FFL Background Check & NICS Procedures 2 — Questions and Answers
Question 1: How long does an FFL have to wait for a NICS response before the transfer may proceed by default (the 'Proceed by Default' rule)?
- 24 hours
- 3 business days (Correct answer)
- 5 business days
- 7 calendar days
Correct answer: 3 business days
If NICS does not provide a Proceed or Deny response within 3 business days, the FFL may lawfully complete the transfer at their discretion.
Question 2: Which of the following is the correct NICS Transaction Number (NTN) format that an FFL must record on the ATF Form 4473?
- A 10-digit alphanumeric code issued by NICS (Correct answer)
- The transferee's Social Security Number
- The FFL's license number followed by the date
- A sequential number the FFL assigns internally
Correct answer: A 10-digit alphanumeric code issued by NICS
NICS issues a unique NTN (alphanumeric) for each transaction, and FFLs must record it on the Form 4473 in the NICS response section.
Question 3: A NICS check returns a 'Delay' response. What does this mean for the FFL?
- The transfer is permanently denied and must be stopped
- NICS needs more time to research the potential disqualifier before making a determination (Correct answer)
- The FFL must contact the purchaser's local law enforcement for clearance
- The FFL may proceed immediately after verifying the buyer's ID a second time
Correct answer: NICS needs more time to research the potential disqualifier before making a determination
A 'Delay' means NICS has found a potential disqualifying record and is researching it; the FFL must wait up to 3 business days before optionally proceeding.
Question 4: Under what circumstance is an FFL NOT required to initiate a NICS background check before transferring a firearm?
- When the buyer presents a valid concealed carry permit from any state
- When the buyer is a law enforcement officer
- When the transfer is between two licensed FFLs (Correct answer)
- When the firearm is an antique manufactured before 1899
Correct answer: When the transfer is between two licensed FFLs
Transfers between two licensed FFLs (licensee-to-licensee) are exempt from NICS because the receiving FFL is itself a licensed dealer subject to ATF oversight.
Question 5: Which agency operates the NICS system used by FFLs to conduct firearm background checks?
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Department of Homeland Security (DHS)
- Federal Bureau of Investigation (FBI) (Correct answer)
- Drug Enforcement Administration (DEA)
Correct answer: Federal Bureau of Investigation (FBI)
The FBI's Criminal Justice Information Services (CJIS) Division operates the NICS system under the Brady Handgun Violence Prevention Act.
Question 6: A buyer presents a state-issued permit to purchase a handgun. Under what condition can this permit exempt the FFL from running a NICS check?
- Any state-issued firearm permit automatically exempts the buyer from NICS
- Only if the ATF has determined the permit qualifies as a NICS alternative and the permit was issued within the last 5 years (Correct answer)
- Only if the permit was issued within the last 30 days
- Only if the permit was issued by the FBI
Correct answer: Only if the ATF has determined the permit qualifies as a NICS alternative and the permit was issued within the last 5 years
A state permit can substitute for NICS only if the ATF has certified it as a qualifying alternative and it was issued within the preceding 5 years.
Question 7: When a NICS check results in a 'Proceed,' how long does the FFL have to complete the transfer before the NICS approval expires?
- 24 hours
- 72 hours
- 30 calendar days (Correct answer)
- 90 calendar days
Correct answer: 30 calendar days
A NICS Proceed approval is valid for 30 calendar days; if the transfer is not completed within that window, a new NICS check must be initiated.
FFL Background Check & NICS Procedures 2
How long does an FFL have to wait for a NICS response before the transfer may proceed by default (the 'Proceed by Default' rule)?