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SilverStallion
Houston Astros Fan
Member since Aug 2017
1999 posts

Buying a gun- pending approval?
Went to Academy the other day to buy a pistol and guy came back and said my purchase was pending approval and could take anywhere from 5-30 days.

Anyone ever dealt with this? Clean record fwiw...


LongueCarabine
LSU Fan
Pointe Aux Pins, LA
Member since Jan 2011
4811 posts

re: Buying a gun- pending approval?
I think they have up to 3 days to deny. If not denied by then, you can pick it up.


SilverStallion
Houston Astros Fan
Member since Aug 2017
1999 posts

re: Buying a gun- pending approval?
Sure that’s right? Guy said he would call me after they got an answer.


crawfishcharlie
LSU Fan
Crawfishtown, USA
Member since Dec 2003
4642 posts

re: Buying a gun- pending approval?
You need to call and ask...

sometimes the callback gets lost in the shuffle.

It takes a few minutes for them to pull up the info.
This post was edited on 1/21 at 9:28 pm


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LongueCarabine
LSU Fan
Pointe Aux Pins, LA
Member since Jan 2011
4811 posts

re: Buying a gun- pending approval?
quote:

Sure that’s right? Guy said he would call me after they got an answer.


This is from the NRA-ILA site.

NRA-ILA re NCIS

How does NICS actually work?

Once a dealer and buyer are prepared to conclude a transfer, a retailer who does NICS checks by contacting the FBI system directly by phone will do the following:
1) Call a NICS operator by toll-free number and confirm his identity with his FFL number and dealer-selected password.
2) Provide the operator with the name, date-of-birth, sex and race of the potential buyer and the type of transfer--handgun or long gun. A buyer with a common name may, at his option, provide his Social Security number to help speed the check.
3) The system will check the data against its database of prohibited persons. If there is no "hit," the sale will be approved. The system will assign a NICS Transaction Number (NTN) to the approval. The dealer will log the NTN on the form 4473, and the transfer will proceed.
4) Partially completed forms 4473, where a proposed sale has been denied, will be required to be retained by the FFL per BATF regulations.
5) When a "hit" occurs, the dealer will receive instruction to delay the transaction. A "delay" response indicates that the check turned up information that requires further review by an analyst, who will contact the dealer by return call "within a couple of hours," the FBI says.
While the law provides three business days for the FBI to respond, the FBI anticipates that virtually every delay will be handled within a day.
If records require further investigation, the FBI may take up to three days to issue either a proceed or a denial. There will be an appeals process for purchasers who feel they were denied in error, and dealers will be furnished with forms for this process.
This post was edited on 1/21 at 9:39 pm


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wickowick
LSU Fan
Head of Island
Member since Dec 2006
37626 posts

re: Buying a gun- pending approval?
After so many days, stores can choose to proceed if they have not received a denial. My understanding is that Academy is not one of those stores. If they don't get a proceed, they won't sell and you could end up having to move on to another store. The time for ATF to return an approval or denial is only a couple of days...


SilverStallion
Houston Astros Fan
Member since Aug 2017
1999 posts

re: Buying a gun- pending approval?
Ok will wait till Tuesday latest then...
Bought gun Friday night


Goats and Joes
LSU Fan
Baton Rouge
Member since Dec 2014
245 posts

re: Buying a gun- pending approval?
Being delayed is a common occurrence. Could be because of a similar name as someone with a record or any number of reasons. Do some reading about the Brady transfer law


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10
golftigers
LSU Fan
Mandeville
Member since Nov 2003
2512 posts

re: Buying a gun- pending approval?
quote:

After so many days, stores can choose to proceed if they have not received a denial. My understanding is that Academy is not one of those stores. If they don't get a proceed, they won't sell and you could end up having to move on to another store.


I had this experience at Academy. Checked with the store every couple days. After 30 days they said I would have to start the process over. When I asked what the deal was the guy confirmed the above. They will not sell until they get the approval. He suggested I go to another store like Cabela's, etc. I ended up buying from Jim's in BR. This was 4 years ago


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30
Carson123987
Texas Fan
Middle Court at the Rec
Member since Jul 2011
58402 posts

re: Buying a gun- pending approval?
you're fricked.

with regular NICS delays, you can pick it up from the shop after 3 business days, assuming ATF doesn't call the store and approve/deny you sooner.

with Academy, they have to get a call saying you're approved before they will transfer it to you. very good chance that they will not get a call in the 30 day period and you will have to start over.

get your money back and shop elsewhere. one of the dumbest policies on earth


wrongRob
LSU Fan
Tampa FL
Member since Oct 2017
233 posts

re: Buying a gun- pending approval?
Get your Concealed Carry Permit!
Walk in, walk out like a champ!


Rando
USA Fan
When IPs were Visible
Member since Apr 2015
12229 posts
 Online 

re: Buying a gun- pending approval?
quote:

I think they have up to 3 days to deny. If not denied by then, you can pick it up.



Academy won't release without an actual approval. Shitty store policy.

