How to Handle a NICS Delay: The FFL Dealer's Complete Guide
Your customer has filled out their 4473. You've verified their ID, entered the firearm information, and submitted the background check. Instead of "Proceed," the response comes back: Delayed.
Now what?
If you're an experienced FFL, you've seen this hundreds of times. But "experienced" doesn't mean "bulletproof." The NICS delay process has specific rules, timelines, and compliance traps that trip up even veteran dealers — especially after the 2022 form revisions added new provisions for transferees under 21. Handling a delay incorrectly can result in a transfer to a prohibited person, an ATF violation, or both.
This guide covers everything the dealer needs to know — not the buyer, the dealer — about managing NICS delays from the moment the response comes in to the final resolution.
What a NICS Delay Actually Means
A delay response from the National Instant Criminal Background Check System means the FBI (or your state point of contact) has found information in the system that requires additional research before a proceed or deny decision can be issued. The buyer's information has matched against records in the National Crime Information Center (NCIC), the Interstate Identification Index (III), or the NICS Indices, but the match isn't definitive enough to issue an immediate proceed or deny.
This is not a denial. It is not an indication that the buyer is prohibited. It means the system needs more time.
According to FBI data, approximately 8–10% of all NICS checks result in a delay. Of those, the vast majority ultimately resolve as "Proceed." A meaningful percentage resolve as "Deny," and a smaller number expire without a final determination. Understanding how each of those outcomes affects your obligations as the transferring FFL is the core of delay management.
The 3-Business-Day Transfer Window
This is the single most important rule in delay management, and it's the one that causes the most confusion and the most compliance risk.
Under the Brady Handgun Violence Prevention Act, when a NICS check results in a delay, the FBI has three business days from the date of the initial contact to provide a final determination. If three business days pass and the FBI has not issued a proceed or deny response, federal law permits — but does not require — the FFL to transfer the firearm.
Read that again: permits, not requires. You are legally allowed to complete the transfer after three business days with no response. You are not legally obligated to do so. This is an FFL discretion decision, and it's one of the most consequential decisions you'll make in your business.
How to Count the Three Days
The three-business-day clock starts on the day after the NICS check is initiated. Business days do not include weekends, federal holidays, or days when state offices are closed (if your state uses a state point of contact).
Example: You submit a NICS check on Monday. The three-business-day window is Tuesday, Wednesday, Thursday. If no response has been received by the close of business Thursday, you may transfer the firearm on Friday.
Example: You submit a NICS check on Friday. The three-business-day window is the following Monday, Tuesday, Wednesday. If no response has been received by the close of business Wednesday, you may transfer on Thursday.
The E4473 platform calculates the eligible transfer date automatically and displays it on the delayed transaction record. There's no manual counting, no guessing, no risk of miscalculating around holidays. The system does the math for you.
The Risk of Transferring After Three Days
Here's what the FBI doesn't advertise: the three-business-day window is a legal authorization, not a safety guarantee. The FBI continues to research delayed transactions beyond the three-day window. If the research ultimately determines that the buyer is a prohibited person and the FFL has already completed the transfer, the result is what the FBI calls a "firearm retrieval referral" — the ATF is notified that a prohibited person received a firearm.
According to publicly available data, thousands of firearm retrieval referrals are generated each year from transactions where the FFL transferred after the three-day window expired.
This doesn't mean you violated the law — you had legal authority to transfer. But it does mean a prohibited person now has a firearm, the ATF knows about it, and your store name is attached to the transaction. It's not a compliance violation, but it's not a situation any responsible dealer wants to be in.
Best practice: Many FFLs adopt a policy of waiting beyond three days — five, seven, or even ten business days — before transferring on a delay. Others adopt a policy of never transferring on a delay and requiring the customer to wait for a final determination. Both approaches are legal and defensible. The right policy for your business depends on your risk tolerance, your customer base, and your state's specific requirements.
Some states have laws that override the federal three-day provision. Several states prohibit FFLs from transferring on a delay until a final determination is received, regardless of how many business days have passed. Know your state law.
Recording the Transfer on the 4473
If you do transfer after three business days with no response, the 4473 must document this correctly. On the current form (revised December 2023):
In Section C, Question 27.c, check the "Delayed" box and enter the date on which the firearm may be transferred if the time period is not extended. This is optional on the form itself, but filling it in creates a clear compliance record showing you calculated the window correctly.
If you proceed with the transfer based on the three-day expiration, the transferor certification in Section E affirms that the transfer is within the requirements of the law. Your signature and date confirm the transfer occurred on or after the eligible date.
With E4473, the delayed transaction is flagged in your dashboard, the eligible transfer date is calculated and displayed, and the system guides you through the correct fields when you're ready to finalize. No manual date calculations, no guesswork about which boxes to check.
