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Doesn't the law say that if you don't have an answer in 72 hours they have to release the gun to you? I know the system has had "problems" due to the rulers attempting to slow down the system, but I thought the law read that way.
 
Were you "Delayed"? Some little red flag popped up, from many years ago in your BGC? Now they need to dig deeper to make sure you OK? It happened to Wifey like that.
 
Doesn't the law say that if you don't have an answer in 72 hours they have to release the gun to you? I know the system has had "problems" due to the rulers attempting to slow down the system, but I thought the law read that way.

Yes and No. If the buyer doesn't receive notification of approval in 72 hours, the FFL is authorized to release the firearm with no future penalty. Its up to the FFl or state law, tell him to give you your firearm after 72 hours or your money.

The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark "No resolution was provided within three business days" on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.
 
Doesn't the law say that if you don't have an answer in 72 hours they have to release the gun to you? I know the system has had "problems" due to the rulers attempting to slow down the system, but I thought the law read that way.

I did check on that. The problem is the law uses the term "hand gun" not firearm....
 
Yes and No. If the buyer doesn't receive notification of approval in 72 hours, the FFL is authorized to release the firearm with no future penalty. Its up to the FFl or state law, tell him to give you your firearm after 72 hours or your money.

The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark "No resolution was provided within three business days" on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.


Yeah, I knew it was something like that....Still drinking my coffee and trying to wake up.

And Tbags, not looking for details, but if those skeletons have any violence, then you may have indeed been delayed and that would be different.
 
Yeah, I would say if they just told you that you would have to wait a month before the BGC would come back, go back in the 3 business days and tell them you would like your rifle now, or any money back.
 
Curious to know how this turns out for you. With Wifey it was a "Delay", not an "OK" and not a "Denial". It was thirty days to the day the shop called and said to come and get the gun, since then no probs. That was her first gun.
 
Okay, who told you had to wait and why? Maybe I missed it when I skimmed/read the thread. Was it the gun shop telling you that, or the OSP firearms unit? If you get delayed, they are required to tell you why, but most gun shops just here "delayed" and hang up the phone. It is in your best interest to get a reason why.

FWIW, I got an AR in the heart of the panic, it took about 90 seconds to get my background check back done online.
 
I love how we always get these stories with about 1/3 of the info in the first post. Then we get maybe another 1/3 spread through out the thread as people directly question the OP. Once in a great while we get all the story. But usually only if the OP ends up getting the firearm.


Personally I think the longest I have stood around waiting for a BGC to clear is 20 min. And most of that time was just waiting for my turn to come up.

Did one in WA state for a shotgun I was purchasing and the whole thing took like 3-4 min on line for the FFL.

Last ones I did in Oregon took just minutes to clear.
 

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