30 day wait period after delay on 4473? Lol

[NyleRN]

Was at my weekly bible last night with friends and one of them asked me about the wait period after getting delayed. He was in Dicks sporting goods buying a .22 rifle for his daughter and he said they had him submit the 4473 online right there in the store. I've never did it that way before but whatever. He got a delay response. They told him not to worry about it, they had a stack of delayed 4473s they were waiting for respones on. Then they tell him after 30 days of not hearing anything he has to reapply.
Discuss....

 

[Maximinus Thrax]

Apparently the FFL is given some discretionary room when dealing with delays. The reapplication is the part I have issue with. After no response the FFL is allowed to transfer the firearm and denote that "no resolution was provided within three business days” on line 21d of the ATF Form 4473". That was quoted straight from the FBI site listed below. Am I missing something here?

FBI ? A NICS Delay

 

[The Keymaster]

Keep on mind...this is Dicks, they make their own rules.

 

[NyleRN]

I told him it must be a corporate policy or something. And that their name is fitting

 

[PistolBob]

i thought we weren't supposed to buy anything from Dick's because of the price gouging after the last school shooting?

 

[lonehoosier]

Keep on mind...this is Dicks, they make their own rules.

^^^^^^^^^^ T H I S ^^^^^^^^^^

 

[Hornett]

They told him not to worry about it, they had a stack of delayed 4473s they were waiting for respones on.

Ya' think there's any possibility that they are doing it wrong?

 

[Maximinus Thrax]

i thought we weren't supposed to buy anything from Dick's because of the price gouging after the last school shooting?

It wasn't price gouging, it was the political statement they made by pulling AR style rifles from their shelves. We now know whose bed they sleep in.

 

[possum_128]

After 30 days the 4473 is void. After 30 days one must reapply if they want to try again at the same ffl. And yes, it is up to the ffl rather to sell the firearm after the 3 days without a proceed due to a delay.

 

[Bradis Guns]

Ya' think there's any possibility that they are doing it wrong?

No, just differently than most other places would. In the event of a delay, some shops *require* a further NICS response of some sort before they will release the gun (although as stated, they only have to wait 3 business days). A NICS check is only valid for 30 days after it is initiated, so if the dealer does not release the gun within that timeframe b/c no NICS response was given after the delay, then yes a new check would have to be run.

 

[M67]

After 30 days the 4473 is void. After 30 days one must reapply if they want to try again at the same ffl. And yes, it is up to the ffl rather to sell the firearm after the 3 days without a proceed due to a delay.

Yup

 

[Maximinus Thrax]

After 30 days the 4473 is void. After 30 days one must reapply if they want to try again at the same ffl. And yes, it is up to the ffl rather to sell the firearm after the 3 days without a proceed due to a delay.

Ah, that was the part I was missing. What would the logic be in forcing the customer to wait and reapply? I for one would be a lost sale if a store tried pulling that on me.

 

[87iroc]

Rural King has online 4473s now. I liked it.

Tell your friend to go to a LGS or Rural King type place...

 

[sharkey]

Keep on mind...this is Dicks, they make their own rules.

Hey, at least they are honest enough to post warnings on the outside of their stores. They state straight up that they're dicks.

 

[Hoosierdood]

Dick's has a corporate policy to not release any firearms until there is a resolution from the FBI. The Brady Law does not prohibit a FFL from transferring the firearm after 3 business days, but that doesnt mean the FFL is required to do so.

 

[Indyvet]

I am guessing the employee did not know or explain it incorrectly. As Bradis and some others pointed out on here, If the firearm is not picked up within 30 days of either after being proceeded after the delay or what I have been told, 5 business days after the delay without a call back to proceed with the transaction, the 4473 is void. If you are delayed and 5 business days have passed(which nics gives you a date that the firearm can be released if they do not call before then) and you come in on day 31 to pick it up, then another 4473 must be filled out and the NICS background check has to be done again.

 

[sig-guy]

Rural King has online 4473s now. I liked it.

Tell your friend to go to a LGS or Rural King type place...

Most large chains I've been around have the online process. I dis-like it.

