A NICS DELAY...

When a Federal Firearms Licensee (FFL) receives a delay response from the FBI Criminal Justice Information Services Division's National Instant Criminal Background Check System (NICS) Section, the following instructions will be given to the FFL:

“NTN ___ is delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Act does not prohibit you from transferring the firearm on ___day/date___.”

In open transactions, the FFLs should record on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 the date on which the firearm may be lawfully transferred under federal law provided in the instructions.

The following table specifies the day on which a firearm may be lawfully transferred under federal law if a final status has not been received from the NICS Section. (State and federal holidays will affect this schedule).

If the FFL has not received a final determination from the NICS Section after three business days have elapsed since the delay response, it is at 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 note “no resolution was provided within three business days” on line 19d of the ATF Form 4473. (Refer to pages 24 and 25 of the NICS FFL User Manual).

Revised 06/21/05

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