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What is the Maximum number of days you can be delayed, when purchasing a firearm
Dean
Dean
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Delayed
- Thread starter Dean Crawford
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3, but not familiar with any FFL that goes by that. To much at stake for their business to chance it in Massghanistan
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FrugalFannie
NES Member
this. the FFL is not obligated to do the transfer without an approval
3 days and I never had an FFL not proceed after 3 days.
3 FFL Business Days. If it's on a Saturday it doesn't start until the following Monday regardless of the FFL's Hours. If your FFL is on paper working one day a week then it could take over 3 weeks.
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I go by it. It's the Law. I'm legally able to do it and if it comes back with a Denial after the Brady Transfer date that they give me it's their own damn fault and they can go get the guy themselves. Not my problem. If they have a Valid LTC in MA which I require, it's the least of my worries considering the BS you have to go through to get one.
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I go by it. It's the Law. I'm legally able to do it and if it comes back with a Denial after the Brady Transfer date that they give me it's their own damn fault and they can go get the guy themselves. Not my problem. If they have a Valid LTC in MA which I require, it's the least of my worries considering the BS you have to go through to get one.
rep point to you sir
THIS is why I will continue to do business with Precision Point!
Johnny, you're the ****ing man.
Johnny, you're the ****ing man.
Delay because NICS ****ing sucks and they think that possibly maybe the person buying a gun is prohibited, but they don't have enough staff/examiners to straighten out the discrepancy on the spot, so they get to pick their ass for 3 days while you're denied your rights. It hasn't happened to me but I can see why someone else would be steamed if it happened to them, particularly if they know their nose is clean... Basically it's the government's way of violating due process... you are guilty of (some disabling crime here) until proven innocent via NICS.
-Mike
Yeah, it's happened to me once or twice. The curious thing is when it happens once, then not the next time, then again 2 or 3 times later....
Hey NICS people, PUT A NOTE ON THE DAMN FILE!!
That's cool and all, but I guess I wouldn't mind a note saying "last approved MM/DD/YYYY" when the search came up. That way unless there was something new since that date they can just say "ok, looks good lets roll".
caboose84
NES Member
Actually unless they are instigating a criminal prosecution all records of NICS checks are supposed to be destroyed after a period of time- so there is no "back door" registry. I have my doubts that NICS is complying with that part of the law, but it is in there....
JayMcB
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If you think they suck on a delay, they suck ever so much more on a deny. You VAF appeal the deny, and months and months later, they send you a letter that says. Sorry. Our bad, serf. Go try again. In the meantime, you're a pariah at your favorite gun store.
FWIW, I brought them the letter when it came in from the FBI, and they just shook their heads.
NIC's delays... https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/a-nics-delay
There's a reference table showing when the 3 days countdown begins to when the sale can proceed.
eg: Delay Response On Monday/Can Legally Transfer Under Federal Law On Friday
Delay Response On Wednesday/Can Legally Transfer Under Federal Law On Tuesday
Sadly, a VAF/UPIN is the only recourse for many... myself included.
I used to get delayed, then denied every time (long story).
Prior to applying for a VAF/UPIN, my only option was to send in an appeal file along with a set of fingerprints, then wait 5-6 weeks until I received
word back that I was good to go.
It happened so often, that I have 3 fingerprint cards that had been processed 3-4 times each (rather than get fingerprinted over and over again,
I just resubmitted the cards).
It got to a point that anytime I bought a firearm, I'd make make a multiple purchase.
Figured it would be easier to buy 2-3 firearms at once and go through the appeals process once rather than purchasing them individually and
go through the appeals process 2-3 times.
Anyone considering applying for a VAF should be aware that you waive that "right" and from that point on, any sale by an FFL will be recorded and maintained by NIC's for as long as one has a UPIN (probably irrelevant to MA residents since an FA-10 will be on file anyways).
FBI/NIC's claims that any records will be destroyed if the person decides to opt out at a later date... take that claim for what it's worth.
There's a reference table showing when the 3 days countdown begins to when the sale can proceed.
eg: Delay Response On Monday/Can Legally Transfer Under Federal Law On Friday
Delay Response On Wednesday/Can Legally Transfer Under Federal Law On Tuesday
Sadly, a VAF/UPIN is the only recourse for many... myself included.
I used to get delayed, then denied every time (long story).
Prior to applying for a VAF/UPIN, my only option was to send in an appeal file along with a set of fingerprints, then wait 5-6 weeks until I received
word back that I was good to go.
It happened so often, that I have 3 fingerprint cards that had been processed 3-4 times each (rather than get fingerprinted over and over again,
I just resubmitted the cards).
It got to a point that anytime I bought a firearm, I'd make make a multiple purchase.
Figured it would be easier to buy 2-3 firearms at once and go through the appeals process once rather than purchasing them individually and
go through the appeals process 2-3 times.
Anyone considering applying for a VAF should be aware that you waive that "right" and from that point on, any sale by an FFL will be recorded and maintained by NIC's for as long as one has a UPIN (probably irrelevant to MA residents since an FA-10 will be on file anyways).
FBI/NIC's claims that any records will be destroyed if the person decides to opt out at a later date... take that claim for what it's worth.
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The FFL can choose to release it after 3 days but the delay can last longer. Each time I get delayed my FFL releases it to me after 3 days (because they know I eventually pass at this point) but typically they don't hear back for about a week.
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