When buying a gun, a background check is required. This process can vary depending on factors such as the state of residence and the type of gun being purchased. Here’s a look at how long it typically takes for a background check to clear when buying a firearm and what factors can influence the timing.
Understanding Background Checks for Gun Purchases
The background check process for buying a gun was put in place to make sure that firearms only go to people who are legally allowed to own them. This includes verifying information such as any criminal record, mental health history, and other legal disqualifications. In the United States, the main system used is called the National Instant Criminal Background Check System, or NICS, which was launched by the FBI in 1998.
How the NICS Process Works
When a person decides to buy a firearm from a licensed dealer, the dealer submits their information to the NICS. This information includes things like the buyer’s full name, date of birth, and sometimes even fingerprint details. The NICS then checks this data against a wide range of databases to identify any potential disqualifying factors.
- Immediate Response: In some cases, the NICS system can give an immediate response to the dealer, clearing the person to purchase the firearm on the spot.
- Delayed Response: If the NICS finds information that requires further investigation, it may flag the application as “delayed.” This means the background check could take a bit longer as agents need time to verify the data or reach out to other agencies.
- Denied Response: If the check finds a definite disqualification, the buyer will be denied the purchase.
Average Time for a Gun Background Check
In most cases, background checks for firearms can be completed almost instantly, taking only a few minutes if everything is clear. However, if there’s a delay, it could take up to three business days.
According to federal law, if the background check is not completed within this three-day period, the gun dealer has the legal right to proceed with the sale, though some dealers might still choose to wait for a final response.
Factors That Can Delay Background Checks
Several things can delay a background check, even if the buyer believes they have a clean record. Here are some reasons a background check may take longer than usual:
- Common Names: If a person has a very common name, like John Smith, the NICS may need to do extra verification to make sure they don’t mix up records. This can cause delays in processing the background check.
- Previous Addresses or Job Changes: If someone has lived in multiple states or has changed jobs often, it may require more time to verify all their records.
- Incomplete Records: Sometimes, law enforcement agencies may not have fully updated their databases. If there is an incomplete record or missing information, the background check may be delayed while agents attempt to gather more data.
- Pending Court Cases or Warrants: If a buyer has any pending court cases or unresolved warrants, this may complicate the background check process.
- System Overloads: During peak times or in certain states, background check systems may experience high demand. This can slow down the time it takes for checks to go through.
Are Background Checks Required for Every Gun Purchase?
Federal law requires background checks for gun purchases made through licensed dealers, but private sales between individuals do not always require checks, depending on the state. However, many gun owners choose to go through a licensed dealer even for private sales to ensure they follow all legal guidelines.
Background Checks for Handguns vs. Long Guns
In some states, background checks can take longer for handguns than for rifles or shotguns. Some states have stricter requirements for handguns, which means there may be additional forms and verification needed. For example, in states with waiting periods, such as California, buying a handgun may include a mandatory waiting period that adds to the overall time required.
Getting a Gun in Different States
The time it takes to complete a background check can vary greatly depending on the state. Some states have their own additional processes for gun purchases, which may involve longer waiting periods or extra steps in the background check.
- California: California has one of the strictest systems for gun background checks. Buyers must go through a waiting period of 10 days, regardless of whether the NICS clears them instantly.
- Florida: Florida requires a mandatory three-day waiting period for handguns, although rifles and shotguns may be cleared quicker.
- Illinois: In Illinois, buyers need a Firearm Owner’s Identification (FOID) card, which requires a separate background check. This extra requirement can lead to longer wait times.
- Texas: In Texas, background checks are typically straightforward and fast, but some gun stores may have their own policies that affect the timeline.
Can Background Checks Be Skipped?
In general, licensed dealers must complete a background check for every purchase, but there are a few exceptions, such as for law enforcement officers or those with concealed carry permits. Many states also have laws allowing people with certain permits to skip checks for subsequent purchases, as they have already passed an in-depth background check.
Final Thoughts: What to Expect When Buying a Gun
Most gun purchases go smoothly, with background checks completed within minutes. However, some buyers may experience delays due to factors like name confusion, pending issues, or high demand. To ensure the smoothest experience possible, buyers can ensure their personal records are accurate and free of errors. Checking with a reliable dealer like JB Armament LLC a veteran-owned gun store in New Bern offering a variety of firearms, silencers, and accessories can also help simplify the process. They provide guidance on requirements, as well as reliable customer service, making them a great choice for firearm purchases.
To learn more about buying a firearm, visit JB Armament LLC or call (252)-276-5962 to get personalized assistance with any questions regarding the background checks, silencers, or firearm accessories.
