Issue with Background check (NICS) not being returned

[Robin]

A gun my out of state son sent me has arrived. So I jump through all the hoops, filled out all the paper work filed with the county, paid the transfer fee, paid the county fee, and still, the Fed's haven't given the confirmation.The shop owner has no effing idea when they will get back to him, and claims he has ten guns on hold waiting for the Fed's to give the okay, hmmmmmmmmm makes me wonder, I mean he had the gun for three days and didn't call me, and is known to jerk people around. And of course the SAFE act makes it so the shop cannot release the gun after five days like every other state, he must wait for confirmation.
Anyone else going through this?
Robin

 

[spat]

A gun my out of state son sent me has arrived. So I jump through all the hoops, filled out all the paper work filed with the county, paid the transfer fee, paid the county fee, and still, the Fed's haven't given the confirmation.The shop owner has no effing idea when they will get back to him, and claims he has ten guns on hold waiting for the Fed's to give the okay, hmmmmmmmmm makes me wonder, I mean he had the gun for three days and didn't call me, and is known to jerk people around. And of course the SAFE act makes it so the shop cannot release the gun after five days like every other state, he must wait for confirmation.
Anyone else going through this?
Robin

If he didn’t get an answer from the feds in 3 days he never will.

They assume he proceeded (as per federal law) and you have the gun. They DGAF about the BS NY requirement.

You will most likely have to wait out the 30 days for the first federal approval to expire and run a new one.

 

[Robin]

No, he had the gun for three days and didn't call me, my phone number was with the gun. I stopped in because my son texted me that the tracker # said the gun was delivered four days ago.
Robin

 

[GOYABEAN]

He must be enjoying shooting it

 

[spat]

No, he had the gun for three days and didn't call me, my phone number was with the gun. I stopped in because my son texted me that the tracker # said the gun was delivered four days ago.
Robin

Ahh, yea, that's him just being bad at his job then.

I thought you meant he ran the NICS and you couldn't pick it up yet.

 

[Robin]

I can't! he claims the NICS isn't back yet. Listening to him phone it in, it sounded like it was all done when he hung up.
Robin

 

[dsdmmat]

I would stop by the shop and see if the check has gone through. Did he do it on computer or the phone. If he did it on the computer he can go check the status.

 

[spat]

I can't! he claims the NICS isn't back yet. Listening to him phone it in, it sounded like it was all done when he hung up.
Robin

NICS either comes back in the first 3 days or it never comes back.

 

[garyv350]

NICS either comes back in the first 3 days or it never comes back.

Not true. I've seen people delayed. The gun releases 3 days later. Then a week later the feds call saying it was a no-go.

 

[Robin]

He does all his NICS on the phone.

Not true. I've seen people delayed. The gun releases 3 days later. Then a week later the feds call saying it was a no-go.

Not in New York he didn't release the gun, at least since the SAFE act, which requires a NICS proceed before any release, one day, one year or ten years.
I did stop back an hour ago to ask about something else and they still had not responded.

 

[Edwardteach72]

He does all his NICS on the phone.

Not in New York he didn't release the gun, at least since the SAFE act, which requires a NICS proceed before any release, one day, one year or ten years.
I did stop back an hour ago to ask about something else and they still had not responded.

Thats not true.. its always been a 3 (business) day then process even in NY up until July 2019 when Cuomo made it a 30 day waiting period if there was a delay or no response

 

[dwa12479]

Sounds like you need a new FFL.

 

[BDinPutnam]

What gun are you not getting? Just curious, as always.

Sounds like your ffl may be a bit of a dick even if there are NY weird shit things going on.

 

[CaseHardened]

A gun my out of state son sent me has arrived. So I jump through all the hoops, filled out all the paper work filed with the county, paid the transfer fee, paid the county fee, and still, the Fed's haven't given the confirmation.The shop owner has no effing idea when they will get back to him, and claims he has ten guns on hold waiting for the Fed's to give the okay, hmmmmmmmmm makes me wonder, I mean he had the gun for three days and didn't call me, and is known to jerk people around. And of course the SAFE act makes it so the shop cannot release the gun after five days like every other state, he must wait for confirmation.
Anyone else going through this?
Robin

Not rubbing it in, but still, if you knew this FFL sucks, why did you go with him ?

 

[wizrd]

I had to wait 20 seconds for a NICS check at Runnings, in Rome yesterday.

 

[repete]

I had to wait 20 seconds for a NICS check at Runnings, in Rome yesterday.

OMG, how did you stand it?

 

[Acer-m14]

What gun are you not getting? Just curious, as always.

Sounds like your ffl may be a bit of a dick even if there are NY weird shit things going on.

me to ,,, its your son's gun .. i thought that was exempt from nics .. if pistol why not on your PP ..

BP gun ship to front door ..


i'm confused

 

[Robin]

I'm confused too Acer, It should be a private transaction between two people, no different than a bicycle or an automobile. We are being infringed.
I'm a patient man and, have no immediate need for this equipment and don't really mind waiting. What infuriates me is the process itself and why innocent people should be sublimated to it and subject to it.

I don't normally go there at all, it is five minutes from home, seems convenience is not always convenient.
Robin

 

[Grimscale]

What infuriates me is the process itself and why innocent people should be sublimated to it and subject to it.

