A NICS background check could take between minutes and a few days, after which most FFLs would complete a firearm transaction within the shortest time possible. But that doesn’t happen all the time.
Sometimes you could initiate a transaction but fail to complete it within 30 days due to various reasons such as work travel, illness, or unforeseen circumstances on the buyer’s side. In some cases, the transferee could receive a “denied” follow-up response even after being approved in the initial response, so they have to appeal.
Whatever the case, NICS background check responses are legally valid for up to 30 days, giving FFLs and their customers sufficient time to complete a transaction. Transferring a firearm more than 30 days after the background check is regarded as a willful violation under Biden’s zero-tolerance policy and could cost your license.
The first steps to protecting your FFL license are understanding NICS responses and completing Form 4473 correctly after getting the background check response.
NICS Responses
Our recent article highlighted each NICS response an FFL will likely receive after submitting background check details. We categorized them into two; initial response and follow-up response, with both featuring “proceed,” “denied,” and “canceled.”
In this piece, we’ll look at responses like “proceed,” the initial “delayed” response, and “no response within three days,” which allow the FFL to proceed with firearm transfer. If the FFL receives any of these within 30 days after requesting a background check, they’re legally right to proceed with a firearm transfer.
If the receiver can possess the gun there and then, the FFL completes Form 4473 per the NICS response, updates the acquisition and disposition record (A&D), and completes the transfer.
On some occasions, the final step of transferring the gun to the new holder happens on a different date than when they signed on section B. In that case, the FFL should re-check the transferee’s photo identification and have them certify the provided information for the second time in section D.
Recertification
A gun buyer/transferee may be required to certify that the information provided in section B of Form 4473- including name, citizenship, address, and answers to prohibitions, are accurate and complete. It is typically done in Section D by signing box 30 and recording the recertification date in box 31.
Recertification is only allowed within 30 days since the FFL initiated the buyer’s background check.
If it’s more than 30 days since the NICS check began, the FFL needs to initiate a new check before transferring the firearm. The new NICS response will be recorded in the original Form 4473, not necessarily a new one.
Overturned Denials
If a potential buyer gets a denial response, the law provides for a chance to appeal to the verifying agency. If the appeal is successful within 30 days of the initial check with no substantial reason for the denial, NICS will issue a “proceed” response, and the FFL can complete the firearm transaction.
Should the appeal be successful more than 30 days after the first check, the licensee must start a new NICS background check prior to the sale/transfer.
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