So you want to buy a firearm during a pandemic

[Scott B.]

Finally decided to buy a firearm during a pandemic? Well, the joke's on you. So did everybody else. To the point that earlier in the week, NICS (the FBI's background check system) was experiencing a 300% increase in volume. In case you're wondering, that's a lot.

When old, government procured computer systems that run on a kludge of software have that much work load - they break down.

This leads to a lot of background check delays. We have a fun little federal thing called the Brady Law. One component of that law is that if you are delayed by NICS and no proceed or deny response has been received you may pick up your firearm on the indicated date, which comes after 3 business days. We call it, with much irony, your Brady Date and that's federal law.

During this pandemic panic, for reasons we still aren't clear on, Texans who are being delayed are receiving Brady Dates that are 3.5 weeks away, currently mid-April. Despite the Brady Law. NICS is attempting to blame this on state government closures. That's even though Texas government still operating and Texas does not require a state level background check before NICS.

Now, if that wasn't enough, and you knew more was coming, NICS is also 'breaking down' to the point of failure. In fact, the NICS computer system completely cratered Friday afternoon around 4 o'clock. It couldn't even be accessed. This lasted until around 9/10 PM.

As of Saturday morning, FFLs across the county can at least reach the NICS computer system. They just can't log in.

Be glad you have your LTC and can bypass all this nonsense and be glad you are already armed. Your friends and neighbors were not as prepared and now they have to live with those choices and the choices they have made at the ballot box.

Enjoy your weekend my friends.




UPDATE: NICS is now allowing FFLs to log in. Once more, we play our dangerous game, a game of chess against our old adversary — The American Government.

[03Lightningrocks]

[cmgee67]

[howdy]

Just copied this off the computer, "California has a ten (10) day waiting period for all firearm purchases, transfers, and private sales which must be conducted through a federal and state firearm license holder. That is, upon purchase, the purchaser must wait 10 days after the purchase before the firearm is released to the owner."

People there wait is long lines, THEN have to wait ten days to go back and wait in a long line. Thank God for Texas.

[Tex1961]

I’m just curious as to what percentage of those anti-gun people trying to buy right now will in the future vote for or against new gun control laws.

[AdioSS]

A big THANK YOU to whomever set it up so that CHL holders could bypass NICS for individual purchases & transfers.

[jb2012]

I’m just curious as to what percentage of those anti-gun people trying to buy right now will in the future vote for or against new gun control laws.

Most if not all will vote for more gun control laws. I have zero faith.

[SewTexas]

this doesn't make any sense, the law says at most 3 days to reject....nowhere in there does it say 3.5 weeks.
if the rejection doesn't come in 3 days the FFL should make the transfer.

[cyphertext]

this doesn't make any sense, the law says at most 3 days to reject....nowhere in there does it say 3.5 weeks.
if the rejection doesn't come in 3 days the FFL should make the transfer.

It is up to the FFL if they make the transfer or not. When I worked the gun counter at Academy many years ago, their policy was that they would not transfer without an "Approved" from NICs.

[Scott B.]

this doesn't make any sense, the law says at most 3 days to reject....nowhere in there does it say 3.5 weeks.
if the rejection doesn't come in 3 days the FFL should make the transfer.

Any FFL with considerable skin in the game is not going to gamble their federally issued license. FBI says adhere to the Brady Date given. Until there's a clarification, FFL who chose to gamble are risking suspension of their license at a minimum. We believe FBI to be in error, but you can't beat the ride.

[Scott B.]

...and we made it to about 11:30 before NICS became unusable. It hasn't technically crashed, but you can't successfully log in either.

[mrvmax]

When I got my FFL the intent was to learn the business and open a brick and mortar store. Things like this are not known to most people, what seems like simple problems (NICS ongoing issues that never seem to be fixed) can lead to a big loss in sales. It’s not an easy business like most people think. Especially those who complain about transfer fees when they have no idea what it takes to run a firearms business.

[Scott B.]

Amen brother.

[philip964]

Most likely every first time gun buyer in California will not vote for Biden in the fall.

[The Annoyed Man]

this doesn't make any sense, the law says at most 3 days to reject....nowhere in there does it say 3.5 weeks.
if the rejection doesn't come in 3 days the FFL should make the transfer.

Any FFL with considerable skin in the game is not going to gamble their federally issued license. FBI says adhere to the Brady Date given. Until there's a clarification, FFL who chose to gamble are risking suspension of their license at a minimum. We believe FBI to be in error, but you can't beat the ride.

I’m not criticizing, I’m just making sure I understood your reply. Are you saying that you would, or you wouldn’t transfer the gun after three days of no reply from NICS?

2nd question: is there anything specific in the law that allows NICS to unilaterally change the waiting period requirements?