Because the Powers That Be don't want you to have guns, and so put roadblocks on your Right to have it.
Until we tell these Tyrants to fuck off it will continue, and get worse.

Cumhole's edict that it has to wait 30 days is an obvious infringement designed to prevent people from exercising their Right. Especially as it contradicts Federal Law and process. But when the Courts rule it a-ok we have no say.

Kind of sounds like Tyranny to me.

 

[camper4lyfe]

I'm confused to Acer, It should be a private transaction between two people, no different than a bicycle or an automobile. We are being infringed.
I'm a patient man and, have no immediate need for this equipment and don't really mind waiting. What infuriates me is the process itself and why innocent people should be sublimated to it and subject to it.

I don't normally go there at all, it is five minutes from home, seems convenience is not always convenient.
Robin

If it's the shop in Avon, I'm not surprised. I've heard a lot of "those guys are dicks" stories, because they kind of can be. They're one of the few shops in the area, and they seem to take advantage of the fact.

Is the shop in Lakeville any better?

 

[Robin]

Funny you should mention that. I was at the range yesterday before all this started and was jaw boning with a guy, that gun shop was mentioned and he went off on a rant about never setting foot in there again, not the only one I have heard that from. Probably why they have so many guns in stock. I usually go to Genesee Valley Shooting Supplies in Caledonia, nice guy, usually has what I want. The one in Lakeville isn't open on a regular schedule, The old guy that ran it died and I think his son, that runs it now, has a full time job, so he opens when he has the time. He's a good guy but I never know when its open.
Robin

 

[Gonzobird]

NICS either comes back in the first 3 days or it never comes back.

Simply note true. I have seen them come back as much a 10 days later.

me to ,,, its your son's gun .. i thought that was exempt from nics .. if pistol why not on your PP ..

BP gun ship to front door ..


i'm confused

Because it came from out of state. Doesn't matter who it belonged to you need to take a NICs check for a transfer. It is not the same if your Dad, Mother, Wife, Son or Daughter was to give you the gun who lived IN the state with you. If his son lived in the state they could have just gone down to the clerk's office and put it on his permit.

And to this FFL saying he has ten guns that he hasn't gotten an answer back on that just doesn't add up. He has to be doing something wrong then or he is being sneaky with something. Even if he did it on the phone he can still go to the NICs portal and look at the responese back from NIC that he is waiting on.

 

[spat]

Simply note true. I have seen them come back as much a 10 days later.



Because it came from out of state. Doesn't matter who it belonged to you need to take a NICs check for a transfer. It is not the same if your Dad, Mother, Wife, Son or Daughter was to give you the gun who lived IN the state with you. If his son lived in the state they could have just gone down to the clerk's office and put it on his permit.

And to this FFL saying he has ten guns that he hasn't gotten an answer back on that just doesn't add up. He has to be doing something wrong then or he is being sneaky with something. Even if he did it on the phone he can still go to the NICs portal and look at the responese back from NIC that he is waiting on.

This is news to me, but it appears you are correct.

Must be a recent reaction to states like NY that don't just automatically allow a proceed after 3 days.

https://www.atf.gov/file/61086/download

“Open” means those non-canceled transactions where the FFL has not been notified
of the final determination. In cases of “open” responses, the NICS continues researching
potentially prohibiting records regarding the transferee and, if definitive information is
obtained, communicates to the FFL the final determination that the check resulted in a
proceed or a deny. An “open” response does not prohibit an FFL from transferring a
firearm after three business days have elapsed since the FFL provided to the system the
identifying information about the prospective transferee."

 

[Robin]

Thats' federal, not state. The store owner told me that NY SAFE ACT says he cannot let the gun go till purchaser has been NICS approved. Me(?) I don't know, I'm just passing on what I was told, a practice I rarely do, but I'm not going to bring up that filthy law and spend the afternoon pawing through it.
FUAC!
Robin

 

[Gonzobird]

The FBI NICs doesn't really care what NYS says. The check is about specifically the Feds saying you can or can't have the gun. They don't care about the state laws. They care about the questions on the 4473 being answered truthfully. If a check goes to open in reality that means that they are making phone calls and checking arrest and court records.

I know what Open, Delayed, Denied and Proceed means. I do checks every week at this point.

 

[camper4lyfe]

Thats' federal, not state. The store owner told me that NY SAFE ACT says he cannot let the gun go till purchaser has been NICS approved. Me(?) I don't know, I'm just passing on what I was told, a practice I rarely do, but I'm not going to bring up that filthy law and spend the afternoon pawing through it.
FUAC!
Robin

SAFE act doesn't dictate that. The new 30 day wait period is new as of last year. Before last year, it was 3 days and if no deny, it's an automatic proceed.

 

[Robin]

Yes Gonzo, I understand that. The state apparently added another layer of bullshit, like they do on so many things.
Robin

 

[Edwardteach72]

Yes Gonzo, I understand that. The state apparently added another layer of bullshit, like they do on so many things.
Robin

It has nothing to do with the safe act. It was a new law that Cuomo signed July 2019

 

[PA Guns & Ammo]

Pennsylvania is a little different. The PA State Police handle the background checks. So if a customer goes into research (delay), the state police have 15 days to get back with me with an approval, denial or an undetermined. I cannot transfer the firearm unless I get an approval number from the state police. When this Covid panic began, it took me literally days to get an operator on the phone.

 

[Darth]

What's a county fee?