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They can legally transfer after no response from NICS in 3 days. But some shops won't. They wait for a proceed. I recently waited 33 days. 30 days for the instant check with my CPL number on form 4473. And after no response, cancelled original BG check and resubmitted to local Sheriff without CPL number on a new form 4473. Form submitted on Saturday, picked up gun on Monday. Proves that NICS doesn't always work the way it should and that having a CPL doesn't guarantee anything until a proceed is granted.
Like I said before,I'd get my money back and shop at a store that knows the laws.