This doesn't really affect anyone other than those gun buyers who get DELAYED by the NICS system. But it is a change in policy by Cabelas/Bass Pro. And it's a bad change as far as I'm concerned. It is a politically correct change as far as I'm concerned.

As of March 6th, 2018 no gun will be released to anyone until a PROCEED is received from NICS. Federal law states that after 3 business days if there is "no resolution" from NICS the firearm may be released to the buyer. Until March 6th, Cabela's followed federal law. People who got a delay status could come in after 3 business days and pick up their gun whether there was a proceed response from NICS or not.

There are many people who get delayed and many times there is never a resolution. They don't get denied, they don't get proceed. It's "no resolution" Anyone in this situation should just buy someplace else. If there is no PROCEED at 30 days, you would have to start the process over again.

If these companies don't want to follow the law, they should just get out of the gun selling business. But they won't do that, because it is literally half of their gross sales. Firearms and ammunition. They want your money but they don't really care about the 2A.

Anyway, just my little vent for the day. I don't get delayed and have a CCW to bypass the check. But IMO it's anti gun to do what they are doing. Choose who you give your money to accordingly I guess.

I wouldn't call it anti-gun. It's anti lawsuit. I think the law allows, but does not require, them to go through with the sale if there is a DELAY that is unresolved.

I think it's a good idea. If I owned a gun shop there's no way I would give a firearm to someone without a "Proceed". I've seen too many people that were delayed and eventually denied after picking up the firearm. A lot of those people may have had restraining orders that they didn't know about, or some other prohibition that could be resolved. However by them possessing a firearm without fixing the problem, technically they are committing a felony and liable for prosecution.

The problem isn't what Cabelas is doing, the problem is the underfunded NICS program. The NICS folks should be properly funded so that they can do the proper job within a reasonable amount of time.

I don’t really have an issue with it in today’s political environment

I went through Bass Pro last week when I picked up a 365, electronic 4473. Only wait I really had was for a manager to verify the NICS reply and double check the paperwork and was in order.

BP does have a cutoff on CCW verifications and won’t accept them. LA issues for 5 yrs. BP accepts within 3 yrs if I caught the explaination correctly. No big deal really

I'm seconds away from pulling the trigger on ordering a Browning Hell's Canyon from Cabela's. I have a CCW in NC so I don't expect a problem.

quote:

Originally posted by Lt CHEG:
I think it's a good idea. If I owned a gun shop there's no way I would give a firearm to someone without a "Proceed". I've seen too many people that were delayed and eventually denied after picking up the firearm. A lot of those people may have had restraining orders that they didn't know about, or some other prohibition that could be resolved. However by them possessing a firearm without fixing the problem, technically they are committing a felony and liable for prosecution.

The problem isn't what Cabelas is doing, the problem is the underfunded NICS program. The NICS folks should be properly funded so that they can do the proper job within a reasonable amount of time.

Many times, there is never a proceed or a deny. Since the law is release the gun after 3 days with no resolution, I think the NICS people just assume the gun was transferred.

Also, if a store is following the law, they are not liable, they can't be sued. See Lawful Commerce in Arms Act.

If there is eventually a deny, even if it is 2 weeks after the form was filled out, NICS will call the store and ask if the gun was transferred. If you say no, they say deny, don't transfer the firearm. If you say we transferred the gun, they ask for the form and I assume they sent the ATF to get the gun.

Two comments...

• Given BestBuy/Cabelas gun and ammo pricing, I'd have to be nuts to ever buy anything firearm related from them.
• As such, I couldn't care less what their firearm policies are.

In California, you can get a undetermined after 30 days. The law and CA. DOJ say the FFL may released the firearm.
It seems to me, the FFL should refund all monies in the sale if they aren't going to release the firearm.

quote:

Originally posted by DEPUTYBILL:
In California, you can get a undetermined after 30 days. The law and CA. DOJ say the FFL may released the firearm.
It seems to me, the FFL should refund all monies in the sale if they aren't going to release the firearm.

Right but if the FFL refuses to release the gun, which is what Cabelas/BassPro are doing, then what?

Look, I don't care who thinks they are overpriced and will never buy a gun there etc. The point is, they are a MAJOR player in gun sales nation wide. It's just a fact. If every FFL decides exactly what these big box stores are doing is a good thing, the anti gunners have won. It's never an issue for you personally until one day it is.

I dunno...delays can be caused by a multitude of things, not just because of some criminal action in a person's past. One of customers now gets delayed because someone stole his identity and managed to rack up a mountain of debt that now our customer has hanging over his head and must clear up. Even afterwards, his future gun purchases will probably end up going to further review in his background checks for some time to come.

The FBI's NICS system is swamped even without episodes of pandemonium and panic. The incidents of us releasing the gun only to have NICS come back with a denial have shrunken to zero for our shop, but that's only due to WA State having a mandatory 10 business day wait period on non-determination delays, purportedly just in case the Feds find something after the initial 3 days.

The law is probably on their side as long as it states “they may release”. NICS will require a lot of fixing and additional funding to make this sort of thing OK, though. As mentioned a restraining order that someone didn’t know about could trigger the delay. At the same time a resolved restraining order that is no longer useful is probably not going to trigger the clearing of that checkpoint so the consumer doesn’t get a delay. It will take a lot of “fixing” to make the system accurate and trustworthy.

What is the status of your money at that point? indefinite hold?

At Cabelas you don't pay until the BG check is complete so you are not out any money.

quote:

As of March 6th, 2018 no gun will be released to anyone until a PROCEED is received from NICS.

Are they taking the buyers' money? You don't typically pay until after the 4473 has been filled out and the background check passed. If they take the money and the check ultimately comes back somehow unresolved or denied, do they refund it? I have never gotten "delayed," which is why I'm asking.

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