When you buy a firearm from a gun store, a NICS (National Instant Criminal Background Check System) check is done. Checks are usually determined within minutes of initiation, but occasionally a check might result in a delay while examiners spend more time researching the check. A proceed will probably come after a few days, but if it doesn’t, the law allows for it to be picked up after three business days. But if a customer buys a gun on a Friday, that might not be until Thursday of the following week.
What are NICS business days? A business day is any 24-hour period beginning at 12:01 a.m. the day after the check was initiated, in which state offices are open. A business day does not include Saturday, Sunday or state Holidays. The table below advises when the firearm can be transferred (since we’re closed Sundays and Mondays, we leave that off the chart):
DAY OF CHECK -> STANDARD DAY OF PICKUP
Tuesday -> Saturday
Wednesday -> Tuesday
Thursday -> Wednesday
Friday -> Thursday
Saturday -> Thursday
If you get a delay, and we get a determination before the standard day of pickup, we’ll give you a call to come take it home!
When an individual is denied the transfer of a firearm, they may initiate an appeal by accessing http://www.fbi.gov/nics-appeals. Individuals that do not have internet access may appeal the decision in writing directly to:
Federal Bureau of Investigation
Appeal Services Unit
PO Box 4278
Clarksburg, WV 26302-9922
Appeals submitted in writing must include the NICS Transaction Number (NTN) and a valid address for the appellant.
You may obtain an Appeal Brochure online at: http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng
May I lawfully ship a firearm directly to an out-of-State licensee (FFL holder), or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?
Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns are not mailable through the United States Postal Service and must be shipped via common or contract carrier.(18 U.S.C. §§ 1715). Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient’s State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received. 18 U.S.C. § 922(a)(2)(A).
Welcome to our new blog. We will occasionally try to put useful information to help you and to point new and old customers to.
Q&A: May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).