Gun purchase delay...

**Crazee** · October 8th, 2010, 12:09 AM

Ok I went to make a trade on a S&W 357.. My check comes back delayed.. I have no record and have had two state and FBI checks done for work in the last 6 months.. I have been delayed once or twice in the past, the thought is my name is common.. However the approval always came back quickly. This time its been a week today.. The next issue the shop owner says he can only transfer it to me if he gets approval?? I thought they only had 3 days? Does PA have a law that overrides the federal law?

**PoconoJo** · October 8th, 2010, 08:03 AM

The first time I bought a gun in PA I was in "indetemined" status for THREE MONTHS. I had a clean record, had bought numerous firearms in a previous state and could not for the life of me understand what the heck was going on. I finally got a letter from them stating that I was NOT prohibited from buying firearms in PA and take the letter to the FFL who after 3 months was still holding the gun.

Since then I have purchased several more guns and although my hold time on the phone tends to be slightly longer than usual (5-15 minutes) I have not had a problem.

Bottom line, you might as well relax. If you're clean, you'll be approved.

**Crazee** · October 8th, 2010, 10:29 AM

I should not be having a problem now.. I have a C.C.L., and as stated above I have had two state and federal background checks for work in the last 6 months.. But that is not what I am asking.. What I am trying to find out is about PA specific laws applying to the background check.. From everything I've read they can sell the firearm to me after 3 days unless PA law prohibits it.. I will not be waiting 3 months, I would have long taken action before that time elapse.

"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."

**twoeggsup** · October 8th, 2010, 12:05 PM

The is a stickie in the General forum where this post should probably be that say http://forum.pafoa.org/general-2/585...g-selling.html

"Concealable weapons (Handguns, rifles/MGs with a barrel less than 16", shotguns with a barrel less than 18", and AOWs) MUST be transferred through a FFL (Or Sheriffs Dept), and the PICS must be performed on the buyer before sale is completed. Age for transfer of the above weapons at an FFL is 21."

There is also some information about PICS from the PSP that says up to 15 days for a determination if you are put in 'research' and a link to information about a 'challenge'.