So I've been hearing from a few people my LGS has been making people wait until their 4473 clears before they allow them to pick up their firearms even if it's past the appropriate waiting period. Now am I mistaken or is this the proper procedure? I went and purchased a pistol Friday from this shop and was told the same thing. I go pick it up tomorrow and I don't wanna make myself look like a jackass by spouting off nonsense. Any help would be awesome

It's a 72 hour waiting period by law.

The waiting period starts at the time the deal is made.  I use the receipt date/time.

The NICS check has 3 business days to clear, after which time if there's no approval/denial, the firearm can be released.

How about a long gun?  Still three days for the NICS?

24 Hour waiting period from point of sale transaction, but if there's no NICS (In IL they actually call it FTIP) response within 3 days, the gun can be legally transferred.

edit to delete bad info

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The information above is wrong. The ftip state police background check has to be approved before any transfer can happen in Illinois doesn't matter how long the state takes. I am a dealer and you can read the Illinois law on the state police  site.

Thanks.

https://ispffl.com/Public/FAQ.aspx

ISP concludes that the waiting period to purchase a firearm as defined under state law, 720 ILCS 5/24-3(g) begins when the buyer and seller reach the "agreement" to purchase the firearm and that agreement may be formalized in a number of ways. As the FFL will be required to answer any questions raised by ATF inspectors as to how the waiting period was observed, ISP suggest that FFLs memorialize the agreement in some form that is verifiable and consistent with each purchaser. Here are a couple of questions that have been raised:

When a customer has a gun shipped from another FFL or out of state, when does the waiting period begin? The waiting period starts when the agreement is reached with the seller. It need not be the FFL making the transfer of the firearm. If the firearm was paid for and/or shipped from another FFL, the waiting period began prior to when the FFL conducting the transfer received the firearm.

Can a customer call up and order a firearm over the phone, then come in and pick up the firearm later? The waiting period begins when the buyer and seller reach an agreement. FFLs need to document how the waiting period was observed. The documentation needs to be verifiable and consistent with each purchaser.

What happens if a customer orders a firearm, and when he comes into pick it up, ISP issues something other than an approval on the FTIP? The actual transfer of the firearm cannot take place until there is an approval from the FTIP system, regardless of when the agreement was reached. If the FFL receives a transaction number, they cannot complete the transfer until they receive an approval.

Do FFLs have to wait when transferring firearms between FFLs? There is no waiting period between retail FFLs. And Curio and Relic (C&R) FFLs are exempt from the waiting period for those firearms that appear on the ATF&E C&R list and fall under the C&R license.

NOTE: This is the interpretation of the Illinois State Police. Individual FFLs may have their own policies and procedures to observe the waiting period.

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Please cite the specific law, as I cannot find your claim on the ISP site, and on the 4473 it says after 3 days of non-response the firearm can be transferred.

https://ispffl.com/Public/FAQ.aspx

ISP concludes that the waiting period to purchase a firearm as defined under state law, 720 ILCS 5/24-3(g) begins when the buyer and seller reach the "agreement" to purchase the firearm and that agreement may be formalized in a number of ways. As the FFL will be required to answer any questions raised by ATF inspectors as to how the waiting period was observed, ISP suggest that FFLs memorialize the agreement in some form that is verifiable and consistent with each purchaser. Here are a couple of questions that have been raised:

When a customer has a gun shipped from another FFL or out of state, when does the waiting period begin? The waiting period starts when the agreement is reached with the seller. It need not be the FFL making the transfer of the firearm. If the firearm was paid for and/or shipped from another FFL, the waiting period began prior to when the FFL conducting the transfer received the firearm.

Can a customer call up and order a firearm over the phone, then come in and pick up the firearm later? The waiting period begins when the buyer and seller reach an agreement. FFLs need to document how the waiting period was observed. The documentation needs to be verifiable and consistent with each purchaser.

What happens if a customer orders a firearm, and when he comes into pick it up, ISP issues something other than an approval on the FTIP? The actual transfer of the firearm cannot take place until there is an approval from the FTIP system, regardless of when the agreement was reached. If the FFL receives a transaction number, they cannot complete the transfer until they receive an approval.

Do FFLs have to wait when transferring firearms between FFLs? There is no waiting period between retail FFLs. And Curio and Relic (C&R) FFLs are exempt from the waiting period for those firearms that appear on the ATF&E C&R list and fall under the C&R license.

So the ISP can put the transfer on hold indefinitely if they want to?  Isn't that depriving someone of their rights?

so what has been the extra wait time as of late?  I heard it was backed up before x-mas.

Bought a rifle yesterday and ask the clerk and he said "well they are getting better"  No rifle for me today.  :(

I've had a few take 3-4 hours. One recently went a few hours short of 72. But mostly the process is instant just like it should be.

Between the 20th and the 1st of the year I had about a dozen that went in excess of 4 days.

Just out of curiosity, in these cases did you release the firearm to the purchaser, or wait for the OK?   I know if I was the buyer I would be upset, but I understand the law, and that you would have discretion after 72 hours.

I waited to cover my ass since there's no real law.  There's only "rules" set by the ISP which imo is totally wrong.

Interesting thing about the ISP site. I checked on one delay a couple of weeks ago and got a message that said  'NICS is down, try back later'

It made me wonder if the ISP system is little more than a fancy front end to NICS.that also generates the additional ISP transaction number.

Swanhunter would have to correct me if wrong, but I believe there's a person who looks at every check that comes through.  It's not just a simple automated system.

Haven't had much experience in this area but, I believe there is a live person on the other end, they do the NICS and a FOID check.  It is not automated....like Brassaholic13 said.

I'm thinking something has changed since they went to the computerized system for FFL's. I've had approvals take literally less than 3 seconds. If there's a person checking he's doing it later after the system does it's work and ofttimes has already issued an approval.

Honestly, the ISP system as it sits right now works pretty well IMO. No, it isn't 100% but the days of phone calls, call backs, long hold times etc are gone. I see that as a good thing. The delays lately are discouraging but I wonder if the system isn't just overwhelmed because of demand and backups farther upstream at NICS.

It has gone automated. The pendings are if someones name gets a soundex or other hit. If there is not a backlog going on it usually clears within an hour if not minutes. I had one that received a delay and one minute later came back approved. FFL's that use the online system get an email stating that one has had a change of status and to login and check the log. This is all from the head of the FTIP division from the ATF/ISP FFL conference in Fairview Heights last year. It was an extremely informative meeting.