Delayed… But Legal: My Experience With "The Brady Act" at The Gun Grove ...

When I purchased a firearm online, I had it shipped to The Gun Grove in Macon, Missouri, where it would be legally transferred to me. Like every firearm purchase through a federally licensed dealer, the transfer required me to complete ATF Form 4473, after which my information was submitted through the FBI's National Instant Criminal Background Check System (NICS).

The word "instant" can sometimes be misleading.

Instead of receiving an immediate approval, my background check came back with a single word:

"Delayed"

Many Americans have heard of an instant background check, but fewer understand what happens when the FBI cannot immediately determine whether a firearm transfer should proceed. That's where federal law (commonly referred to as the Brady Act) becomes important.

The Brady Act is named after James "Jim" Brady, the White House Press Secretary who was critically wounded during the 1981 assassination attempt on President Ronald Reagan. Brady suffered life-altering injuries after being shot while standing near the President. President Reagan himself was struck by a bullet that ricocheted off the presidential limousine, while three others were also wounded during the attack.

Years later, Brady became a prominent advocate for federal background checks, leading to passage of the Brady Handgun Violence Prevention Act.

Under federal law, if the FBI does not issue a final determination within the prescribed period, a federally licensed firearms dealer may legally transfer the firearm, although the dealer is not required to do so.

That is exactly what happened in my case.

A full week after my firearm had arrived at The Gun Grove, my NICS status remained Delayed. The Gun Grove, reviewed the law and followed the procedures allowed under the Brady Act. Because the required waiting period had passed without a final determination from the FBI, they legally completed the transfer.

That experience told me something important about the business.

The Gun Grove demonstrated that it takes two responsibilities seriously at the same time: complying with federal firearms laws and respecting the constitutional rights of law-abiding citizens. They didn't ignore the law, nor did they invent restrictions beyond what federal law required. They followed the law exactly as written.

Based on my experience, The Gun Grove is the only firearm dealer I intend to purchase firearms directly from, and it is the only dealer I would choose to receive online firearm transfers in the future.

It is also worth noting that not every firearms retailer handles delayed background checks the same way. Federal law allows (but does not require) a dealer to transfer a firearm after the statutory waiting period if no final response has been received from the FBI. Some retailers choose to wait for an explicit "Proceed" response before completing any transfer, even when federal law would permit otherwise. That is a business policy rather than a federal legal requirement.  Had I purchased a firearm from Walmart, Bass Pro Shops, or other large retailers I would still be waiting for an official approval and not have the firearm that I paid for several weeks ago. 

Every federally licensed dealer has the responsibility to follow the law. My experience at The Gun Grove convinced me that they do exactly that.

For gun owners who value both legal compliance and the protections guaranteed by the Second Amendment, that is a combination worthy of recognition.

I personally want to thank The Gun Grove and I encourage anyone purchasing a firearm to only deal with our home town gun store. The staff are knowledgeable, professional, and very friendly.

Regards Maconites,

R. Dominique - Editor in Chief

maconmoonline.com