Sportsman's Warehouse NICS Policy

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • USA#1

    Marksman
    Rating - 100%
    7   0   0
    Jan 13, 2013
    188
    12
    In the forest
    I attempted to purchase a rifle today at the new store e in Greenwood, and was told that it came back delayed. The employee told me they could hold it for up to 29 days before I would have to start the process all over. I habe never been delayed before, but my understanding has been that they do not always call the FFL back in a timely manner. Also, I thought they could release it after 3 or 4 days of they have not heard anything back on a delay. I called their support howling, and was told they do not have a specific policy on the length of time they hold it. They said it is at the discretion of each local store and guided by local laws. I was going to call the store manager, but apparently they do not have a working phone number for this new store yet. I might have to drive back over there and find the store manager in person to clarify their policy. I think they legally only have to hold it for 3 or 4 days, but I believe some other big bix stores will hold it longer until they get an official apporoval. Does anyone know what their policy is?
     

    USA#1

    Marksman
    Rating - 100%
    7   0   0
    Jan 13, 2013
    188
    12
    In the forest
    Update: I had not heard anything from the store, so I stopped in today to check on the status and get some clarification. I was told their policy is to hold for 5 days on a delay. When they looked it up, it turned out they had recieved a proceed yesterday, but had not called me to let me know. Yesterday was black Friday though, so I can see how that would have happened. Anyway, took the new rifle home today. Just wanted to follow up and let y'all know the rest of the story.
     

    shootersix

    Master
    Rating - 0%
    0   0   0
    Mar 10, 2009
    4,280
    113
    The Brady law says that after 3 business days the firearm can be transferred, but it’s at the dealers discretion, the shop I used to work at let you have it, the “big box” stores had other policies, rural king waited till they had a “resolution” from nics, even if their employees didn’t know the rules (that the paperwork had to be refiled after 30 days, resulting in another delay)

    But the big box stores have “lawyers” who say for your liability, do not let them have it till Nics says yes
     

    DadSmith

    Grandmaster
    Rating - 100%
    1   0   0
    Oct 21, 2018
    22,192
    113
    Ripley County
    The Brady law says that after 3 business days the firearm can be transferred, but it’s at the dealers discretion, the shop I used to work at let you have it, the “big box” stores had other policies, rural king waited till they had a “resolution” from nics, even if their employees didn’t know the rules (that the paperwork had to be refiled after 30 days, resulting in another delay)

    But the big box stores have “lawyers” who say for your liability, do not let them have it till Nics says yes
    My buddy a retired Marine honorable discharge, he had a federal ID because he worked for the federal government, he had a Indiana carry permit. He was delayed by the NICS system.
    Then denied him. He had to challenge them and he sent all his information to them with copies of all his IDs. About 7 months later they gave him a PIN.
    Why did it take that long with all his information sent in? Are they that backlogged from denying proper persons?
     

    WebSnyper

    Maximum Effort
    Rating - 100%
    56   0   0
    Jul 3, 2010
    15,419
    113
    127.0.0.1
    It's not right to deny a person their 2nd Amendment rights without a court trial. One of the reasons I'm against NICS system.
    Not saying it is. But there doesn't seem to be any mandate in the law to handle those who get wrongfully denied in a timely manner like there is on a delay. Expecting the govt to be quick or accurate when not required is a losing proposition.

    That said I agree 100% that denying a right without due process is not right.
     

    DadSmith

    Grandmaster
    Rating - 100%
    1   0   0
    Oct 21, 2018
    22,192
    113
    Ripley County
    Not saying it is. But there doesn't seem to be any mandate in the law to handle those who get wrongfully denied in a timely like there is on a delay. Expecting the govt to be quick or accurate when not required is a losing proposition.
    Then they need to fix that government "loophole" with a small piece of legislation or get rid of NICS system.

    Edit:

    I don't see NICS system going anywhere. The least they can do is fix it so those denied get a faster response.
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    31,687
    77
    Camby area
    You are lucky. I talked to one big box store employee who conveyed a story of a guy who would never get a proceed. And they would never notify the store proactively. So the poor guy spend over a month trying to get his gun before he finally gave up.

    If you get a delayed from a big box, take your money and never go back. Odd are you wont get it. And your dollars are better spent at a small business that follows the law without excessive CYA. It just might be worth that extra $20.
     

