NICS SUCKS!

[Joey43]

NICS had two of my back round checks expire. I'm in NY state and my first check went in delay status and switched to open and remained open for 30 days with no response . After that expired my FFL submitted another one and that same day I filed an appeal regarding the first check. The same shit happened with the second check as well. As far as the appeal my FFL contacted them and they had told him they have received my appeal and are working on responding to appeals from Dec of 2020. This totally sucks ass!! My first purchase went fine. One day after being on delay I went to go pick up my handgun. Since than my life hasn't changed in any way as far as breaking the law. If it was something in my back round check I would have been denied which I wasn't, and the ATF would have came to confiscate my first pistol I would think. So what now? Are they trying to say I can never purchase another pistol or rifle for as long as I live? Screw that!! I'm a law abiding citizen who is a valid CCL holder who is basically having his 2nd amendment infringed upon. Anyone have any advice or suggestions for me moving forward with this.

 

[Celt]

NICS had two of my back round checks expire. I'm in NY state and my first check went in delay status and switched to open and remained open for 30 days with no response . After that expired my FFL submitted another one and that same day I filed an appeal regarding the first check. The same shit happened with the second check as well. As far as the appeal my FFL contacted them and they had told him they have received my appeal and are working on responding to appeals from Dec of 2020. This totally sucks ass!! My first purchase went fine. One day after being on delay I went to go pick up my handgun. Since than my life hasn't changed in any way as far as breaking the law. If it was something in my back round check I would have been denied which I wasn't, and the ATF would have came to confiscate my first pistol I would think. So what now? Are they trying to say I can never purchase another pistol or rifle for as long as I live? Screw that!! I'm a law abiding citizen who is a valid CCL holder who is basically having his 2nd amendment infringed upon. Anyone have any advice or suggestions for me moving forward with this.

Get a UPIN. And thats freaking annoying. If you have money to burn talk to a lawyer.

FBI NICS VAF & UPIN Service FAQ | RecordGone.com

Get the answers you need regarding Voluntary Appeal File (VAF) / Unique Personal Identification Number (UPIN) from RecordGone.com.

www.recordgone.com

 

[byron]

OPEN: This status indicates the delay has extended beyond three business days. then gun can be transferred But ny has a 30 day wait so your check is only good for thirty days meaning that if it the gun was not transferred in the 30 day it has to be rerun But if you get another delay over 3 days the gun CAN be transferred the New York 30 day has already been stratified some FFLs seem to think it starts over but nowhere in the NY law does it say it expires after the initial 30 day wait and has to be started over

 

[gun_slinger_boy]

Is that 30 NY wait relatively new? I remember I was delayed back when gander was still in Middletown and I just came back in 3 days and picked up the gun.

 

[spat]

Is that 30 NY wait relatively new? I remember I was delayed back when gander was still in Middletown and I just came back in 3 days and picked up the gun.

Your delay may have turned into a proceed in the 3 days.

If it doesn't turn into a proceed in 3 days it never will.

 

[byron]

Is that 30 NY wait relatively new? I remember I was delayed back when gander was still in Middletown and I just came back in 3 days and picked up the gun.

Sept 2019 I believe

 

[Saltwater60]

Giffords says after 30 days you can proceed with the transfer.

Background Check Procedures in New York

Research New York state laws on background check procedures, including what is regulated and what's not. Find related gun law details from Giffords Law Center to Prevent Gun Violence today.

giffords.org

 

[byron]

Giffords says after 30 days you can proceed with the transfer.

Background Check Procedures in New York

Research New York state laws on background check procedures, including what is regulated and what's not. Find related gun law details from Giffords Law Center to Prevent Gun Violence today.

giffords.org

the way I read this you don't have to run the nics check the second time

 

[Joey43]

Is that 30 NY wait relatively new? I remember I was delayed back when gander was still in Middletown and I just came back in 3 days and picked up the gun.

Yes Cuomo extended to thirty days.

 

[Joey43]

the way I read this you don't have to run the nics check the second time

No you don't but the FFL decided to run the check again which didn't make sense to me. He just backed off on the sale because by law after 3 or 30 days whatever the law is in your state if NICS don't respond on the day and time if expiration the FFL can legally make the transfer. It's under the discretion of the FFL to make the transfer and I thought he would seeing I purchased my first handgun through him. Looks like I need to find a new FFL where if I run into this issue again would not be cautious to legally sell me the pistol. It's all backdoor politics figuring if people see they have to go through the bullshit everytime you want to purchase a firearm you may lose interest due to all the unconstitutional red tape you shouldn't have to go through. A UPIN I thought of but they can sit on issuing that as well and having a UPIN doesn't prevent going into delay status and waiting. It can still happen maybe just not quite as often.

