Below The Radar: Background Check Completion Act of 2020

[jdege]

https://www.ammoland.com/2020/07/below-the-radar-background-check-completion-act-of-2020/#axzz6U6GGUX9P
Below The Radar: Background Check Completion Act of 2020

Under current law, if NICS cannot be completed in three business days, a federally licensed dealer can still transfer a firearm. While the setup of NICS is not ideal, the current setup has several points that make it much fairer than various licensing and waiting period schemes:

• It presumes that someone seeking to buy a firearm is law-abiding.
• It places the burden to deny a firearms transaction on the government.
• It also does not subject someone trying to exercise their rights into an indefinite wait.

Blumenthal’s bill changes that. It removes the three business day limit on a delay. In other words, if there is a delay for whatever reason (NICS is down, confusion), a law-abiding citizen is denied the right to purchase a firearm until the delay gets resolved, and without the time limit, that can be potential for some serious, life-threatening abuse.

They're still at it.

[Bearcatrp]

They can go f*&k themselves. The senate republicans won't let it pass!

[smurfman]

We won't complete the sale of a firearm until a "Proceed" response is given by the FBI. Not sure how true, but I was told this was due to a ruling/decision that shifted the responsibility to the seller to retrieve the firearm in the event a "Denied" response came back after 3 days. I would be likely to believe it is more a civil legality or public relations issue in the event said firearm was used in a crime by a buyer who was later denied.

[mrp]

We won't complete the sale of a firearm until a "Proceed" response is given by the FBI. Not sure how true, but I was told this was due to a ruling/decision that shifted the responsibility to the seller to retrieve the firearm in the event a "Denied" response came back after 3 days.

That seems unlikely. I can't imagine any FFL doing anything other than reporting it:

https://www.atf.gov/firearms/qa/what-if ... -days-have

Like a few sheriffs who think they can get around the 30 day application window by simply not accepting applications, there is talk of redefining the "three business days" requirement for an answer to only mean days that they want to consider business days rather than the normal M-F, excluding federal holiday, definition.

[Bitter Bastard]

...Not sure how true, but I was told this was due to a ruling/decision that shifted the responsibility to the seller to retrieve the firearm in the event a "Denied" response came back after 3 days...

I heard a local NFA dealer say the same thing - THEY were now responsible for retrieving any gun they let go before NICS came back, if it eventually came back with a deny. That just sounds dumb but I can totally see that as a back-door way for the feds to essentially expand NICS to "don't proceed without a proceed" without a needing new law.


Bitter Bastard