Posted on 01/22/2016 4:58:37 AM PST by rktman
With record background checks being conducted on gun sales, the FBI's National Instant Criminal Background Check System (NICS) is becoming overwhelmed. It's got to the point where people filing petitions from would-be buyers who were denied transfers have been put on the backburner, possibly denying many citizens of their Second Amendment rights. There aren't enough NICS analysts, of which there are less than 100, and employees for the database have been denied annual leave since before Thanksgiving (via USA Today):
(Excerpt) Read more at townhall.com ...
“Is it still a “rule” that if there isn’t a response within a certain time frame that the firearm may transfer to the buyer:
AFAIK, this is still the rule. But some of the large retailers want a positive answer or will not complete the sale. A CYA response
The NICS (National Instant Criminal Background Check System) is a computerized background check system designed to respond within 30 seconds on most background check inquiries so the FFLs receive an almost immediate response.
If no matching records are returned by any of the databases, the transaction is automatically proceeded. If the NICS returns a match of the prospective firearm transferee’s descriptive information to that of record information located in any of the databases, the FFL is advised that the transaction is delayed. While the FFL is still on the telephone, the call is placed on hold and transferred to the NICS Section in Clarksburg, West Virginia, for a quick review and evaluation by a NICS Legal Instruments Examiner (NICS Examiner). If the record information returned by the NICS presents a valid match to the descriptive information of the prospective firearm transferee, the NICS Examiners, who have access to protected information (as opposed to Call Center personnel who do not have such access) review the information to determine if state and/or federal firearm prohibitive criteria exists. If the information matched by the NICS is not a valid match or no prohibitive criteria exists, the NICS Examiner will advise the FFL they may PROCEED with the firearm transaction.
If it is determined that prohibitive criteria exists, the NICS Examiner will advise the FFL to DENY the firearm transaction. 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.â€
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).
https://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet
excerpted, more at link
Four hundred million guns in the hands of American citizens by the end of 2016!
We can do this! We’re AMERICA!
Don’t forget the ammo and accessories!
If we have a Christian revival (my personal preference), we’ll have them for target practice. Shooting is fun!
If a civil war is necessary, we’ll have them for business, and with GOD’s help righteousness and justice will again prevail over tyranny.
Thanks. So for now it’s still as I remembered it being. I’m sure AG lynch will be able to adjust that since congress has the power to regulate the 2nd amendment per the lyin’ kings rules. NOT!
No worries...AG lynch has asked for $80 million to make it alright.
When your dealer submits your form 4473 to NICS, he will get either a "proceed,", "delay," or "deny."
If he gets a delay, NICS has three business days to issue either a final proceed or deny. If after those three day the case is still open, the dealer at his discretion may transfer the firearm (assuming your state laws allow.)
One of the fears of a "universal background check" is that such a law would require a "proceed" before a transaction can be completed, and if the government wanted to shut down all (legal) firearms sales all they have to do is kick the plug out of the wall for the NICS computers.
In 13 years of calling in 4473’s I always gotten a call back with-in the time frame and usually within 24 hours. All the denied have been instant.
Every gun shop and gun show I go to is filled with people the last two years and I think it has a lot to do with the Muslim infiltration that is underway because this keeps coming up in conversations I've overheard. I've seen some serious firepower out there and have noticed body armor has become a pretty big thing. I think people are expecting ISIS to be invited onto our shores by the current administration because of the makeup of the regime, their actions, and undeniable support of the enemy. I have never seen such a treacherous administration as this one. People are not gearing up to initiate hostile actions but to defend themselves and repel the malvolent actions of a tyrant.
More importantly, gun prices have shot back up over the last 3 months.
What do you think about “flash mob” gun buying?
Purchasers could wait until a given hour of a given day of the week or month, then create their own overwhelming wave of clearance requests.
This behavior does not reflect the values of the gun owning public with whom I associate, but what is to say that the bad guys or the crazies couldn’t make effective abuse of the process through organized behavior.
The sad part is that they are keeping these records. I witnessed part of an alpha agency eval and they had a whole list of this dealers transactions. They ask to reveal the records on some. Many of us knew the 24 hour retention of
NICS info was just another lie.
My neighbor had a couple weapons stolen some years ago.
He was on the road at the time and couldn’t access the serial numbers which the cops and insurance company wanted pronto.
He called the big box sporting goods store and the clerk-—the guy didn’t know my neighbor from Adam-—looked up his name and called him back with the #s in 20 minutes.
He was very grateful at the time but since then has laughed at the supposed confidentiality of firearms records.
Right you are.
Every American who has ever bought a firearm from a firearm dealer in the last four decades is on a BATF gun owner registry by virtue of FFL gun purchase records.
All paper form gun purchase records have been digitized by the BATF.
Firearm owners are no doubt on a red list of sorts.
RE:”The sad part is that they are keeping these records. I witnessed part of an alpha agency eval and they had a whole list of this dealers transactions. They ask to reveal the records on some. Many of us knew the 24 hour retention of
NICS info was just another lie.”
>> noticed body armor has become a pretty big thing
It’s on my personal wish list.
A bigger one is that it is creating a National Gun Registration list via the back door of 4473s.
Yes, they don't go to the government until he quits, but evidently the BATF can't wait that long as some of the gun websites have dealers reporting that when the BATF comes to visit, they photocopy their entire book of 4473s.
Those who push the Universal BC claim it is just to keep the nutcases and criminals from buying a gun. If that is so, when I buy a handgun and a rifle, I only have to pass ONE BC, but still have to fill out TWO 4473s, which, among 20-odd personal questions, also requires the make, model, type, caliber and serial number.
Every time I ask that question of those in favor of the BC, I only hear crickets - or at best - "Gee, I didn't know that."
Spread the word.
If you purchase multiple firearms at the same time, you need only fill out ONE 4473. Lines 26-30 on the 4473 have room for up to five firearms, and linw 30a asks for the total number of firearms in the transaction. The instructions say to attach another sheet to the 4473 if there are more than five.
If you have to fill out multiple 4473s, it is your dealer making you do so, probably for easier bookkeeping on his part.
ATF form 4473: https://www.atf.gov/file/61446/download
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