5-day Hold on handgun purchase in Indiana?

[jkfletcher]

I have a question regarding the background check. I've recently moved to Indiana from Kentucky. When purchasing a gun in Kentucky, if you have a permit you don't have to undergo the background check....just fill out the form and off you go. Why would this be different in Indiana? Your background check was performed when you applied for your permit to carry.

Different in Indiana because FBI doesn't deem that Indiana's LTCH background check is sufficient/in depth enough to bypass the NICS check.

 

[Dirtebiker]

It's a 3 day hold, not a 5 day hold.

And yes this is a appropriate area for his question.

The op originally posted in introductions

 

[JetGirl]

If he said they told him 5 days, then you can bet they did.

As stated... If the delay time ran over a weekend or a holiday, then that is true. It is three *Business* days.

 

[ScouT6a]

I've heard rumors around the gun shop that they were looking into doing away with the call-in check at purchase time if you have a LTCH. I have no problem with the way things are ran now.
Problem I see with not running a check just because a guy has a LTCH is that you could potentially have a guy walk in with a valid LTCH that actually had a disqualifying charge on his record from 6 months or a year ago and it hadn't caught up with the State Police data base yet.

 

[ModernGunner]

Well, it's NOT Cabela's.

Over the last years I alternately received 'proceed' or 'delayed'. But hey, at least I now know what's gonna happen with the next purchase!111

In the case of 'delayed', including the last purchase at Cabela's, I was called back within 1 - 1.5 days and told I was then moved to the 'proceed' category.

I guess it's an annoyance, but not being my first or only purchase, doesn't really matter. I just chalk it up to a backlog, and don't worry about it.

 

[sig-guy]

A Trooper friend of mine got a delay in full uniform when he bought a Glock subcompact.

 

[sig-guy]

Companies like cabelas just do a blanket 5 days to cover their own butts. Far to many times I have had NICS checks go to 3 days in "open status" and then we sell the gun. the next day it comes back as a deny and then the NICS asks for adresses and give the person an ultimatum to return the gun or the confiscate it....pissed off customer blah blah blah. It's easier to just say 5 days and be done with. Not so much dragging their feet just being extra cautious.

'far to many times'

Something sounds flawed with their process!

 

[JetGirl]

A Trooper friend of mine got a delay in full uniform when he bought a Glock subcompact.

Why would what he's wearing matter?
It's not a background check on your underwear.

 

[MrsGungho]

Why would what he's wearing matter?
It's not a background check on your underwear.

now that would be something


now let me reiterate what the monkey has said here


your delay is

3 BUSINESS DAYS

last I looked Saturday & Sunday were not business days

 

[barnstormer37]

I recently went to Cabellas in Hammond to purchase a new firearm. After doing the background check, I was told that they put a 5-day hold on my new weapon.. I possess a conceal carry permit so I am a bit confused as to why this is the case. Has this ever happened to anyone and can you enlighten me as to why? Thanks in advance.

To the OP: Your profile says you live in NW Indiana. I wonder where you got the conceal carry permit you say you possess. The state of Indiana issues a License To Carry Handgun, so is your permit from some other agency?

 

[in625shooter]

Why would what he's wearing matter?
It's not a background check on your underwear.

Him and I just thought it was funny. Being that he worked for ISP and at the end of his shift for ISP. if there was something criminal with him his employer would have known before anyone else. It wasn't like he was suspended, under investigation or on desk duty for discipline etc. Thats all.

And since I know where this will probably start going in some minds here see below!

******DISCLAIMER**** before all the uproar or getting away from the topic from the haters out there no one said he had anything coming because he was in uniform or an LEO or ETC ETC ETC so lets not go there or get that started.....for once!

 

[zippy23]

Your first mistake was buying a gun from Cabellas...

YES!! ^^^^^THIS^^^^^^^

 

[LarryC]

now that would be something


now let me reiterate what the monkey has said here


your delay is

3 BUSINESS DAYS

last I looked Saturday & Sunday were not business days

There is a table in the back of the "ATF Federal Firearms Regulations Reference Guide 2005" received by me from the ATF last year with my FFL-03 license. The table is as follows

"The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures"

DELAY RESPONSE ON / CAN LEGALLY TRANSFER ON
Monday / Friday
Tuesday / Saturday
Wednesday / Tuesday
Thursday / Wednesday
Friday / Thursday
Saturday / Thursday
Sunday / Thursday

Directly below this table on Page 218 is the following statement:

"If the FFL has not received from the NICS a final determination after 3 business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm, the FFL must note "no resolution was provided within 3 business days" on line 21d of the ATF form 4473 (please refer to pages 24 and 25 of the FBI NICS FFL User Manual)

It appears the "3 business days" must be the ATF's days - according to the table, but elsewhere in the manual it appears it is to be the FFL dealers business day!