The Solution to Delayed Background Checks

Published on October 31, 2023
Duration: 0:59

This video from GUNBROS, featuring an experienced instructor, explains the nuances of delayed NICS background checks in Kansas. It clarifies that a delay does not automatically mean a denied sale and details how the Brady Date process allows for legal firearm transfer after three business days if no denial is issued. The instructor also highlights the differing policies between large retailers and smaller gun shops regarding this process.

Quick Summary

Under the Brady Law, a firearm sale can proceed after a 'delayed' NICS background check if the dealer has not received a denial within three business days. This is known as the Brady Date. While many smaller gun shops honor this, some large retailers may require an explicit 'proceed' from NICS, leading to differing transfer policies.

Chapters

  1. 00:00Background Check Delays Explained
  2. 00:14Kansas State Rules & Brady Date
  3. 00:29The Brady Date Process Explained
  4. 00:48Retailer Transfer Policies

Frequently Asked Questions

What is the Brady Date in firearm sales?

The Brady Date refers to the three business days allowed under the Brady Law. If the NICS background check system doesn't issue a denial within this period, the firearm dealer can legally transfer the firearm to the buyer, provided no other prohibiting factors exist.

Can a firearm sale proceed if the NICS check is delayed?

Yes, under the Brady Law, if a NICS background check status is 'delayed' and the dealer has not received a denial within three business days, the sale can legally proceed. This is often referred to as the Brady Date process.

Do all gun stores follow the Brady Date rule?

No, policies vary. While many smaller gun shops adhere to the three-day Brady Date rule, allowing transfer after a delay if no denial is issued, some large retailers may insist on an explicit 'proceed' from NICS before completing the sale.

What does a 'delayed' NICS status mean for a buyer in Kansas?

In Kansas, a 'delayed' NICS status does not automatically mean the sale is denied. It signifies that further review is needed, but under the Brady Date provisions, the sale may still proceed after three business days if no denial is received.

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