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All correct.
After 72 hours, the store is free to release the firearm, but is not required to, and any FFL who values his/her license would not do so.
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its not a temp hold its taking a long time for the NICS check to come back at all. The gun stores i talked to are on hold for 4-6 hours and have every phone line on hold waiting for a chance to submit the information.
And once they connect with someone they are allowed a max of 20 checks per call is what I was told.
All correct.
After 72 hours, the store is free to release the firearm, but is not required to, and any FFL who values his/her license would not do so.
For clarification:
There is no "72 Hour" rule - an official NICS Delay response allows
three business days (the day the response is received does not count as one BTW) before it is within the FFL’s discretion whether or not to transfer the firearm. The details regarding this are easily found on the FBI NICS/Brady site https://www.fbi.gov/services/cjis/nics/about-nics
If potentially prohibitive criteria exists and more information is required in order to make the determination, the NICS examiner will advise the FFL to DELAY the firearm transaction and the FFL will receive the following instructions:
“. . .NTN ___ will be delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Law does not prohibit the transfer of the firearm on day/date.”
The NICS examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.
When a transaction is DELAYED, the NICS examiner begins extensive research on the potential prohibitor. Upon completion of the research when a definitive status is determined, the FFL is contacted and given a PROCEED or DENY decision on the firearm transaction.
In states that agree to serve as POCs for the NICS, the functions performed by the NICS Section are performed by a local or state law enforcement agency which services the FFLs. The FFLs call these local or state agencies, which perform the check, make the decision whether the check indicates an individual is disqualified or not from possessing a firearm, and notify the FFL of the results of the check.
We have had a lot of transfer customers confused by this question and I have been asked about this non-existent "72 Hour" rule a few times. Here is how I can best explain it:
Currently, when we have a (non-exempt) customer come in to complete a transfer after their firearm has arrived, I explain that if we are able to get through to the background line (which is unlikely), the hold time can be 4-6 hours.
Normally, we opt for the fax option that the state has now provided. It has been my experience lately that faxed 4473 forms result in a call back in 3-5 business days later with the NICS results after the forms have finally been processed. IF the NICS result was a Delay (and only then), the three business day rules would go into effect as quoted above. Otherwise, as soon as a Proceed result comes back, the customer can come back and pick up their stuff after signing/dating fields 22 & 23 on their original 4473.
All of this is ridiculous and I believe the state allowing this slowdown of background processing for so long is a clear violation of NRS 414.155. As I understand it, the background line and most other state offices share the same phone trunk as the unemployment phone numbers that are still jammed up as well. Weeks and now months have gone by and the state has done nothing to fix their antiquated and insufficient phone system.