NICS checks

[Nikos 31]

Anyone put a nics in around the 3rd? im waiting and just wondering around what day they are now processing. I see 10/14 days.

 

4/2 -- no joy yet.

 

Edit:

4/13 - joy

Update: FFL contacted me after making this post and I just received my 9mm STi Spartan

Edited April 13, 2013 by Nikos

[TK421 2]

So since NJ has elected to be a "point of contact" state and is obviously falling down on the job, would we have any recourse in Federal court against the state to basically take the process away from the state and give the FFLs the option of using the Federal NICs system directly? Obviously the federally run NICs system is experiencing just as much of an increase in volume (at least as a percentage) and they can still perform their duties in a reasonable period of time. I think this exposes a flaw in NJ's system that is patently unacceptable. If they don't feel the need to correct the problem they should be slapped like the insolent children they are.

[222 3]

It does look like NJ is on some sort of misguided attempt to build a parallel NICS background check system.

" including a new electronic system for instant background checks that will be a national model for gun safety....The centerpiece of the plan is legislation sponsored by Senate President Sweeney that will create an electronic system for instant background checks for the purchase of firearms including a photo ID for purchases." (1)

 

NJ submits 17 of 74,000 mental health records to NICS, possibly the worse performer of the entire nation. (2) A3717/S2492 is suppose to fill that gap, but I don't see that in Senate press release.

 

Schumer bill will cause NJ to lose money due to non-compliance. It is his "carrot and stick" approach, Title 1, SubTitle A, Section 112.

 

(1) http://www.njsendems.com/release.asp?rid=4904

(2) http://www.demandaction.org/fatalgaps

[awynne56 0]

I put one on the 2. Just got it today. 11 days.

[msokad 3]

If 11 days is the magic number, tomorrow should be the day for me.

[TR20 47]

I am also waiting for NICS to clear so I can pick up my first handgun. I used TJ's Sporting Arms (Tony) and it went in last week on Monday.

 

Does anyone know if the 30 day OGAM wait starts when the NICS clears, or does it start from the time it was first submitted?

 

Thanks.....

[Blake 50]

I am also waiting for NICS to clear so I can pick up my first handgun. I used TJ's Sporting Arms (Tony) and it went in last week on Monday.

 

Does anyone know if the 30 day OGAM wait starts when the NICS clears, or does it start from the time it was first submitted?

 

Thanks.....

 

Starts from day you take posession of the firearm. Sry you havent been able to pick it up yet

[TR20 47]

Starts from day you take posession of the firearm. Sry you havent been able to pick it up yet

 

Bdomar,

 

Somehow, I had a feeling it was going to play out like that. It will be a week tomorrow so with a bit of luck, I may get a call before the end of the week.

 

Honestly, this NICS bulls### is REALLY a pain because the State could do something to help the process if they wanted to. As usual, they sit on their ass and make our life more difficult. Thanks for your help!

[awynne56 0]

"NICS Background check is controlled by USC 922(t)(1), which includes (B)(ii) that says if 3 days has passed with no rejection, FFL can proceed with transfer. But when have you ever heard an FFL do that?

 

Also USC 922(t)(3)(A) says if the buyer presents a permit that allows for possession and acquisition of firearm, and is issued less than 5 years ago, the NICS background check is not needed. But when have you ever heard an FFL look st your NJ FID and say, "Nope you are good. No background check for you."

 

What good is this stipulation when no FFL will do that.. There is not one ffl here that would release a transfer if the 3 days had passed and no nics results( I don't blame you) .. but what would the state do if you did, isn't it actually their failure to comply with the law?

[222 3]

What good is this stipulation when no FFL will do that.. There is not one ffl here that would release a transfer if the 3 days had passed and no nics results( I don't blame you) .. but what would the state do if you did, isn't it actually their failure to comply with the law?

 

The law does not create an obligation for the government to respond within 3 days, or ever.

In order to sue someone, you have to standing to sue, and grounds to sue:

 

You can try to sue NJSP claiming they have a duty to respond within 3 days. The Judge will dismiss your case because government is under no such obligation, by statutory, regulatory or by common law.

 

You can try to sue NJSP for tortious interference of the business relationship between you and the FFL. The Judge will dismiss your case because the FFL is free to transact the firearm, the government is not stopping them.

