A Business Day for a Multiple Sale Report and one for a Background Check are calculated differently.
For a Multiple Sale Report
A Business Day is any day that you’re open for business. A Business Day is not a Calendar Day. You do not have to sell, acquire, dispose, or complete any transaction for it to count as a Business Day. You just need to be open to conduct business using your license. ATF eRegulations § 478.126a.
I’ll try to explain this a little more detail. Let’s take a calendar week and list the Day’s you were open.
Monday – Closed
Tuesday – Open
Wednesday – Open
Thursday – Open
Friday – Open
Saturday – Open
Sunday – Closed
In this example, let’s say a sale was made on a Wednesday, five consecutive business days would include Wednesday, Thursday, Friday, Saturday, and Tuesday. Because you were closed Sunday and Monday.
In this example, if an item was transferred to a buyer on a 4473 on Wednesday and then another item was transferred on another 4473 on the following Tuesday, then a Multiple Sale report would be required.
In this example, if an item was transferred to a buyer on a 4473 on Wednesday and then another item was transferred on another 4473 on the following Wednesday, then a Multiple Sale report would not be required.
The business day calculation extends across all days. For instance, if you are only open 1 day a week and a buyer purchases a gun one week and another gun 4 weeks later, a multiple sale would be required.
FastBound will automatically calculate your Business Days based on the activity in your account. If there’s no activity in your account for the day then FastBound will not count it as a Business Day. All Multiple Sale reports should be reviewed to make sure they need to be transmitted before they are transmitted.
For a Background Check
A Business Day is any day on which the State offices are open. This is clearly stated in the ATF eRegulations § 478.102.(a).(2).(ii).
The example given in § 478.102 is this:
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“A licensee contacts NICS on Thursday, and gets a “delayed” response. The licensee does not get a further response from NICS. If State offices are not open on Saturday and Sunday, 3 business days would have elapsed on the following Tuesday. The licensee may transfer the firearm on the next day, Wednesday.”
