Howdy,

Fours days ago, I bought a 1979 Winchester 23 20ga from a local shop and got word back there was a NICS delay. I've bought many C&R guns before but nothing that require a NICS check for the last 3 years. I never experienced a delay before but heard they are getting common. I was told the NICS delay be indefinite. Is this something new (delays) and any suggestions on how to handle this frustration? What in the world causes a delay?

Thanks
Erin

"Hope and Change"

You you have been buying C & R guns without a NICS check and you do not have a C & R license, that person who has been selling you these, and has an "FFL" is not doing things legally.

There is a remedy for handling this problem on delays, you can call me direct at 281-870-8377 and I will tell you what to do.


Regards,

John Boyd
Quality Arms, Houston, TX

Whoa Nellie,

So if I buy a pre-1898 gun (C&R statute) from a pawn shop or from a gun show or from a individual I needed a NICS check to make it legal?

I tried to call Mr. Boyd but no answer

You have your terms confused,
pre 1898 is NOT a C&R. A C&R is anygun over 50 years old or one on the C&R list.For an unlicensed individual you must fill out a 4473 and go though the NCIS check,for those with a 03 FFL (C&R) you don't,we just enter them in the bound book.
Pre 1898 is a antique and you do not need a 4473 or a NICS check.

your delay is probably due to the NICS system being overwhelmed from working with the cenus bureau in checking the ACORN opps, I mean census employees.

http://thetruthaboutguns.com/tag/national-instant-criminal-background-check-system-nics/

C&R is a gun. Pre 1898 is not a gun, with exceptions. One exception is that a pre 1898 shotgun with less than 18" barrels is a controlled weapon.

Thanks for the info eightbore and Dave K.

I forgot that C&R is <50 and all pre-98 guns are not weapons.

However I wonder if all my roosters, grouse and greenheads buddies who had a close encounter of the third kind with my pre 98 London hammerguns and SLE's might agree.

Buying a 16 bore hammer gun, a few weeks ago, the delay was over 4 hours...on a weekday............

It is my understanding that a Nics check cannot be delayed " Indefinitely". This provision was put in to prevent the NICS System from being used as a restraint to lawful purchases. ATF Form 4473 ( rev AUG 2008) seems to confirm this.
vis Q 21c offers 4 options from NICS to the initial INquiry
Proceed - Denied-Cancelled or Delayed.
Q21d reads If Nics or state response was delayed the following response was received from NICS/State
Proceed-denied-cancelled or No resolution was provided within 3 business days.
Q21e ( Complete if applicable) After the firearm was transferred, the following response was received from Nics/State on: date Proceed - denied- Cancelled
In other words if NICS cant respond in 3 business days you are free to pick the gun up( if 3 days is permitted in the state where you live) and you are not otherwise legally disqualified

I see nothing from Gitano that indicates he DOES NOT have an 03 licence. The fact that he has purchased guns as C&R indicates he has one. ??????

jack

Have a friend who says he always gets DELAY, then always goes back three days later to pick up the gun. Never any resolution from NICS.

Gitano, your post indicating "all pre 1898 are non guns" is not correct. A shotgun, built pre 1898, with barrels less than 18" in length, is a controlled weapon. It is an exception that all of us are not aware of, and we had better be careful of that important exception. Steve, delayed NCIC applications today are turned over to supervisors for closer scrutiny. I am one of those applicants. "Further Scrutiny" usually takes about five minutes.

If you would all move to CA, the NICS delay would become a non-issue. That's because we have 10-day wait on everything. Gotta look at the bright side!

not only are pre 98(acutally pre 99)guns subject to the under 18 barrel, but all nfa regs(with a few exceptions). The pre98 shotgun must be over 26"overall as well and pre 98 machineguns fall under nfa act as well. People who cant legally own firearms cannot own pre 98 either...

I'd like a little clarification... If a shotgun was made prior to say 1893 it would be considered a blackpowder shotgun due to the fact that smokless powders weren't invented yet. Blackpowder guns are not subject to the same rules as modern firearms so how is it that an 1893 shotgun with 16" barrels would be considered in violation of NFA rules? You can own a smoothbore black powder pistol with 8" barrel - what's the difference? Is it only muzzleloader vs. breechloader? How can on one hand anything made prior to 1899 be considered an antique and not a gun, yet on the other hand be subject to the national FIREARMS act. Like most things the government is involved with.... very confusing.

I was confused about the 18" rule also. However, it is in print, one of the few exceptions to "Pre 1899 is not a gun."

Let me throw another question into the mix. Here in Georgia all I need to do is show my concealed carry license to the FFL holder and fill out the form to take possession of any legal firearm he has received for me. It is understood that if I have passed investigation and been issued a CCL I would also pass the clearances to purchase a gun. Is this the situation in other states that issue concealed carry licenses? Also, if I wanted to buy a gun over the counter in another state, will that state honor my CCL and not make the call to BATF?

Re Stan's Question out of State Purchase. The transferring FFL must abide by both states laws. Example Long gun Sales over the counter here in Wisconsin. Wis resident upon approval Leaves with the gun , Illinois resident must return Minimum 24 hours later to collect,CA resident must wait 10 days etc. If you from GA came in the shop your CCW would satisfy GA Law, full NICS Check would be required for WIS Law. Quite Frankly it's easier for me to mail it to yr FFL in wherever than try to remain up to date on all 50 states laws. I know this as it was my only error at last ATF audit!!!

Thanks, Hugh. I seem to recall something about neighboring states honoring one anothers' CCL.

I can't wait to hear the answer to that one. Is that why DC isn't a state yet? Are California and Nevada still contiguous?

Finally, after 7 days I was notified I can pickup the Model 23. Never a reason for delay