You walk into a gun store, fill out your Form 4473, hand over your ID, and wait for the background check to clear. But instead of a quick “Proceed,” the seller tells you your result is “Delayed.” What does that mean? Will you be permanently blocked from buying a gun? And is there anything you can do?

At National Security Law Firm (NSLF), we help clients across the country understand, fix, and resolve firearms background check issues—whether they’re facing a delay, a denial, or repeated problems buying firearms. Here’s everything you need to know if you’ve received a “Delayed” response.

What Does a “Delayed” Background Check Mean?

When the FBI runs your information through the National Instant Criminal Background Check System (NICS), they attempt to verify right away whether you’re legally allowed to own a firearm.

If your background is clear, you get a “Proceed” almost instantly. If you’re clearly disqualified, the result is “Denied.”

But if your background check triggers something that requires further investigation—for example, a record that appears incomplete, ambiguous, or a name match with someone else—you receive a “Delayed” response.

Common reasons for a delay:

  • A similar name or date of birth to someone with a disqualifying record

  • Incomplete or outdated court records

  • Pending charges without a clear disposition

  • Mental health commitment or restraining order with unclear documentation

How Long Can a Delay Last?

Under federal law (specifically the Brady Handgun Violence Prevention Act), the FBI has up to three business days to complete the background check and issue a final determination.

Here’s what happens next:

  • If the FBI clears you within 3 days, the dealer will get a “Proceed” and may sell you the firearm.

  • If the FBI issues a Denial, the transaction is stopped.

  • If no answer is given within 3 days, the FFL is legally allowed (but not required) to complete the transfer.

⚠️ Important: Some states, like California, New Jersey, and New York, have their own laws that prohibit the dealer from transferring the firearm even after 3 days. Always check your state law.

Can I Still Get the Gun After a Delay?

Yes—in many cases.

If the FBI doesn’t provide a final result within 3 business days (not including weekends or holidays), the FFL can legally transfer the firearm to you, unless your state law says otherwise.

However:

  • Some dealers have internal policies requiring a definite “Proceed” before completing the sale.

  • Some people eventually get a “Denied” days later, even after the 3-day period has passed.

If the transfer occurs and you later receive a denial, you could be contacted by law enforcement and may need to surrender the firearm—especially if you’re actually prohibited under federal law.

What If I Keep Getting Delayed?

If this isn’t your first delay, you may be a candidate for the Voluntary Appeal File (VAF) and a Unique Personal Identification Number (UPIN). These tools allow the FBI to:

  • Confirm your identity faster in future background checks

  • Skip over confusion from similar names or mixed records

We highly recommend the VAF/UPIN process for anyone with repeated delays—even if you’ve never been denied.

What Can I Do While I’m Waiting?

Here are a few things you can do if your background check is delayed:

  • Ask the dealer for your NICS Transaction Number (NTN)

  • Track the 3-business-day deadline (this does not include weekends or holidays)

  • Avoid reapplying until you know the outcome of the current transaction

  • Start gathering documents that show your eligibility (e.g., expungement orders, court records, mental health clearance letters)

  • Contact NSLF for help if this isn’t your first delay or you want to resolve the underlying issue permanently

When to Contact a Lawyer

You should speak to an experienced firearms attorney if:

  • You were delayed and want to ensure the dealer can transfer after 3 days

  • You were delayed and later denied

  • You are delayed every time you try to buy a firearm

  • You have a complex history (e.g., old conviction, mental health record, military discharge)

At NSLF, we handle:

  • NICS delays and challenges

  • Voluntary Appeal File applications

  • Restoration of gun rights under federal law

We work with clients nationwide and understand the bureaucracy behind firearm delays.

Explore More Resources

For a deeper look into all your options, visit our main hub: 👉 Denied by NICS? Here’s How NSLF Can Help You Challenge Federal Firearm Prohibitions

Final Thoughts

A “Delayed” message doesn’t necessarily mean you’re disqualified—but it does mean something in your record needs clarification. Let us help you get ahead of it.

📅 Book your free consultation today: https://www.nationalsecuritylawfirm.com/book-consult-now/

The National Security Law Firm: It’s Our Turn to Fight for You.