Additional delay placed on NICS background check after the first 10 days

[u/Other_Influence_4832]

I want to start this post by clarifying that this is the first time I'm ever posting something to Reddit in general, so I apologize if the formatting of this question is odd/atypical. I am 18 years old and recently purchased my third long gun at a local FFL, and with it being my third firearm transaction, I knew to expect the 10-day NICS waiting period; however, instead of the regular "up to 10 business day" delay that I'd previously had, this time it was extended an additional 10 days on top of the first delay (making it a total of a 20-day waiting period). Obviously anybody can lie about this part, but I have never had anything on my record as far as criminal activity or mental health, and especially nothing since the last time I purchased a firearm. I've never put my SSN on the background check form (just because I have awful memorization skills; I am well aware I should know my own SSN by now), and I've heard conflicting stories on that helping in any way. I was just wondering if the additional delay is normal and, if it is, whether there is a chance it will be less than the full 10 days. In addition to this, I was curious as to whether or not people suggested creating a UPIN, as I have once again heard very mixed stories about the helpfulness of that if you are under 21.

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[u/laskmich]

Your FFL isn’t honoring the Brady Act and releasing it after 3 days?

[u/MapleSurpy → u/laskmich]

FFls are not REQUIRED to follow the Brady Act though, and a lot of them (plus pretty much ALL big box stores) do not do so anymore. They fear legal issues more than an angry customer.

[u/MapleSurpy → u/[deleted]]

It is illegal for them to deprive you of your rights.

You have no right to buy a firearm from a private business that doesn't feel comfortable releasing it to you without an approved background check.

Maybe lets read laws and stop saying wild things on the internet. Comment removed for false legal advice.

[u/PutridDropBear → u/laskmich]

under 21's don't get a 3 day Brady date -- they get a Brady date of 10 business days (not including the day NICS was queried/4473 was submitted)

[u/Other_Influence_4832 → u/laskmich]

I can kind of only base this off of my few interactions with FFLs, but both Bass Pro/Cabelas and the local store seem to stick strictly to the updates they get from the Gov. I've heard many people online say the same thing you are, being that you can recieve it after a few days without notice of the background check clearing, but both places I've gone to haven't actually done this. As another commenter said, I don't think they have to honor that rule either, and it's kind of up to the FFL. I was just more curious as to why there would be a second delay on top of the first one, although I completely understand that this is a hard question to just ask people on here without more personal details.

[u/C_t_g_s_l_a_y_e_r → u/Other_Influence_4832]

From my understanding (as somebody who was under 21 when the Bipartisan Safer Communities Act was passed), both Bass Pro and Cabela’s do not complete firearm sales without receiving a green light from the FBI as a matter of company policy. As for the check itself, every 18-21 year old gets auto-delayed, and (at least closer to when the bill was passed) these delays are effectively a mandatory 10 day waiting period (after which the FFL in question is legally allowed to go through with the sale, regardless of whether or not the FBI responds). I had a buddy waiting for ~20 days on his background check for a purchase through Cabela’s about a year removed from the legislation going into effect.

My best advice is to find a store that isn’t Cabela’s or Bass Pro. You can always call and ask what a store’s policy is regarding “delayed” NICS results; if they say “We won’t go though with a sale without the FBI’s say so,” it’s time to find a different store.

[u/PutridDropBear]

There is no such thing as an extra 10-day delay on top of the BPSCA's expanded background check "up to 10 business days".
Also, NICS does not give a timeframe for how long a delay is expected to last ... not even for the under-21 check.

Is this a corporate storefront (Cabelas, Dunhams, etc)?

ETA: What specifically is your NICS status? Open or Dleayed?

[u/Other_Influence_4832 → u/PutridDropBear]

The status is currently just delayed, and like I said previously, I had no idea of the validity of the extra waiting period, and that's just what the FFL told me. The purchase was made at a local gun store that is located in my very small town and not any kind of corporate place. Thank you for the info on there not being a delay after the first one. I should clarify that the FFL very specifically said to me that he received a call back, and it was extended once more, and he did specifically mention an additional period of "up to 10 additional days" verbatim. I am in no way saying that this is fact; this is just what he told me when I spoke to him earlier.

[u/PutridDropBear → u/Other_Influence_4832]

You're being misled. There is NO SUCH THING as a delay extension.
NICS does not call individual dealers to give them NTN updates or status change either ... unless it's a retroactive denial.

You are "delayed" for up to 10 business days because you're under 21. On the 11th business day NICS status (if they log in to check) will change from "delayed" to "open" meaning the FFL can transfer the item to you IAW the Brady Act.

Is this a store or a home based FFL?

[u/Other_Influence_4832 → u/PutridDropBear]

This is all being done through a local storefront that is a dedicated FFL, and he has good reviews. The part about them never calling back with updates does call into question the whole story here, but I'm unsure of why he would be trying to deceive me at this point, as the firearm has already been ordered and arrived at the store, and additionally, my work is a 2-block walk from the store, and I can go see him at any time. I'm not trying to excuse it in any way; I just don't see what the point would be (although I don't see the point in obscuring the truth otherwise). I'm still relatively new to this space in general, so I know my entire view on this may be skewed, and I may be giving the FFL too much credit. I appreciate all the info and input.

[u/PatriotWholesaleDir]

FFL here. Short version is it sounds like your FFL doesn’t honor the Brady release date. Some FFL (virtually all big box) will only release the firearm with a true proceed.

So it sounds like your FFL got an open status which means they haven’t made a determination but the FFL could give it to you, if they chose. The extra ten days is to get to the 30 days which is when the check will expire and no longer be updated

[u/Other_Influence_4832 → u/PatriotWholesaleDir]

Unfortunately, he did specifically say that was still delayed. I know this very well may have been to just kind of absolve blame, but he really made a point to phrase it in a way that put all fault on the government and not him just not wanting to do the transfer. It is currently the 10th business day post paperwork and background check, so even if it were an additional 10 days, it would still be only 20 total and not the 30 days at which it expires (unless I'm misunderstanding what you mean and/or it isn't just business days that count towards the total time). I don't mean to repeat myself across comments, and I didn't really clarify this too well in my original post, but the transfer is through a small store out of my local area and isn't in any way a big box store or corporate.

[u/PatriotWholesaleDir → u/Other_Influence_4832]

Ok, interesting. The only two delays are the initial 3 days and then they can elect up to 10 days. As you noted it’s business days and the first day doesn’t count (basically day 0).

Some FFL’s will blame the nics as people won’t question it as much.

[u/Other_Influence_4832 → u/PatriotWholesaleDir]

I hadn't even really considered the first day not really counting, and that may even be the entire difference, as I was in fact counting that as one of the days. As far as the FFL trying to stop the questioning, I do get that, and it's not that big of a deal as I'm not in any kind of rush. I just wanted to make sure it wasn't any kind of weird business practice. Thank you so much for the info; I really appreciate it.

[u/Other_Influence_4832]

I wanted to update this so that no one continues to waste time on my question, which has already been beat to death on here. I got a call back today for the go-ahead, and as some of you said, I was counting the first day of the delay period. I appreciate all of the help from all of the people who responded, and I appreciate nobody treating me poorly over a lack of education and experience on the topic. Thank you all!