Posted on May 1, 2019
ATF Audits Reveal 1-in-4 NH Gun Line Background Checks Are Wrong
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Posted >1 y ago
Responses: 4
What a fiasco. Sounds like government. Let's expand a screwed up program
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Not only that, but.....
“A NICS Delay
A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the National Instant Criminal Background Check System (NICS) Contracted Call Center to the FBI Criminal Justice Information Services Division’s NICS Section for a transaction resulting in a delay:
“—NTN— is delayed while the NICS continues its research. If you do not receive a response from us, the Brady Law does not prohibit you from transferring the firearm on ___ day/date ___.”
The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures):”
“A NICS Delay
A Federal Firearms Licensee (FFL) will receive the following instructions when a call is transferred from the National Instant Criminal Background Check System (NICS) Contracted Call Center to the FBI Criminal Justice Information Services Division’s NICS Section for a transaction resulting in a delay:
“—NTN— is delayed while the NICS continues its research. If you do not receive a response from us, the Brady Law does not prohibit you from transferring the firearm on ___ day/date ___.”
The following table specifies the day after a delay response on which a firearm may be lawfully transferred under federal law if a final determination has not been received from the NICS (assuming there are no intervening state holidays or closures):”
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SPC Casey Ashfield
That is pretty standard. When the Brady bill was passed, there would be some backlash if the NCIS would return a NO by mistake. So NCIS can either PROCEED, DENY, or DELAY. While Brady law does not forbid a transfer on a DELAY, many chain gun stores will not put themselves at risk by selling a firearm on a DELAY NCIS call. Places like Academy will only transfer a firearm if the check is completed fully. Still perfectly legal as federal law allows gun stores to deny transactions based off store or individual policy.
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