[awynne56 0]

222, I reallying wasn't talking about sueing the government, pretty much like beating you head against the wall, more on the lines of what would happen if anything if the ffl transfered the item over after the 3 days if the nics did not come back. Any clarification would be great and thanks for the the response.

[PK90 3,570]

222, I reallying wasn't talking about sueing the government, pretty much like beating you head against the wall, more on the lines of what would happen if anything if the ffl transfered the item over after the 3 days if the nics did not come back. Any clarification would be great and thanks for the the response.

 

As stated in this thread or one of the other gazillion NICS threads, the three day period starts after a "pending/delayed" is received. The check does not happen until at least a week after the fax. No dealer is going to risk their license to prove a point.

[Dr Bocci 0]

Day 10

 

Submitted 4/5 from Cheyenne Mountain.

[222 3]

 

 

As stated in this thread or one of the other gazillion NICS threads, the three day period starts after a "pending/delayed" is received. The check does not happen until at least a week after the fax. No dealer is going to risk their license to prove a point.

 

Do you have documentation from ATF, FBI, NJSP or other authority which supports this interpretation?

 

If you do, then we have the basis for a lawsuit.

 

If you do not, then you are exercising your own discretion.

[222 3]

222, I reallying wasn't talking about sueing the government, pretty much like beating you head against the wall, more on the lines of what would happen if anything if the ffl transfered the item over after the 3 days if the nics did not come back. Any clarification would be great and thanks for the the response.

 

If you received a firearm after 3 days, then the FFL receives a final determination of "deny", then

- FFL tells FBI the firearm was transferred

- FBI refers case to ATF

- ATF agents, or local LEOs they work with, could show up at your door to retrieve the weapon.

 

It doesn't happen very often: most FFLs use their power of discretion to err on the side of not transferring.

 

www.justice.gov/oig/reports/ATF/e0406/exec.htm

 

I am on day 12. I decided long ago that every FFL I've had the pleasure to transact with are good, honest and hard working folk, and I don't need to give them hassle. So I just wait, and if it really bothered me, I'd just buy out of state next time. No worries.

 

[msokad 3]

I just got the call. The magic number for NICS is 11 days. NJ should really remove the I from NICS as there is no Instant in this process.

[PK90 3,570]

It is a Delayed Instant Check System now.

[BlueLineFish 615]

NICS now stands for Non-Instant Criminal Backround check system

[SlipperyPete 0]

It is a Delayed Instant Check System now.

 

NICS to DICS.

[jrfly3006 42]

 

 

NICS to DICS.

It's been run like DICS for a long time

[laabci 0]

One person I know waited 30 days for NICS.

Anyone else experienced something like that ?

[va_bank 0]

I just got the call. The magic number for NICS is 11 days. NJ should really remove the I from NICS as there is no Instant in this process.

 

Let's see if that's exact - I'm on day 10 and my father is on day 11.

[scarecrow 0]

Made a purchase today. last one was 8 days. Was told its running around 10 days right now

 

Just got the call, good to go. 11 days

[chris327 30]

Put in on the 3rd and got it today. Just picked up my new fns9 can't wait yo shoot it now.

[awynne56 0]

 

 

If you received a firearm after 3 days, then the FFL receives a final determination of "deny", then

- FFL tells FBI the firearm was transferred

- FBI refers case to ATF

- ATF agents, or local LEOs they work with, could show up at your door to retrieve the weapon.

 

It doesn't happen very often: most FFLs use their power of discretion to err on the side of not transferring.

 

www.justice.gov/oig/reports/ATF/e0406/exec.htm

 

I am on day 12. I decided long ago that every FFL I've had the pleasure to transact with are good, honest and hard working folk, and I don't need to give them hassle. So I just wait, and if it really bothered me, I'd just buy out of state next time. No worries.

 

 

222. Thanks for the info

 

[va_bank 0]

My father's came through - 11 days for his first gun, Glock 19.

[felixp3 0]

Lucky, i'm on day 11 today and no calls :-(

[va_bank 0]

Lucky, i'm on day 11 today and no calls :-(

 

It's my day 11 too, no calls either. Just have to be patient. As long as no new legislation passes between now and the time I pick up...

[felixp3 0]

YES! I just got the call...I'm picking up my first handgun tonight!!!

 

11 Days.

[URGE 0]

One person I know waited 30 days for NICS.

Anyone else experienced something like that ?

 

i'm on 25 days and two phone calls. going to be three phone calls tomorrow.