NICS and rifles

donkatec · Jul 16, 2009

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Hello, all. It seems that this is the best place to ask. I'm tired of the NICS delay I'm experiencing after attempting to purchase a rifle at a sporting goods store. It has been 10 business days (the check started on Sat, July 4th).

No answers from the employees, just constant waiting. Anyway, I've read that North Carolina doesn't require registering of firearms. I know any handgun transfer, sale, etc... needs a gun permit, but does this apply to long guns?

If I privately obtain a long gun from instate or out of state, is this legal?

I just want to make sure, because if I'm ever questioned, based on what the law says, how would anyone even know where I obtained the long gun?

It's approaching two weeks I've waited for this supposed Instant check.

JDriver1.8t · Jul 16, 2009

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instate long guns require no check or permit.

Out of state needs to go through an FFL.

mekender · Jul 16, 2009

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donkatec wrote:

Hello, all. It seems that this is the best place to ask. I'm tired of the NICS delay I'm experiencing after attempting to purchase a rifle at a sporting goods store. It has been 10 business days (the check started on Sat, July 4th).

No answers from the employees, just constant waiting. Anyway, I've read that North Carolina doesn't require registering of firearms. I know any handgun transfer, sale, etc... needs a gun permit, but does this apply to long guns?

If I privately obtain a long gun from instate or out of state, is this legal?

I just want to make sure, because if I'm ever questioned, based on what the law says, how would anyone even know where I obtained the long gun?

It's approaching two weeks I've waited for this supposed Instant check.

the NCIS delay works like this... if they do not deny you within 3 business days, you are approved... go pick up your rifle...

they did the same to me 2 years ago...

donkatec · Jul 17, 2009

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I guess I'm going to go the private route then. Still nothing.

Regarding the 3 day delay, the sporting goods stores appear to be afraid of screwing up their FFL. They will not release without approval.

mekender · Jul 17, 2009

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donkatec wrote:

I guess I'm going to go the private route then. Still nothing.

Regarding the 3 day delay, the sporting goods stores appear to be afraid of screwing up their FFL. They will not release without approval.

i would either find another store or call NICS myself and tell them that you need them to call in an approval...

either that or talk to the manager of the store and ask him why he isnt following NICS procedure in that a delay is ok to release if there is not a denial after 3 days?

Redwolf · Jul 17, 2009

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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.

http://www.fbi.gov/hq/cjisd/nics/nicsfact.htm

donkatec · Jul 17, 2009

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Per the manager at Dick's, their policy changed within the past few months. They will NOT release a long gun even after three days. She did call up the NICS and follow up, but again they said it was in review. Review for 10 business days? Doesn't make sense. Oh well, their loss. Time to go elsewhere.

mekender · Jul 17, 2009

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donkatec wrote:

Per the manager at Dick's, their policy changed within the past few months. They will NOT release a long gun even after three days. She did call up the NICS and follow up, but again they said it was in review. Review for 10 business days? Doesn't make sense. Oh well, their loss. Time to go elsewhere.

ok so they have silly rules... what area of the state are you in? i would bet that i know of a shop that would give you a better deal anyways, without the hassle too...

Mike · Jul 18, 2009

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donkatec wrote:

Per the manager at Dick's, their policy changed within the past few months. They will NOT release a long gun even after three days. She did call up the NICS and follow up, but again they said it was in review. Review for 10 business days? Doesn't make sense. Oh well, their loss. Time to go elsewhere.

You need to go over the manager's head to ask about this - keep your inquiry simple - Hi, my name is ____ and am having trouble at your store in _____ but eh general manager says he won;t follow federal law on NICS delays - i should have had my gun on day 3, can you look into this?

if Dicks is doing this on their onw as a corp policy, and other stores do not, then we should organize a nationwide boycott - with so many crikminal records established in false names or screwed up dat files, its a wonder how any gun sale gets approved these days

Redwolf · Jul 18, 2009

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they are following the law, it clearly states "it is within the FFL’s discretion whether or not to transfer the firearm" if a delayed condition is recieved.

donkatec · Jul 18, 2009

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Mekender and Mike,

Thanks for your responses. I live in Winston-Salem. I'd love to know of a dealer here that won't wait this long to release, especially if their prices are good.

