NICS Background Check Guide for FFLs: Delays, Denials, and the 3-Day Rule
The complete FFL guide to NICS background checks — how to handle delays, denials, the 3-business-day proceed rule, state POC systems, and the documentation that keeps you compliant.
How NICS Works: The FFL's View
When a customer completes a Form 4473 and presents valid identification, the FFL initiates a background check by submitting the buyer's identifying information to NICS. The submission can be made by phone (calling the FBI NICS Operations Center) or electronically through the NICS E-Check system.
NICS queries multiple databases simultaneously: the National Crime Information Center (NCIC), the Interstate Identification Index (III), and the NICS Index — a database maintained specifically for background check purposes containing records of individuals prohibited from possessing firearms.
NICS-related violations consistently appear among the top ATF compliance findings. Not because dealers intentionally circumvent checks, but because the procedures for handling non-standard outcomes are complex, time-sensitive, and poorly documented in many operations.
The Three NICS Responses
Proceed
NICS found no prohibiting records. The FFL may complete the transfer immediately. Record the NICS Transaction Number (NTN), the date, and "Proceed" on the Form 4473. A "Proceed" is valid for 30 calendar days. If the buyer doesn't pick up within 30 days, a new check is required.
Delayed
NICS found a potential matching record requiring additional research. The FBI needs more time to determine eligibility. This triggers the 3-business-day rule — covered in detail below.
Denied
The buyer is prohibited from receiving a firearm. The transfer cannot be completed. Record the denial on the 4473, retain the form, and do not transfer. Under the NICS Denial Notification Act, the FBI notifies state and local law enforcement of every denial.
Do not destroy or discard a denied 4473. These forms must be retained just like completed transfers — for the life of your license.
The 3-Business-Day Rule
When NICS returns "Delayed," the FBI has three business days to provide a final determination. If no response comes within that window, the FFL may — but is not required to — proceed with the transfer. This is the "default proceed" or "Brady date."
How to Count the Three Days
The clock starts the day after the check was initiated. Business days exclude Saturdays, Sundays, and federal holidays.
- Monday check → Day 1 = Tuesday, Day 2 = Wednesday, Day 3 = Thursday. May proceed Friday.
- Thursday check → Day 1 = Friday. Weekend doesn't count. Day 2 = Monday, Day 3 = Tuesday. May proceed Wednesday.
- Wednesday before a holiday → The holiday doesn't count as a business day. Adjust accordingly.
"May Proceed" Is Not "Must Proceed"
Many FFLs choose to wait for a definitive response rather than exercising the default proceed. If you transfer under default proceed and the FBI later returns "Denied," the ATF will ask you to retrieve the firearm. You're not legally liable if you followed procedures — but it creates complications.
Whatever your policy, document it, apply it consistently, and train your staff on it.
State Point-of-Contact (POC) Systems
Thirteen states operate as full or partial points of contact for NICS checks. In full POC states, the FFL contacts a state agency instead of the FBI. The state queries NICS plus additional state databases.
Procedures, response times, and terminology may vary. Some states use "Approved" instead of "Proceed." Some have different rules regarding the 3-business-day default proceed — a few prohibit it entirely.
California, Colorado, Connecticut, Florida, Hawaii, Illinois, Nevada, New Jersey, Oregon, Pennsylvania, Tennessee, Utah, and Virginia. This list can change — verify with ATF or your state agency.
NICS Checks for NFA Items
NFA transfers involve two background checks: one during the Form 4 approval process (conducted by the FBI) and one at the point of physical transfer (the standard NICS check with the 4473). An exception under 27 CFR 478.102(d)(1) may exempt the second check — but the 4473 must still be completed.
Documentation Best Practices
- On the Form 4473: Complete Questions 27.a–27.e fully. Record the date, NTN, initial response, any subsequent responses, and their dates.
- In your A&D book: Include the NICS transaction number in the disposition entry.
- In a NICS log (recommended): Track initiation dates, 3-day calculations, final responses, and transfer decisions.
- Staff training: Every employee who initiates checks needs to understand response types, counting methods, your default-proceed policy, and documentation requirements.
Handling Common Scenarios
- "Why was I delayed?" — You don't know. NICS doesn't disclose reasons to the FFL. Explain that additional research is being conducted.
- Customer wants to cancel a delayed transaction. — They can. Mark the form as not completed and retain it.
- "Denied" received after default proceed transfer. — Cooperate with ATF on retrieval. Contact the customer. Document everything. Not a violation if you followed procedures.
- NICS is down. — You cannot transfer firearms. There is no workaround. Wait for the system.
Building a NICS Policy for Your Store
Every FFL should have a written NICS policy covering: how checks are initiated, who is authorized, your default-proceed position, how delays are tracked, how customers are notified, how documentation is completed, and how denials are handled.
Write it down. Post it. Review it annually. A written policy demonstrates to inspectors that your operation takes NICS compliance seriously.
E4473's digital platform auto-populates NICS transaction data, tracks the 3-business-day window for delayed checks, and ensures every field in Section C is completed before the form can be finalized. No missed NTNs, no blank dates, no documentation gaps. Schedule a demo →
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