Nics delay turnaround time

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jmusteen

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That's insane. It took all of 3 minutes today for me.

Per the FBI - NICS website (https://www.fbi.gov/services/cjis/nics/about-nics):
"
If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS examiner will advise the FFL to DELAY the firearm transaction and the FFL will receive the following instructions:

“. . .NTN ___ will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on day/date.”

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."

You've gone well past three business days and I believe you are legally allowed to take possession. Please research further, but I'm confident at this point if they haven't received a response from NICS, you are allowed to take the firearm.
Right I'm always delayed 5mins would have refunded by now if I found the item available anywhere else
 

thor447

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Legally allowed, but at the FFL’s discretion
Good point. It's definitely worth talking with the store management about to make sure they are aware of this NICS rule. Hopefully they haven't taken his money yet!

I guess I looked kinda shady then because the shotgun I bought last summer I was walked clean to my pickup.
Atwoods has done that to me both times I've purchased a firearm there. They said it's store policy. Academy takes you to the door, Atwoods takes it to your car. In my case, I basically ended up taking it from him when we got there. He held it and I think he was expecting to load it in my vehicle.
 

Aries

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I bought one at Atwoods and they carried it all the way to the car.
I bought one at Walmart and one at Academy and they carried it outside the door and handed it to me.
 

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