· NICS CHECKS POLICIES ·
NICS Check Required
If you purchase a firearm sold by or to be transferred through us in a face-to-face transaction, and you do not have a valid Texas Concealed Handgun License or Texas License To Carry a handgun, or you do not meet any other exemption to the requirements under Federal Law then ETS ARMS must perform a NICS background check on you. We can transfer multiple firearms in a single transaction but when SEPARATE transactions are made, even in the same business day, a new NICS background check must be performed. There is a $5 fee for the NICS background check itself. A Dealer Transfer Fee of $20 per firearm to be transferred will be charged and is due at the time the NICS background check approves the transfer of your firearm(s).
If the NICS background check provides a response of PROCEED, then you may take possession of the firearm at your earliest convenience within 30 days. When picking up the firearm on a date after you completed Section A of the Form 4473, then you must sign and date the statement in Section C of the Form 4473 for the transaction, which certifies that the answers you gave in Section A of the Form 4473 are still true, correct, and complete. If you fail to pick the firearm up within 30 days a new NICS background check must be run and the process starts all over.
If the NICS background check provides a response of DELAYED, then you may not take possession of the firearm until the NICS response is changed to PROCEED or OPEN. If after 3 business days [ATF’s Business Days] NICS has not returned a response of PROCEED on a DELAYED transaction, then they will change the response automatically to OPEN and we can transfer the firearm to you. Be advised that only means that we can legally transfer the firearm to you without legal ramifications on us and does not mean that the transfer has been approved by NICS. If NICS later determines that you should not have been approved for transfer then they may change their response to DENIED, and we will have no adverse legal consequences since we complied with the background check law. An OPEN response generally stays in the system for 30 days.
If the NICS background check provides a response of DENIED, then you may not take possession of the firearm unless you successfully appeal the NICS response. Federal law prohibits a Federal Firearms Licensee from transferring a firearm to a person who has been DENIED by NICS. You will be charged a Denied Transfer Fee of $35 per firearm on the DENIED transaction and you will be provided with a DENIED TRANSFER NOTICE that will advise you of your options regarding the disposition of the firearm(s) that you were DENIED the transfer of.
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