Go somewhere else


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Rando
USA Fan
When IPs were Visible
Member since Apr 2015
12229 posts
 Online 

re: Buying a gun- pending approval?
quote:

Ok will wait till Tuesday latest then...
Bought gun Friday night



Also, never pay for a gun at academy until the approval is there.

I always make it clear that if I am delayed, they can wait. My money won't.


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Chad504boy
Longwood Fan
Member since Feb 2005
125394 posts
 Online 

re: Buying a gun- pending approval?
quote:

Get your Concealed Carry Permit!
Walk in, walk out like a champ!




i'm curious as to this, i know people who always have to wait the 3 days, not sure if its to do with a common last name or what. In any case, if that person got a cc permit, they would no longer have that wait?


Carson123987
Texas Fan
Middle Court at the Rec
Member since Jul 2011
58402 posts

re: Buying a gun- pending approval?
correct, no NICS check is run if you have a CC issued after March 2015


Chad504boy
Longwood Fan
Member since Feb 2005
125394 posts
 Online 

re: Buying a gun- pending approval?
quote:

correct, no NICS check is run if you have a CC issued after March 2015




that's a good nugget there.


ElectricWizard0
LSU Fan
Member since Jul 2017
664 posts
 Online 

re: Buying a gun- pending approval?
As others have stated, the hold is a delay on the background check from NICS. Academy won't sell the gun until they get a "proceed" notification on your background check from NICS, even though the law states that after three days it can be transferred. That's just their store policy. Usually takes about 3-5 business days but it can take up to 30 for NICS to give a response.


ctowntiger
LSU Fan
Centreville, MS
Member since Jul 2005
549 posts

re: Buying a gun- pending approval?
quote:

i'm curious as to this, i know people who always have to wait the 3 days, not sure if its to do with a common last name or what


Yep. Another biggie is people with the same name ie. if you are a Jr. Especially if they have committed some sort of crime. Back when I worked at a pawn shop I dealt with NICS a lot. I had one guy tell me he would delay people simply if he was really busy. Then if you get delayed once, typically you get delayed every time.

This post was edited on 1/22 at 12:12 pm


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Propagandalf
LSU Fan
Baton Rouge
Member since May 2010
2460 posts

re: Buying a gun- pending approval?
quote:

As others have stated, the hold is a delay on the background check from NICS. Academy won't sell the gun until they get a "proceed" notification on your background check from NICS, even though the law states that after three days it can be transferred. That's just their store policy. Usually takes about 3-5 business days but it can take up to 30 for NICS to give a response.



It's not really "three days" since there are a lot of days that do not count. The NICS can also come back with a resolution after the 30 days. It my experience it seems the "further review" last indefintely. I have received responses from NICS on background checks that were over 8 months old. The reason why Academy says up to 30 days is because that is when the background check form you filled out expires and a gun can no longer be transferred using that form so a new one is required. I'd probbaly guess somewhere around 50% of delays receive final responses while the remaining 50% stay in what is known as an "open" status. There are a lot of rumors of why people get delayed from TWIC cards to secret clearence etc. The NICS database is not a collection of everyone, it is a database of potentially prohibited people. So, a delay or denial means that you matched up closely or exactly with a potentially prohibited person (whether it is actually you or not). My speculation is that most delays that never get a response are due to missing dispositions which the FBI has to request from the responsible clerk of court. These often go unfilled due to lack of staffing at the clerks office or non exsistence of dispositions because the charges were dropped, deferred, lack of reporting from one agency to another, etc. This is what people are referring to when they talk about the deficiency of the NICS system and it's lack of information. Anyway, that is pure speculation on my part. If you ever want to know for sure why you always get delayed the only way to know the real answer is to file a NICS appeal. You will need the NICS Transaction Number (known as the NTN) from your background check, which you can obtain from the FFL who ran it. Once you have obtained that you can start here to file the appeal: NICS Appeal. This will not always get rid of the delay, but it will likely satisfy your curiosity. As previously mentioned, the best thing a person who always gets delayed can do, your state laws may vary, is get a concealled carry permit. This will allow you to get the gun the same day, state laws may vary. No more worrying about if you will get a delay or if the NICS system is down, which is not uncommon. Back to the 3 days thing, here is when a gun can be, but the FFL is not obligated to, transfer a firearm without hearing back from NICS:

Barring any holidays during the week:
Delayed response on --> Can legally be transferred

Monday --> Friday
Tuesday --> Saturday
Wednesday --> Tuesday
Thursday --> Wednesday
Friday --> Thursday
Saturday --> Thursday
Sunday --> Thursday


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10
EA6B
Navy Fan
TX
Member since Dec 2012
7694 posts

re: Buying a gun- pending approval?
Most people do not understand that when you "pass" the NCIS background check it simply means that the system returned nothing/zero for your name or SSN, you do not exist at all in any of the databases checked. If it returns a record for your name there is delay while they figure out if the record returned is actually for you, or someone with the same name.


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