Rural King going online might be a plus:
(below is what took place with the paper 4473)

Rural King has a corporate policy which makes you sign/date the 4473 form in two places. The normal one on top and then towards the bottom. The bottom one is IF you pick the firearm up on a different day, but they make you sign it there even on the same day. Stating their HQ is located in IL and this is corporate policy.

Well, in IL you have to wait 24HRS before picking up the firearm. So in that case, you have to sign/date below. But they want the process streamlined, so they require all their stores to do it.

Seems silly to me, this is IN after all.

 

[possum_128]

Most large chains I've been around have the online process. I dis-like it.

Rural King going online might be a plus:
(below is what took place with the paper 4473)

Rural King has a corporate policy which makes you sign/date the 4473 form in two places. The normal one on top and then towards the bottom. The bottom one is IF you pick the firearm up on a different day, but they make you sign it there even on the same day. Stating their HQ is located in IL and this is corporate policy.

Well, in IL you have to wait 24HRS before picking up the firearm. So in that case, you have to sign/date below. But they want the process streamlined, so they require all their stores to do it.

Seems silly to me, this is IN after all.

Rural King ended this practice about 9 months ago. They no longer require you to sign and date the bottom line unless you pick up the firearm on a different day then when the 4473 was first done, as in the case of a delay on day one and then a proceed is given and customer picks up the gun on a later date.

 

[Hornett]

No, just differently than most other places would. In the event of a delay, some shops *require* a further NICS response of some sort before they will release the gun (although as stated, they only have to wait 3 business days). A NICS check is only valid for 30 days after it is initiated, so if the dealer does not release the gun within that timeframe b/c no NICS response was given after the delay, then yes a new check would have to be run.

I see.
I still have a couple of questions though.
Do most dealers have a "stack" of failed NICS checks waiting on a reply?
On a typical day, how many buyers fail an NICS background check?

 

[shootersix]

Was at my weekly bible last night with friends and one of them asked me about the wait period after getting delayed. He was in Dicks sporting goods buying a .22 rifle for his daughter and he said they had him submit the 4473 online right there in the store. I've never did it that way before but whatever. He got a delay response. They told him not to worry about it, they had a stack of delayed 4473s they were waiting for respones on. Then they tell him after 30 days of not hearing anything he has to reapply.
Discuss....

if you call into nics they say 1 of 2 things
1-approved
or
2-further review

if they say further review, they transfer you to another person, and that person will either say approved,denied or delayed, if the response is delay, they say that the brady bill does not prohibit the transfer after 3 business days(saturday,sunday and hollidays do not count!) and they(nics employee) give them their name and id#

anything the the gunshop says other than that is a store policy!, so if dicks says 30 days, then it's dicks policy NOT the atf,nics,fbi or any goverment agency!

Rural King has online 4473s now. I liked it.

Tell your friend to go to a LGS or Rural King type place...

wont help, if he gets delayed on a phone call, he'll get delayed on a online check, he's better going to a gunshop, not a "chain store"

I am guessing the employee did not know or explain it incorrectly. As Bradis and some others pointed out on here, If the firearm is not picked up within 30 days of either after being proceeded after the delay or what I have been told, 5 business days after the delay without a call back to proceed with the transaction, the 4473 is void. If you are delayed and 5 business days have passed(which nics gives you a date that the firearm can be released if they do not call before then) and you come in on day 31 to pick it up, then another 4473 must be filled out and the NICS background check has to be done again.

anything other than 3 business days is store policy not atf/nics/fbi policy

I see.
I still have a couple of questions though.
Do most dealers have a "stack" of failed NICS checks waiting on a reply?
On a typical day, how many buyers fail an NICS background check?

yes they are kept, in the off chance that they want to press charges it's considered evidence, i had an instance where fbi approved the sale, and since it was 2 handguns, i had to fill out the multi sale form, and fax it to the atf, and local police, and needless to say atf called and he was a fellon

and i have had an instance or two where nics has called with a denial after three days and asked if the person had taken posession of the firearm! so no system is perfect, even the goverment!