doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Delays with NICS

Howdy,

Fours days ago, I bought a 1979 Winchester 23 20ga from a local shop and got word back there was a NICS delay. I've bought many C&R guns before but nothing that require a NICS check for the last 3 years. I never experienced a delay before but heard they are getting common. I was told the NICS delay be indefinite. Is this something new (delays) and any suggestions on how to handle this frustration? What in the world causes a delay?

Thanks
Erin

"Hope and Change"

You you have been buying C & R guns without a NICS check and you do not have a C & R license, that person who has been selling you these, and has an "FFL" is not doing things legally.

There is a remedy for handling this problem on delays, you can call me direct at 281-870-8377 and I will tell you what to do.


Regards,

John Boyd
Quality Arms, Houston, TX

Whoa Nellie,

So if I buy a pre-1898 gun (C&R statute) from a pawn shop or from a gun show or from a individual I needed a NICS check to make it legal?

I tried to call Mr. Boyd but no answer

You have your terms confused,
pre 1898 is NOT a C&R. A C&R is anygun over 50 years old or one on the C&R list.For an unlicensed individual you must fill out a 4473 and go though the NCIS check,for those with a 03 FFL (C&R) you don't,we just enter them in the bound book.
Pre 1898 is a antique and you do not need a 4473 or a NICS check.

your delay is probably due to the NICS system being overwhelmed from working with the cenus bureau in checking the ACORN opps, I mean census employees.

http://thetruthaboutguns.com/tag/national-instant-criminal-background-check-system-nics/

C&R is a gun. Pre 1898 is not a gun, with exceptions. One exception is that a pre 1898 shotgun with less than 18" barrels is a controlled weapon.

Thanks for the info eightbore and Dave K.

I forgot that C&R is <50 and all pre-98 guns are not weapons.

However I wonder if all my roosters, grouse and greenheads buddies who had a close encounter of the third kind with my pre 98 London hammerguns and SLE's might agree.

Buying a 16 bore hammer gun, a few weeks ago, the delay was over 4 hours...on a weekday............

It is my understanding that a Nics check cannot be delayed " Indefinitely". This provision was put in to prevent the NICS System from being used as a restraint to lawful purchases. ATF Form 4473 ( rev AUG 2008) seems to confirm this.
vis Q 21c offers 4 options from NICS to the initial INquiry
Proceed - Denied-Cancelled or Delayed.
Q21d reads If Nics or state response was delayed the following response was received from NICS/State
Proceed-denied-cancelled or No resolution was provided within 3 business days.
Q21e ( Complete if applicable) After the firearm was transferred, the following response was received from Nics/State on: date Proceed - denied- Cancelled
In other words if NICS cant respond in 3 business days you are free to pick the gun up( if 3 days is permitted in the state where you live) and you are not otherwise legally disqualified

I see nothing from Gitano that indicates he DOES NOT have an 03 licence. The fact that he has purchased guns as C&R indicates he has one. ??????

jack