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NICS checks

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Today is day 16 for me. I called the dealer and he said if we haven't called you it's not back. I asked if he thought it could be lost and he admitted it was a possibility. I asked him at what point he would resubmit and he told me at least 30 days!!! That would take me past the expiration date on the permit!!

'

 

Mind letting us know which FFL this is?

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When I get the calls for approvals, they are all from the same day of my submissions. If one is missing, I question it and give them one day to find it. If they can not, I resubmit it that day.

 

ETA: Again, the longest I have yet to wait has been SEVEN days. (not counting the lost ones)

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When I get the calls for approvals, they are all from the same day of my submissions. If one is missing, I question it and give them one day to find it. If they can not, I resubmit it that day.

 

ETA: Again, the longest I have yet to wait has been SEVEN days. (not counting the lost ones)

 

^Another reason why I like dealing with Paul.

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Can anyone point to any statute in 2c that even authorizes the state to perform NICs background check? There is law that says they can't add any requirements other than those listed and the federal law provides for waiving the NICs check if the state already has a permit/background check in place. No one has ever been able to point out the NJ law that gives the state the authority to perform these checks or show where there are penalties for not performing them.

 

Its not in 2C because its part of the Brady Law.

 

27 CFR Parts 178 and 179

 

[T.D. ATF–415; Ref: Notice No. 857; 93F–

057P]

 

RIN 1512–AB67

 

Implementation of Public Law 103–159,

Relating to the Permanent Provisions

of the Brady Handgun Violence

Prevention Act

 

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

 

ACTION: Final rule, Treasury decision.

 

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is

amending the regulations to implement

the provisions of Public Law 103–159,

relating to the permanent provisions of

the Brady Handgun Violence Prevention

Act. These regulations implement the

law by requiring, with some exceptions,

a licensed firearms importer,

manufacturer, or dealer to contact the

national instant criminal background

check system (NICS) before transferring

any firearm to an unlicensed individual.

NICS will advise the licensee whether

the system contains any information

that the prospective purchaser is

prohibited by law from possessing or

receiving a firearm.

 

DATES: This rule is effective November 30, 1998.

 

"Furthermore, the law provides

that the system may take up to three

business days to notify the licensee

whether receipt of a firearm by the

prospective purchaser would be in

violation of law."

 

Section 922(t) generally makes it

unlawful for any licensed firearms

importer, manufacturer, or dealer to sell,

deliver, or transfer a firearm to an

unlicensed individual (transferee),

unless—

1. Before the completion of the

transfer, the licensee contacts the

national instant background check

system;

2. The system provides the licensee

with a unique identification number

signifying that transfer of the firearm

would not be in violation of law OR 3

business days (meaning a day on which

State offices are open) have elapsed

from the date the licensee contacted the

system and the system has not notified

the licensee that receipt of the firearm

by the transferee would be in violation

of law; and

3. The licensee verifies the identity of

the transferee by examining a valid

identification document containing a

photograph of the transferee.

 

So my question is why aren't FFL's following this allowance and releasing the firearms after 3 business days of waiting and not receiving a response from NICS? It's as simple as matching a DL with an FID and a big FU to those that are intentionally delaying the response.

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Today is day 16 for me. I called the dealer and he said if we haven't called you it's not back. I asked if he thought it could be lost and he admitted it was a possibility. I asked him at what point he would resubmit and he told me at least 30 days!!! That would take me past the expiration date on the permit!!

who's the dealer?

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I'd rather not say who the dealer is right now. I'm going to give it one more day and pay an in store visit tomorrow morning. I will say it's a mom and pop place and I know they are stretched out in terms of help over the last few months. I'm trying to be patient given our history together (I'm a long time customer) but I feel like 16 days, now 17 today, is something they should follow up on. I did mention that the forums are talking about up to 8 day waits and mine is now double. I'll give it to the end of today and go in to the store tomorrow and have a talk with him. I feel it may be unfair to him given the known problems with NJ-NICS. If I get nowhere tomorrow, I'll let everyone know who the dealer is, and what his response was.

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So my question is why aren't FFL's following this allowance and releasing the firearms after 3 business days of waiting and not receiving a response from NICS? It's as simple as matching a DL with an FID and a big FU to those that are intentionally delaying the response.

 

They are just doing it to cover their a$$

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8 days and counting....time to check my permits and make sure that they will still be valid a month from now for the other gun I have on layaway....tell me-if the good Lord can create the entire universe in 7 days, NJNICS can't check my background in 8??

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have to echo the sentiments expressed above. At a certain point the "not my problem-don't call us" response of an LGS after more than a week or so of waiting by the customer is simply not adequate. I understand that the delay is caused by an overwhelmed and obviously incompetent third party provider, but the "too bad -so sad" attitude of a few of our LGS is not reflecting well on them, either. If there is an LGS who has tried to contact state officials to make them aware of this cluster-f##k-let your loyal customers know. You will have our gratitude and perhaps our business.

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So what is the NJ Retail Firearms Dealers Association doing to fight this problem? I see more and more posts everyday of people taking their purchases out of state. This problem directly affects the NJ Dealers the most as they loose customers everyday that this BS continues. I really hope to learn that there is a major fight from this association right now and not complacency on their part because of the major flood of cash that has come their way in the last 3 months. I hope that they are not failing to notice the amount of lost business accross the rivers due to the increase in volume alone that may hide a real problem that may become evident over time. Their customers are building new relationships elsewhere everyday and I might be joining them very soon. Enough is enough.

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Excellent point. I too used to be an independent voter who could swing either way depending on who I thought was a better candidate. But after the events of the last few months, I will NEVER vote for another democrat as long as I live unless they come out as being explicitly pro-gun (fat chance I know). I disagree with ALOT of Republican policies but I am willing to put my differences aside. It's become apparent to me that the Democratic Party are a bunch of tyrannical thugs who think nothing of violating our civil rights to further their agenda. I bet there are ALOT of former independents/moderates across the country such as myself and wooly bugger who are going to be swinging to the right because of recent events. I predict an ass kicking being dished out to the democrats in the midterm elections, like what happened to the Clinton-era dems after they passed the original AWB.

+1. Amen!

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So what is the NJ Retail Firearms Dealers Association doing to fight this problem? I see more and more posts everyday of people taking their purchases out of state. This problem directly affects the NJ Dealers the most as they loose customers everyday that this BS continues. I really hope to learn that there is a major fight from this association right now and not complacency on their part because of the major flood of cash that has come their way in the last 3 months. I hope that they are not failing to notice the amount of lost business accross the rivers due to the increase in volume alone that may hide a real problem that may become evident over time. Their customers are building new relationships elsewhere everyday and I might be joining them very soon. Enough is enough.

 

 

I want to buy a gun locally, however after doing some research I see I can get a much better deal by driving 30 minutes north or an hour west out of state. I can also pay for the gun and take it home same day. Also, the people that I spoke with at those shops seemed much friendlier that what I get here in NJ.

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I want to buy a gun locally, however after doing some research I see I can get a much better deal by driving 30 minutes north or an hour west out of state. I can also pay for the gun and take it home same day. Also, the people that I spoke with at those shops seemed much friendlier that what I get here in NJ.

if your shop isnt friendly then you are in the wrong place

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Today ends day 19 for me. I went into my FFL's shop and he has faxed my paperwork 3 times (he showed me the fax receipts), incurring 3 charges. So while I'm very frustrated that it is day 19, I know my dealer is doing everything in his power to try and get the paperwork done. I can't get mad at him, as I'm sure many customers do. If he puts in the effort and incur extra cost to try and get paperwork moving and customers happy, then I'm grateful to him for putting out the effort.

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