ryan_j

Will a Government shutdown halt NICS and permits?

40 posts in this topic

I don't mean for this to be a political thread. I don't want to discuss the shutdown other than NICS and firearm permits. 

 

That said, will it have any effect if the Government does indeed shut down? Will we be back to NICS delays because NJSP says that NICS is shut down along with the rest of the Government? What about background checks for other purposes such as pistol purchase permits and FID cards? 

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I don't mean for this to be a political thread. I don't want to discuss the shutdown other than NICS and firearm permits. 

 

That said, will it have any effect if the Government does indeed shut down? Will we be back to NICS delays because NJSP says that NICS is shut down along with the rest of the Government? What about background checks for other purposes such as pistol purchase permits and FID cards? 

good question.

 

Just wait until Wednesday so I can pick up my handgun that I paid for over a month ago!

Huh?? how does this answer the question??? and congrats on the new gun

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NICS is maintained and implemented by the FBI and it is Federal. It is also the "National Instant Criminal Background check System" meaning it handles all background checks for federal law enforcement. It is deemed "Essential" and will still be available to states like New Jersey that have chosen to be Point Of Contact (POC) states. A POC State acts as a go between, between the FBI's national system and your FFL. In a normal state, unlike NJ and actually many others, background checks are done by your FFL directly through the FBI NICS computerized and yes, "Instant" system and they are free. Your tax dollars already paid for this system. When a state chooses to be a POC state they have decided that they want to expand the federal background check to include local state records for mental health and criminal records. So when we FFL's call the NICS unit we are actually calling the State Police (not federal). The NJNICS unit is actually an arm of the State Police Firearms Investigation Unit.  We provide them with your information and they perform the computerized check using the federal FBI system (instantly by the way) and they also use the state's databases to check on you. Specifically any filed mental health records and particularly state criminal activity such as domestic violence. For the privilege of the added layer of investigation we get to pay New Jersey $15. 

 

Since the State Police are not subject to the Federal shutdown, and the FBI NICS is considered ESSENTIAL as it is used nation wide for much more than just Brady Law checks, seeing a shutdown of NICS is highly unlikely since it will instantly prevent any law enforcement organization to check criminal records. NICS was not created for or implemented for the Brady Law and it existed long before the Brady Law was ever passed. NICS was adapted to be used by the ATF for FFL's based on the regulatory requirement of the Brady Law. 

 

It's a common misconception that NICS was implemented for background investigations of firearm transactions. It was not, the federal NICS system was adapted to meet the more recent requirements of the Brady Law.

 

By The Way, Please Visit My Shop On The Web at http://www.plumstedarms.com

Thank You

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Were you guys an FFL when the government was "shut down" last time?  NO NICS.

Are you talking about a Federal shutdown or a state shutdown. We have had both. It makes perfect sense that the state would shut down the NICS unit for a state shutdown but not a federal one. And a federal shutdown of NICS will bring the entire judicial system to its knees. Brady Law checks only account foe a very small amount of total traffic to the federal NICS system.

 

The only way the state could justify shutting down NICS is if they are receiving federal funding for the NICS unit. That would be even more outrageous and infuriating. Do you know if this is the case? I don't.

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After 3 days the gun can legally be released.

That is absolutely not true at all. The law states that you can release a firearm after three days following a "Pending" status if there is no further response. You must first get the pending status. This has been argued to death during the days of faxed NICS with weeks of waiting. If there is a shutdown of NICS you cannot contact them to get any status. The three days does not apply for an initial status. If NICS stops answering the phone and the computer system, if it does come up, does goes down due to a federal shutdown, I can guarantee you that no (intelligent) New Jersey dealer will be releasing firearms until NICS is back on-line. 

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Here the thing with nics check. Guys cry over the wait. Due to me having a felon with the same name and birthday as me I always have to wait. The only time I haven't is for pistols. I've had many guns handed to me before I was cleared. Maybe because my situation is known but that's the ways it's been handled.

 

 

Sent from my iPad using Tapatalk HD

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Grr tapatalk being spazzy.

 

Anyway, the Internet didn't explode last federal shutdown. I'm pretty sure the tinfoil hat crowd that exists on every gun forum everywhere might have made a peep or two.

 

Tons of people had to work without pay, and lots of stuff not requiring mailings and checks still went on.

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Here is why

According to federal law nics has 3 days to deny you. On the 4th day the ffl can release the gun to the customer. You won't find shops doing that in nj but in other states it's common practice. The last thing they want is everyone being able to buy guns.

 

 

Sent from my iPad using Tapatalk HD

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Here is whyAccording to federal law nics has 3 days to deny you. On the 4th day the ffl can release the gun to the customer. You won't find shops doing that in nj but in other states it's common practice. The last thing they want is everyone being able to buy guns.Sent from my iPad using Tapatalk HD

Still not true. Get your facts straight. It's 3 days from a "delayed" response, not three days from the onset of a NICS check. And no..I don't know of any ffl that will release a gun after 3 days following a delayed response. I wouldn't

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