Also, my friend here told me to check into classifieds, but I have no idea where to look. Not sure about buying a used .22 rifle, but why not? Anyone know of where to look?

BTW, I'm close to even emailing their corporate and telling them I will no longer do business with them over their poor customer service and policy. (Twice already they never called me back after I called them)

I have no issues waiting three days for a rifle, but 14 days is a bit much, especially if I've never been arrested or in trouble with the law. I'd gladly tell them that they lost about $500 in this one transaction.

Thanks again!

Mike · Jul 18, 2009

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Redwolf wrote:

they are following the law, it clearly states "it is within the FFL’s discretion whether or not to transfer the firearm" if a delayed condition is recieved.

the customer's perspective is what is commecially important here to the corporation and it is also true that the dealer also follows thel aw by completing the transfer - times are tough, and boycotts make things tougher

Mike · Jul 18, 2009

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donkatec wrote:

BTW, I'm close to even emailing their corporate and telling them I will no longer do business with them over their poor customer service and policy. (Twice already they never called me back after I called them)

Consider approaching them as I discuss above to resolve the situation - if the store is rogue, you may win quickly, alternatively, they must come clean on policy and have to confont a boycott - calm sugar gets the flies, not vinegar.

donkatec · Jul 18, 2009

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Mike,

Thanks for the reply. Per the store manager, that's corporate policy, not the one store. She specifically said it had changed within about the last six months.

Mike · Jul 18, 2009

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donkatec wrote:

Mike,

Thanks for the reply. Per the store manager, that's corporate policy, not the one store. She specifically said it had changed within about the last six months.

Tryst but verify, and complain. Then we boycott.

Myrighttocarry · Jul 18, 2009

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Plenty of good places in my area for used goodies and i've got some friends at gun shops/pawn shops, they won't expedite the process but they won't make it take any longer than necessary. Buying used has it's risks though, expecially from classifieds.. just know what you're looking for. Try the Carolina Money Saver, it's a magazine that lists all sorts of useless stuff but I see decent guns on there every now and again. the upside to buying from someone is that the economy is bad and they are going to give you a much better deal on the gun then any pawn, gun, or manufacturer. But I will promise you if you do the footwork on the looking end you will be rewarded with great used gun for a great price.

And about the store I don't mind them taking so longin the process because of policy and what not, but when they lose contact and communication with the customer thats unacceptable and you should take your business elsewhere as everyone stated... do it politely though.Them losing your business should be enough, no need to harass them for doing their job.

jkeith · Jul 21, 2009

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I stopped firearms purchases from Dick's several years ago when I went in to make a purchase and they would not accept the CCW in lieu of the NICS check. NICS was "down" and I was told I'd need to come back the next day. NC does permit the use of the CCW in lieu of the NICS check, but I was told that Dick's requires the NICS check. Have not bothered with them since.

JDriver1.8t · Jul 21, 2009

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donkatec wrote:

Mekender and Mike.........

Also, my friend here told me to check into classifieds, but I have no idea where to look. Not sure about buying a used .22 rifle, but why not? Anyone know of where to look?
.............

Thanks again!

What kind of .22 rifle are you looking for?

donkatec · Jul 21, 2009

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A Ruger 10/22, Mossberg 802, or Savage/Marlin bolt-action.

ocgso · Jul 22, 2009

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try LJA Arms (they are in Stokesdale, NC). The owner is fantastic and will try to get you what you need. His prices are reasonable, and he is a real patriot.

He has much more than is listed on the site, and is very knowledgable.

http://www.lja-ar15.com

There is also a great store in Kernersville off of Hwy 66, The Gun Rack. Very good prices, always helpful.

http://www.billsgunrack.com/

He has a larger stock than LJA, and also sells reloading supplies. No product listed on the site, but a good shop to visit.

Neither of these folks will hassle you like the big box stores.

NICS and rifles

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