May have been others but can't remember...