 

[Joey43]

Your delay may have turned into a proceed in the 3 days.

If it doesn't turn into a proceed in 3 days it never will.

No it never changed to proceed after 3 days. He ran it and we waited for like 20 minutes for the proceed statues but went to delay instead. Following the 3 days he notified me saying status changed to open and remained open for the 30 day period. No proceed or deny. Do you know of any FFL's that knows by law they can legally make the transfer without any problems fearing to make the sale when lawfully they can?

 

[FRB]

Happened to me twice. I just gave up and built my own...

 

[Acer-m14]

i went black no nics lol

 

[gun_slinger_boy]

Your delay may have turned into a proceed in the 3 days.

If it doesn't turn into a proceed in 3 days it never will.

I vaguely remember it still being delayed when I got it and them being kind of hesitant to release it. I could be wrong though. It was so long ago.

ETA: This was in 2004

https://www.atf.gov/file/61086/download#:~:text=A%20%22Delayed%22%20response%20to%20the,made)%2C%20whichever%20occurs%20first.

Last year

Must a licensee always wait 3 business days before transferring a firearm after receiving a “delayed” response? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A licensee may transfer a firearm to a transferee as soon as he or she receives a “proceed” from NICS (assuming that the transaction would be in compliance with state law). However, if the licensee does not receive a final “proceed” or “denied” response from NICS, he or she must wait until 3...

www.atf.gov

So it looks like it's up to the FFL.

 

[Acer-m14]

wonders why the Cribs , Bloods, MS13, insert gang name .. never get a delay

 

[libertysnake]

A right delayed, is a right denied. They are denying our rights.

 

[Robin]

A week or so ago I got delayed, drove over to the county seat, put it on my permit, stopped home for a short gab fest with my best friend, went back to the shop and it was a go. Fuck NICS and NY!
Robin

 

[Saltwater60]

If I were you I’d call the FFL and say let’s be practical here. I have a pistol permit and it’s been 60 days since I applied for a gun and something would have happened between then and now if I wasn’t allowed to have a gun. The law says we can proceed are you willing to do that or not? If he says no just ask him do you know of another ffl that will? That will get his attention and you know right then and there to get a new ffl or no.

 

[spat]

No it never changed to proceed after 3 days. He ran it and we waited for like 20 minutes for the proceed statues but went to delay instead. Following the 3 days he notified me saying status changed to open and remained open for the 30 day period. No proceed or deny. Do you know of any FFL's that knows by law they can legally make the transfer without any problems fearing to make the sale when lawfully they can?

In NY they can't legally make the transfer without an explicit proceed.

The feds say you can transfer if you don't get a deny in 3 days. After 3 days they stop looking. After 3 days it will never become a proceed.

NY says no proceed, no transfer, ever.

 

[spat]

I vaguely remember it still being delayed when I got it and them being kind of hesitant to release it. I could be wrong though. It was so long ago.

ETA: This was in 2004

https://www.atf.gov/file/61086/download#:~:text=A%20%22Delayed%22%20response%20to%20the,made)%2C%20whichever%20occurs%20first.

Last year

Must a licensee always wait 3 business days before transferring a firearm after receiving a “delayed” response? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A licensee may transfer a firearm to a transferee as soon as he or she receives a “proceed” from NICS (assuming that the transaction would be in compliance with state law). However, if the licensee does not receive a final “proceed” or “denied” response from NICS, he or she must wait until 3...

www.atf.gov

So it looks like it's up to the FFL.

Used to be that way in NY, but now NY says you *must* have a proceed.

 

[Joey43]

It would be up to the FFL to make the transfer. The FFL can legally do so if NICS doesn't respond in the time allotted.

In NY they can't legally make the transfer without an explicit proceed.

The feds say you can transfer if you don't get a deny in 3 days. After 3 days they stop looking. After 3 days it will never become a proceed.

NY says no proceed, no transfer, ever.

 

[spat]

It would be up to the FFL to make the transfer. The FFL can legally do so if NICS doesn't respond in the time allotted.

