Expert: Robert P. Firriolo - 10/1/2009

Question
Hello. and thank you for viewing my question. When a Certificate of Relief has been authorized without restrictions, and a pistol permit has been issued through NYS, how long will it take NICS to recognize the CDR so a pistol can be obtained through a FFl? (dealer) any other information regarding this matter would be greatly appreciated. Thanks, Michael

Answer
This is a question best addressed directly to FBI-NICS Customer Service at 1-877-444-NICS (6427). The answer may depend on how quickly (and whether) NYS updates its own records, how long it takes the updated records to be transferred to NICS, and how long the NICS database takes to be updated. NICS is in the best position to tell you how long this process is taking with respect to NY records.

Alternatively, somebody with their rights fully restored can go ahead and attempt to acquire a firearm through a dealer. If the transfer is ultimately denied by NICS, one can contact the NICS Appeal Services Team and provide them with proof of relief from disability to possess firearms. See here for details on doing this: http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm . If one is in a hurry, going this route may turn out to be quicker than waiting for the records to be updated through normal channels.

Finally, if one repeatedly receives erroneous denials or lengthy delays on a NICS check, one can request entry into the Voluntary Appeal File (VAF). The VAF process permits applicants to request that NICS maintain information about them in the VAF to prevent future denials or extended delays of a firearm transfer. NICS Customer Service can tell you more about that too.