Under-21 Delays: The Extended Timeline
The Bipartisan Safer Communities Act of 2022 created an additional delay provision for transferees under 21 years of age. This is one of the most commonly misunderstood provisions in current firearms law, and it adds significant complexity to the delay management process.
How It Works
When a NICS check on a buyer under 21 results in a delay, the standard three-business-day window applies initially. However, if NICS notifies the FFL within those three days that additional time is needed to investigate a possible disqualifying juvenile record, the delay is extended.
The extended delay gives NICS up to 10 business days from the date of the initial delay to complete the investigation. During this extended period, the FFL cannot transfer the firearm — the standard three-day transfer authorization does not apply when an under-21 extension is in effect.
Recording the Extended Delay
On the 4473, Section C, Question 27.d includes specific fields for under-21 extended delays:
"Notice of additional delay of transferee under 21 years of age received on _______ (date), and may be transferred on _______ (date)."
A separate checkbox for "No response was provided within 10 business days after additional delay for transferee/buyer under 21 years of age."
If 10 business days pass after the extended delay notification with no final response, the FFL may transfer the firearm — the same discretionary authorization that applies to the standard three-day window.
The Compliance Trap
Here's where dealers get into trouble: if a buyer is under 21 and receives a standard delay (with no under-21 extension notice), the regular three-day rule applies. The extended timeline only applies if NICS specifically notifies the dealer that additional time is needed to investigate a juvenile record.
The distinction matters because some dealers apply the 10-day window to all under-21 delays, which isn't required. Others miss the under-21 extension notice and transfer after three days, which is a violation if the extension was properly communicated.
E4473 tracks the buyer's age automatically from their date of birth on the 4473. When an under-21 delay occurs, the system flags the transaction for the extended timeline provisions and prompts the dealer through the correct workflow — including recognizing whether the extension was triggered or whether the standard three-day window applies.
What to Do When a Delayed Proceed Comes In
When a delay resolves as "Proceed," you're clear to complete the transfer — with one important caveat.
The 30-Day Rule
A NICS check is only valid for 30 calendar days from the date the buyer's information was initially submitted. If the delayed proceed comes back within 30 days, you can transfer the firearm using the original 4473.
If more than 30 days have passed since the original NICS submission, the proceed is no longer valid. The buyer must recertify their eligibility, and a new NICS check must be initiated. On the current 4473 form, this involves the buyer completing a new certification and the dealer resubmitting through NICS.
This situation arises more often than you'd expect. A NICS delay that drags on for weeks — especially those involving state point of contact systems with significant backlogs — can easily push past the 30-day mark. If the proceed finally comes in on day 35, you cannot transfer on the original check.
Recording the Proceed
When the delayed proceed comes in, record the final response in Section C, Question 27.d: check the "Proceed" box and enter the date the response was received. If the transaction was initially denied and later overturned, also check the "Overturned" box and, if provided, attach the overturn certificate.
With E4473, the system updates the transaction status automatically when you enter the resolution. If the 30-day window has expired, the system alerts you and initiates the recertification workflow rather than allowing a finalized transfer on an expired check.
What to Do When a Delayed Deny Comes In
If the delay resolves as "Denied," the transaction cannot proceed. Full stop.
If the Firearm Has NOT Been Transferred
This is the straightforward scenario. The firearm stays in your inventory. The 4473 is retained as a denied transaction (minimum 5-year retention requirement). You inform the customer that the transaction has been denied by NICS.
You are not required to tell the customer why they were denied — and you shouldn't, because you don't know. The FBI's denial is based on records you don't have access to. Direct the customer to the FBI's NICS Section to request the reason for their denial and information about the appeal process.
The customer can challenge the denial through the FBI's Appeal Services Team (AST). If the denial is overturned, NICS will issue a "Proceed" response, and you can complete the transfer (subject to the 30-day rule). E4473.com has a detailed guide on the 4473 denial appeal process you can share with customers.
If the Firearm HAS Already Been Transferred
If you transferred the firearm after the three-business-day window and the deny comes back afterward, you have a serious situation. You've legally transferred a firearm — you were authorized to do so — but NICS has now determined the buyer is a prohibited person.
The FBI will generate a firearm retrieval referral and send it to the ATF. An ATF agent may contact you to verify the transaction details. The ATF will then attempt to retrieve the firearm from the buyer.
Your obligation as the dealer: cooperate fully with the ATF, provide the transaction records, and document everything. You are not in violation of the law — you transferred under legal authority. But this is exactly the scenario that makes many FFLs adopt a policy of extended wait periods beyond the three-day minimum.
Managing the Customer Conversation
The delay itself isn't just a compliance event — it's a customer service moment. How you handle the conversation determines whether the customer walks away frustrated or understanding.
What to Say
Be honest and matter-of-fact. "The background check came back with a delay, which means the system needs additional time to process your information. This happens to approximately one in ten buyers and is usually resolved within a few days. It's not a denial."