    DadSmith

    Grandmaster
    Rating - 100%
    1   0   0
    Oct 21, 2018
    22,192
    113
    Ripley County
    Good luck. "They" are not interested in doing anything decisive or taking a noteworthy stand on anything.
    If the Republicans take both houses of Congress and presidency NRA, GoA etc need to push them to fix or get rid of a lot of the stupid laws they have in place now.
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    31,687
    77
    Camby area
    If the Republicans take both houses of Congress and presidency NRA, GoA etc need to push them to fix or get rid of a lot of the stupid laws they have in place now.
    And if that happens, watch them do little to help us. Mark my words. They really arent interested in the changes we want. They have bigger fish to fry. And besides, there is no money in it for them and their donors. So it wont happen.

    Only a massive takeover by Libertarians would get the fix you (we) want. But I acknowledge that wont happen either.
     

    NHT3

    Grandmaster
    Rating - 100%
    52   0   0
    If the Republicans take both houses of Congress and presidency NRA, GoA etc need to push them to fix or get rid of a lot of the stupid laws they have in place now.
    Nothing wrong with the law.. The 3 day release was the caveat inserted to encourage the government to do their part in a timely manner.. The problem lies with the retailers and their nervous lawyers that refuse to release after 3 days. Pay a few more dollars and support the local shops that follow the law and don't make up rules on when they release a firearm.
    I agree that at the very least NICS needs to be overhauled or dismantled. Until they start prosecuting people for lying on the 4473 NICS is an imposition to every lawful gun owner that is forced to navigate the minefield that NICS has become. It appears NICS is only being used, at this point to discourage legal purchases. If that weren't the case they would prosecute felons that attempt to purchase and lie on the 4473.

    https://thecrimereport.org/2018/09/07/few-prosecutions-for-lying-in-gun-background-checks/
     

    VERT

    Grandmaster
    Rating - 100%
    23   0   0
    Jan 4, 2009
    9,801
    113
    Seymour
    Easy fix for all of this if you get delayed on a regular basis. Just purchase guns from local gun shops. Walmart, rural king, Cabelas/Bass Pro, Sportsman Warehouse all require a proceed. That is their rule and perfectly legal. This has been debated and discussed enough now that it has become another 9 mm vs .45 thread. Personally I agree with their policy, those big box stores simply do not have the resources to deal with what happens if they release a gun and it comes back denied at a later date.

    Again the answer is don’t buy guns from big box stores.
     
    Rating - 0%
    0   0   0
    Jul 7, 2021
    2,626
    113
    central indiana
    I'm not aware of any consequence to the Big Box Store for following the law. Three days, without NICS response, law says it's a go legally. Also not mentioned is the erroneous
    "restocking fees" placed on a buyer who is delayed or denied. Cough, Fort Liberty, cough.
    I'm sure each store has their own policy, but charging 10% for an incomplete sale is insulting and flies in the face of the store's name. Odd, a baker 'must bake the cake'. Photographer 'must take the photos'. The Big Box Store, and small independents, can 'break it off' in an orifice while still earning a profit on a sale that didn't happen.
     

    tbhausen

    Master
    Site Supporter
    Rating - 100%
    83   0   0
    Feb 12, 2010
    4,927
    113
    West Central IN
    I'm not aware of any consequence to the Big Box Store for following the law. Three days, without NICS response, law says it's a go legally. Also not mentioned is the erroneous
    "restocking fees" placed on a buyer who is delayed or denied. Cough, Fort Liberty, cough.
    I'm sure each store has their own policy, but charging 10% for an incomplete sale is insulting and flies in the face of the store's name. Odd, a baker 'must bake the cake'. Photographer 'must take the photos'. The Big Box Store, and small independents, can 'break it off' in an orifice while still earning a profit on a sale that didn't happen.
    Hell of a good point you make.
     

    marvin02

    Don't Panic
    Site Supporter
    Rating - 100%
    56   0   0
    Jun 20, 2019
    5,214
    77
    Calumet Twp.
    From this document:


    The 1993 Brady Act, which created NICS, allows, but does not require, an FFL to legally transfer the firearm if the transaction is not resolved within three business days.

    And from this document:


    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).


    So, the law does not require any FFL to release the firearm after 3 business days, it says that they MAY release the firearm at their discretion.

    The places that wait for a final determination are not breaking the law.

    It would be advisable to ask what the store policy is before making your purchase. Just like with any other transaction it is best to know all of the details before agreeing to it. No one is forced to buy from stores with policies they do not agree with.

    I have a hard time believing that there are still experienced gun owners who aren't aware that an FFL is not required to release a firearm after 3 business delays if a delay is not resolved and that many larger stores that sell guns wait for a final determination before releasing a firearm.
     
    Top Bottom