Question for Dealers

[Underdog 1,593]

I have been trying to get in touch with the NICS Unit with the state police, and the phone rings and rings and rings. I have question. I have been told that your NICS check is good for 30 days. I assume that that gives you a thirty day window to get back to the dealer to pickup your gun after you have been notified. But, does that mean that if you buy a handgun and then a week later, you want to by rifle, or have one transferred to the same dealer in which you just bought the handgun, that you would not have to have another check done and pay the fee, even though you were within the window? I assume that window is only for one gun, and that you would have to have another NICS check done a week later.

 

But on to my real question... Now, lets say you purchased a handgun and you were about a week into the current two week window. You submitted paperwork and the dealer faxed in the NICS check. Is it good and can you pick it up wtihin 30 days of when the original check was faxed, or does the 30 days start once the dealer is notified (which is not instantaneous anymore). The reason I am asking is because I would like to do a private sale before the NICS check comes back. And, then wait the proscribed 30 days to do the additional transfer at the dealer for the second handgun, but I don't want to pay for another NICS fee, AND, I don't want my NICS check to have to start after the 30 day application period for the one I am currently picking up from a private sale and then have to wait another two weeks for the nicks to come back, etc.

 

I assume that the 30 day window is when it is faxed in, and not when the check is called back in to the dealer. I am assuming that a dealer would be on the up and up and tell you when it had been confirmed. Because if a dealer gets a lot in at once, maybe they won't bother to call you right away so as not to be overwhelmed all at once, or to call when it is convenient, etc..

 

Again, what I would like to do is buy something private, before the NICS check comes back, and then have a very slim window (due to OGAM) in which I could therefore pick up the firearm with the NICS check still being valid at the gun store.

 

I could not reach anyone at the State Police that would answer my question. The best I got was that I could have my dealer call NICS on the actual day of the transfer. And, that wouldn't work. Say I am on Day 10 of a 14 day wait. If I got the private sale now and was contacted 3 days from now, then I would have a 2-3 day window, supposedly of when the background was still good, in which I could pickup the gun at the dealer in about 32 days...

 

Any thoughts?

 

I imagine that what happens is that the 30 days starts the day your "instant" background check was faxed in. So that, in reality under the current system, you only have about 2 weeks to pick it up, so with OGAM, there would be no way around paying for a 2nd NICS check, unless you picked up the gun from the dealer first, and you would be at the mercy of when the State Police got back to you on the first as to when OGAM actually started. I assume nothing is in my favor, but I thought I would ask.

 

And, if you are dealer, is there a way to "show" your customer exactly the date when you were notified as to the approval. If I requested it from my dealer would he show me, and or prove to me in some way when he was in fact notified?

[PK90 3,573]

You confused the fugg out of me.

[PK90 3,573]

It is simple. The NICS 30 days starts when you sign the form 4473. Once you leave with your item on that form (1-30 days), it is done. You will need to do another. The check is for that dealer only. All private transfers have nothing to do with the dealer sales, i.e. NICS.

[Underdog 1,593]

When you sign the form 4473 that the form you filled out the day that you initially agreed to purchase and NICS was faxed in? Or is that form a form you sign on the day when you pick up the gun?

 

Is that NICS check good for 30 days ONLY for that item and at that dealer?

[PK90 3,573]

Both. Part A signature starts the 30 Day NICS. Part C completes it.

 

Do not get this 30 day confused with the OGAM. THey are two separate issues.

[Underdog 1,593]

You confused the fugg out of me.

 

 

I didn't mean to confuse you.

 

Timeline...

 

Went to dealer and put money down on a gun, filled out forms, and I am waiting for NICS.

 

10 days later, NICS is not back yet. Want to buy another handgun from private seller. If I do, then I will be past 30 day NICS window to pickup gun sitting at dealer, correct?

 

Unless, the 30 days starts once the dealer is notified. Then, I would be in the clear and could pickup the private sale and 30 days from that (which would still be within the dealers 30 days) I could then go and get the other gun at the dealer.

 

This probably has never come up before because it is suppose to be "instantanous".

 

Otherwise, if I pickup the private sale, now. I will have to wait 30 days to do another background check, and then will have to pay for it again at the dealer. Then I will have to wait the additional 2 weeks to get the 2nd handgun.

