NICS SUCKS!

[4WHLDRFTN]

NY says no proceed, no transfer, ever.

EXACTAMUNDO

 

[byron]

EXACTAMUNDO

you can precede after the 30 days without a precede spat said it best "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."

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.

 

[4WHLDRFTN]

you can precede after the 30 days without a precede spat said it best "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."

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.

No

 

[Joey43]

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.

Right ... the FFL can rightfully make the transfer if your NICS backround check remains in delay or open status for 30 days. On day 31 if that status does not say denied and still remains delay or open that's not a denial therefore the sale can be made, however the seller or FFL doesn't have to sell you the firearm by law there is no such thing but under his discretion can do the transfer legally. Some FFLS will do it others won't. I believe people here are misinterpreting what is actually happening. Bottom line the sale can be made. They can't keep you from not purchasing a firearm when I have a permit and have firearms. If it was something in the backround which I know there isn't I would never had been issued a CCL and purchased firearms in the past.

 

[Joey43]

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.

He told me he would make the transfer after my second check went the alloted 30 days if it doesn't come back denied and it didn't but he backed out of making the sale. He doesn't know the laws dude. And what's fucked is I purchased from him in the past.

 

[Joey43]

EXACTAMUNDO

Wanna bet. It's called litigation. Infringing on my second amendment rights. I don't care if it's New York or Hawaii I will pursue it. I'll keep ya posted.

 

[Parzival]

I was getting gas the other day and watched a multiple gun sale happen in the gas station parking lot.

 

[spat]

Right ... the FFL can rightfully make the transfer if your NICS backround check remains in delay or open status for 30 days. On day 31 if that status does not say denied and still remains delay or open that's not a denial therefore the sale can be made, however the seller or FFL doesn't have to sell you the firearm by law there is no such thing but under his discretion can do the transfer legally. Some FFLS will do it others won't. I believe people here are misinterpreting what is actually happening. Bottom line the sale can be made. They can't keep you from not purchasing a firearm when I have a permit and have firearms. If it was something in the backround which I know there isn't I would never had been issued a CCL and purchased firearms in the past.

No, the NICS expires after 30 days and a new one must be done.

That's why the 33 days.

You run your initial NICS and get a delay.

3 days later the delay turns into an open, and the feds say "Since we haven't said no, you can go ahead".

NY says "hold on there partner, you have to wait 30 days if you don't get an explicit proceed from the feds".

The feds say "you can't run another NICS, the existing one is still good, and we're not going to give a proceed, because we just stop looking after 3 days".

Then the NY 30 days is up, and NY says "go ahead", but the feds say "hold on there, that NICS was only good for 30 days, if you didn't pick it up in the 27 days it was open, you need to run a new one".

So, you run a second NICS and get a delay again.

After 3 days, the feds say "OK, you can go ahead since we never said no" and the original 30 days you waited for NY has also expired, so you can finally take possession.

That's the soonest an FFL can legally transfer it to you without an explicit go ahead from NICS.

 

[4WHLDRFTN]

after 30days NYS says denied, a second NICs starts the process all over ..