Set expectations. "We'll contact you as soon as we receive a final response. If the system doesn't respond within [your store's policy window], we'll discuss your options at that point."
Don't speculate. Never guess at why a customer received a delay. Common causes include similar names matching against records, incomplete disposition data in state criminal justice systems, old records with missing case outcomes, and military records. None of these mean the buyer is prohibited, and speculating can create legal issues for both you and the customer.
What NOT to Say
Don't tell the customer they can "come back in three days and pick it up." The three-day transfer window is your legal option as the dealer, not the customer's right. Whether you exercise that option is a business decision based on your store's policy.
Don't tell the customer "it'll probably go through." You don't know that, and if it doesn't, you've set an expectation you can't meet.
Don't discuss other customers' delay experiences. Every transaction is different, and sharing anecdotes about how "this happens all the time and it always goes through" can create liability if this particular transaction doesn't.
Building a Delay Management Policy
Every FFL should have a written delay management policy. This isn't just best practice — it's your defense during an ATF inspection. A documented, consistently applied policy demonstrates systematic compliance, which is the opposite of the "willful neglect" standard the ATF uses to pursue revocation actions.
Your policy should address:
Transfer window. Will you transfer after the federal three-business-day minimum, or will you impose a longer waiting period? Many FFLs use five business days. Some use seven or ten. Some never transfer on a delay. Pick a policy and apply it consistently.
Customer notification. How will you contact the customer when the delay resolves? Phone, text, email? How many attempts will you make before treating the transaction as abandoned?
Under-21 procedures. How will you handle the extended delay provisions? Make sure every employee understands the difference between a standard delay and an under-21 extended delay.
Abandoned transactions. What happens if a customer never returns after a delay? How long do you hold the firearm? What are your store's policies on deposits and restocking?
Documentation. How will you document your delay management decisions? With E4473, every delay is logged with timestamps, status updates, and resolution records. The system creates the audit trail automatically — your policy just needs to define the decisions the system will track.
State-specific requirements. If your state has laws that modify the federal transfer window (several states do), your policy must reflect the state requirement, not the federal default.
How E4473 Simplifies Delay Management
Managing NICS delays on paper is an exercise in manual tracking, handwritten notes, calendar counting, and hoping nothing falls through the cracks on a busy Saturday. One miscounted business day, one missed under-21 extension, one forgotten 30-day expiration, and you've got a compliance problem.
E4473 with Bravo Store Systems eliminates the manual tracking entirely:
Automatic transfer date calculation. The system calculates the three-business-day (or 10-business-day for under-21 extensions) transfer window and displays the earliest eligible transfer date. No calendar counting. No holiday guessing.
Delayed transaction dashboard. Every pending delay is visible in a centralized queue. Nothing gets lost in a stack of paper 4473s waiting for a callback.
30-day expiration tracking. The system monitors the 30-day validity window and alerts you before a delayed proceed expires, preventing transfers on stale NICS checks.
Under-21 flagging. The buyer's age is calculated automatically from their date of birth. Under-21 delays trigger the extended timeline workflow without the dealer having to remember to check.
Resolution recording. When the final NICS response comes in — proceed, deny, or no response — the system guides you through the correct 4473 fields and updates the transaction record with a full audit trail.
Bound book integration. Because E4473 is natively integrated with Bravo's electronic A&D book, the disposition only posts when the transfer is actually completed. There's no risk of logging a disposition for a firearm that's still sitting in delay limbo.
Common Delay Scenarios and How to Handle Them
Scenario: Customer gets delayed on a Friday afternoon. The three-business-day clock starts Monday. The window runs Monday, Tuesday, Wednesday. Earliest possible transfer (if no response) is Thursday. If your store policy adds additional days, adjust accordingly.
Scenario: Delay resolves as "Proceed" on day 28. Transfer is valid — you're within the 30-day window. Record the proceed in Section C, Question 27.d with the date received, and complete the transfer.
Scenario: Delay resolves as "Proceed" on day 35. The original NICS check has expired. The buyer must recertify, and you must initiate a new NICS check before transferring.
Scenario: Under-21 buyer gets delayed, then receives an extension notice on day 2. The standard three-day window is replaced by the 10-business-day extended window. Do not transfer until the extended period expires or a final response is received.
Scenario: Customer wants to buy a second firearm while the first is in delay. Each transaction requires its own 4473 and its own NICS check. The delay on the first transaction has no bearing on the second. However, if both transactions proceed, a multiple sale report (Form 3310.4) may be required depending on the firearm types and timing.
Scenario: Customer gets delayed, leaves the store, and calls three months later asking about the gun. The 30-day NICS window has long expired. The original 4473 cannot be used for the transfer. The customer must come in, complete a new 4473, and undergo a new NICS check.
Tired of managing NICS delays with sticky notes and calendar math? Schedule a free demo to see how E4473 automates your entire delay management workflow, or email us at hello@e4473.com.
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