Not in NY they can't. That would be a violation of:

NY Gen Bus L § 897 (2020)


NY says you have to wait 30 days ( not the 3 that the ATF requires).

The ATF says your original check expires after 30 days, so you will have to run another.

So, if all you ever get is delays, then you would have to wait the 30 days, run *another* nics, then 3 days after that you could take possession.


(a) the National Instant Criminal Background Check System (NICS) or its
successor has issued a "proceed" response to the seller or transferor,
or (b) thirty calendar days shall have elapsed since the date the seller
or transferor contacted NICS to initiate a national instant criminal
background check and NICS has not notified the seller or transferor that
the transfer of the firearm, rifle or shotgun to such person should be
denied.

 

[fresch]

If I were you I’d call the FFL and say let’s be practical here. I have a pistol permit and it’s been 60 days since I applied for a gun and something would have happened between then and now if I wasn’t allowed to have a gun. The law says we can proceed are you willing to do that or not? If he says no just ask him do you know of another ffl that will? That will get his attention and you know right then and there to get a new ffl or no.

It should be, if we must have a permit for a right, that once you have a permit you can buy/sell at will no more checking.

 

[byron]

Not in NY they can't. That would be a violation of:

NY Gen Bus L § 897 (2020)


NY says you have to wait 30 days ( not the 3 that the ATF requires).

The ATF says your original check expires after 30 days, so you will have to run another.

So, if all you ever get is delays, then you would have to wait the 30 days, run *another* nics, then 3 days after that you could take possession.


(a) the National Instant Criminal Background Check System (NICS) or its
successor has issued a "proceed" response to the seller or transferor,
or (b) thirty calendar days shall have elapsed since the date the seller
or transferor contacted NICS to initiate a national instant criminal
background check and NICS has not notified the seller or transferor that
the transfer of the firearm, rifle or shotgun to such person should be
denied.

This law states at a gun show
897. Sale of a firearm, rifle or shotgun at a gun show. 1. A national instant criminal background check shall be conducted and no person shall sell or transfer a firearm, rifle or shotgun at a gun show, except in accordance with the provisions of 18 U.S.C. 922(t), provided that before delivering a firearm, rifle or shotgun to any person, either (a) the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the seller or transferor, or (b) thirty calendar days shall have elapsed since the date the seller or transferor contacted NICS to initiate a national instant criminal background check and NICS has not notified the seller or transferor that the transfer of the firearm, rifle or shotgun to such person should be denied.

 

[Robin]

FUNY!

 

[nortatoga]

FUNY!

I see what you did there LOL!!!

 

[spat]

This law states at a gun show
897. Sale of a firearm, rifle or shotgun at a gun show. 1. A national instant criminal background check shall be conducted and no person shall sell or transfer a firearm, rifle or shotgun at a gun show, except in accordance with the provisions of 18 U.S.C. 922(t), provided that before delivering a firearm, rifle or shotgun to any person, either (a) the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the seller or transferor, or (b) thirty calendar days shall have elapsed since the date the seller or transferor contacted NICS to initiate a national instant criminal background check and NICS has not notified the seller or transferor that the transfer of the firearm, rifle or shotgun to such person should be denied.

Sorry, Section 898 has the version that pertains to FFLs at their place of business. It is virtually identical.

An FFL may not transfer a firearm in NY without either a proceed, or 33 day (at least) wait.

 

[byron]

Sorry, Section 898 has the version that pertains to FFLs at their place of business. It is virtually identical.

An FFL may not transfer a firearm in NY without either a proceed, or 33 day (at least) wait.

thats what I said in post #3 after the second check if delayed you can transfer mabey I'm taking this wrong but you said ( In NY they can't legally make the transfer without an explicit proceed.)
background check and NICS has not notified the dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

 

[spat]

thats what I said in post #3 after the second check if delayed you can transfer mabey I'm taking this wrong but you said ( In NY they can't legally make the transfer without an explicit proceed.)
background check and NICS has not notified the dealer that the transfer of the firearm, rifle or shotgun to such person should be denied.

Well, it takes 33+ days and 2 NICS checks before you can do a transfer without a proceed in NY.

Some of the posters were claiming that an FFL can just hand it over after 3 days if they want.

 

[byron]

Well, it takes 33+ days and 2 NICS checks before you can do a transfer without a proceed in NY.

Some of the posters were claiming that an FFL can just hand it over after 3 days if they want.

we are on the same page. you would need an explicit proceed. on the first check to get it within 30 days