 

What will have to happen is I will have to wait until the NICS comes back. Pick it up and then wait 31 days to pickup the 2nd handgun. I won't be charged two NICS checks and it will be the shortest time to get both, unless I could do it the other way I hinted at.

[PK90 3,573]

I didn't mean to confuse you.

 

Timeline...

 

Went to dealer and put money down on a gun (handgun or long gun? big difference), filled out forms, and I am waiting for NICS.

 

10 days later, NICS is not back yet. Want to buy another handgun from private seller. If I do, then I will be past 30 day NICS window to pickup gun sitting at dealer, correct? You can not acquire a handgun within 30 days of the previous. The NICS check might get you arrested, as you are attempting (NJS 2C:5-1) to acquire a handgun within 30 days. From here on, you lost me.

 

Unless, the 30 days starts once the dealer is notified. Then, I would be in the clear and could pickup the private sale and 30 days from that (which would still be within the dealers 30 days) I could then go and get the other gun at the dealer.

 

This probably has never come up before because it is suppose to be "instantanous".

 

Otherwise, if I pickup the private sale, now. I will have to wait 30 days to do another background check, and then will have to pay for it again at the dealer. Then I will have to wait the additional 2 weeks to get the 2nd handgun.

 

What will have to happen is I will have to wait until the NICS comes back. Pick it up and then wait 31 days to pickup the 2nd handgun. I won't be charged two NICS checks and it will be the shortest time to get both, unless I could do it the other way I hinted at.

[PK90 3,573]

It is simple. You can not acquire, or attempt to acquire a handgun within 30 days of the previous one.

 

NICS is not connected with the OGAM.

[BlueLineFish 615]

If i am not mistaken i believe he is asking this. If you submit a NICS check and something else comes in during the wait for the NICS to come back can you take both?

 

If i am wrong please correct me

[Underdog 1,593]

Why is this so confusing?

 

I know about OGAM.

I believe a NICS check is valid for 30 days after some arbitrary date.

 

My question really just related to when that arbitrary NICS date started. PK hinted that it is the day you fill out forms and the gun shop initiates the background check, which is now via fax. If that is so, then all of this is irrelevant.

 

If the 30 days that the NICS blanket started was the day that the gun store received back the OK from NICs THEN, I would be able to get the private handgun, wait the 30 days (which would be before NICs notified the gun shop) and then use the same NICS from the first gun to pickup the first gun after the 30 days. I was wondering if the additional time the state built into the system, if that would enable me to do just that. But, I am sure that is not the case. I will have to wait until NICS additional time is over. Pickup the firearm at the shop, and then wait 30 days to pickup the private sale. I cannot in effect shorten that time by using the wait time and the time the nics would be valid to shorten that time some, and to not leave the private seller on hold without missing the window and not picking up the gun within 30 days and then having to have another NICS done at the shop and a resulting time of at least another two weeks built into it.

[maintenanceguy 510]

Okay, now I'm confused. What if the NICS check takes 31 days? If the 30 day NICS clock starts on day 1 of the NICS check, what happens on day 31 when the results come back?

[PK90 3,573]

Then there is a problem.

[PK90 3,573]

LINK

 

Q: Is a NICS check valid for 30 days from when the check was initiated, or from when a “proceed” is issued?

 

The NICS check is valid for 30 days from when the check was initiated.

 

Example: A NICS check is initiated on December 15, 2004. The FFL receives a “proceed” response from NICS on December 17, 2004. The purchaser does not return to pick up the firearm until January 16, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser.

 

Example: A NICS check is initiated on December 15, 2004. The FFL receives a “delayed” response from NICS; no further response is received. The purchaser does not return to pick up the firearm until January 16, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser.

 

[27 CFR 478.124©]

[DSD1026 48]

it seems to be a more valid question as time goes on.. we're up to 18 days, so if the "good for 30 days" start from when you actually first fill out the NICS paperwork, then its becoming more of a close call, through no fault of the buyers'. I thought the NICS "good for 30 days" started when they gave the approval and you had 30 days to pick it up without having to re-run the NICS for that firearm. Apparently I was wrong about that..

[maintenanceguy 510]

 

Q: Is a NICS check valid for 30 days from when the check was initiated, or from when a “proceed” is issued?

 

The NICS check is valid for 30 days from when the check was initiated...

 

Thank you, always a wealth of knowledge.