A NICS DELAY...
A Federal Firearms Licensee (FFL) will receive the following instructions when a
call is transferred from the FBI National Instant Criminal Background Check System
(NICS) call center to the FBI NICS Section in an open transaction resulting in a delay:
"--NTN-- will be delayed while the NICS continues its research. If you do
not receive a final response from us, the Brady Law does not prohibit the
transfer of the firearm on ___day/date ___."
The following table specifies the day after a delay response on which a firearm may
be lawfully transferred under federal law if a final determination has not been received
from the NICS (assuming there are no intervening state holidays or closures):
Delay Response On Can Legally Transfer
Under Federal Law On
Monday Friday
Tuesday Saturday
Wednesday Tuesday
Thursday Wednesday
Friday Thursday
Saturday Thursday
Sunday Thursday
If the FFL has not received from the NICS a final determination after 3 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 note “no resolution was provided within 3 business days” on line 19d of the
ATF Form 4473. (Please refer to pages 24 and 25 of the FBI NICS FFL User Manual.)
*Best practice recommendation: In open transactions, the FFLs should record on the ATF
Form 4473 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.
Revised 10/29/04
Applicable Federal Regulations
28 CFR Part 25 - The National Instant Criminal Background Check System
Section 25.6(c)(1)(iv)(B) – Delayed response provided to FFL:
(B) "Delayed" response, if the NICS search finds a record that requires more
research to determine whether the prospective transferee is disqualified from processing a
firearm by Federal or state law. A "Delayed" response to the FFL indicates that the
firearm transfer should not proceed pending receipt of a follow-up "Proceed" response
from the NICS or the expiration of three business days (exclusive of the day on which the
query is made), whichever occurs first. (Example: An FFL requests a NICS check on a
prospective firearm transferee at 9:00 a.m. on Friday and shortly thereafter receives a
"Delayed" response from the NICS. If state offices in the state in which the FFL is located
are closed on Saturday and Sunday and open the following Monday, Tuesday, and
Wednesday, and the NICS has not yet responded with a "Proceed" or "Denied" response,
the FFL may transfer the firearm at 12:01 a.m. Thursday.)
Section 25.2 – Definition of “Open” transaction:
“Open” means those non-canceled transactions where the FFL has not been notified
of the final determination. In cases of “open” responses, the NICS continues researching
potentially prohibiting records regarding the transferee and, if definitive information is
obtained, communicates to the FFL the final determination that the check resulted in a
proceed or a deny. An “open” response does not prohibit an FFL from transferring a
firearm after three business days have elapsed since the FFL provided to the system the
identifying information about the prospective transferee.
Revised 10/29/04
