A NICS or State POC background check is only valid for a single use and for a period not to exceed 30 calendar days from the date that NICS or the State POC was initially contacted. After 30 calendar days the transferor/seller MUST start a new background check.
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On the form 4473 above Q27.a. it says “A NICS check is only valid for 30 calendar days from the date recorded in question 27.a.”
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On the form 4473 on page 6 in the paragraph at the bottom right of the page the instructions say “If more than 30 days have elapsed and a new NICS check is required, record the new transaction number, date of contact and the response provided by NICS or the State on this Form 4473 in questions 27.a.-27.c.”
In FastBound, if the date in Q36 is more than 30 days from the date in Q27.a you will not be able to print or complete the 4473.
If you receive this error you will need to start a new background check and enter that date into Q27.a, the new NICS or State Transaction Number into Q27.b, and answer Q27.c and Q27.d (if needed).
(Optional) You should record the original expired NICS or State POC background information in Q32 and a note explaining that the original background check expired.
For states (CA and FL) that allow a firearm to be transferred for 30 days after the approval date you can put the approval date in Q27.a and then put a note in Q32 saying “Background check submitted on xx/xx/xx but {state} allows firearms to be transferred for 30 days after approval”. While this is technically a violation of the federal form this will allow you to complete the 4473 according to the states law. If you have concerns about this we recommend you contact your local DOJ and/or your local ATF field division.
The examples below of when a new background check is required are from Section §478.102(c) in the ATF eRegulations.
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A purchaser completes the Form 4473 on December 15, 1998, and a NICS check is initiated by the licensee on that date. The licensee is informed by NICS that the information available to the system does not indicate that receipt of the firearm by the transferee would be in violation of law, and a unique identification number is provided. However, the State imposes a 7-day waiting period on all firearms transactions, and the purchaser does not return to pick up the firearm until January 22, 1999. The licensee must conduct another NICS check before transferring the firearm to the purchaser.
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A purchaser completes the Form 4473 on January 25, 1999, and arranges for the purchase of a single firearm. A NICS check is initiated by the licensee on that date. The licensee is informed by NICS that the information available to the system does not indicate that receipt of the firearm by the transferee would be in violation of law, and a unique identification number is provided. The State imposes a 7-day waiting period on all firearms transactions, and the purchaser returns to pick up the firearm on February 15, 1999. Before the licensee executes the Form 4473, and the firearm is transferred, the purchaser decides to purchase an additional firearm. The transfer of these two firearms is considered a single transaction; accordingly, the licensee may add the second firearm to the Form 4473, and transfer that firearm without conducting another NICS check.
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A purchaser completes a Form 4473 on February 15, 1999. The licensee receives a unique identification number from NICS on that date, the Form 4473 is executed by the licensee, and the firearm is transferred. On February 20, 1999, the purchaser returns to the licensee’s premises and wishes to purchase a second firearm. The purchase of the second firearm is a separate transaction; thus, a new NICS check must be initiated by the licensee.
