Recently there has been debate about what retailers should do in the case of an FBI NICS (National Instant Criminal Background Check System) check delay. When a gun is transferred or sold, the person receiving the gun is obligated to have it sent to an FFL, or Federal Firearms Licensee. The FFL then has a transfer form filled out by the person receiving the gun and calls NICS with that information.
It is important to note that during this process, at no time is the FBI given any specific information about the gun. They are only told that the gun is a long gun, a hand gun, or other, as in the case of a receiver only.
The NICS agent will then tell the FFL to proceed, deny or delay. In the case of a delay, if the FFL has not heard from NICS after three days, they may transfer the gun although they are not obligated to do so. As a large retailer, Cabela's is taking media and political heat now for the practice of transferring the gun when there is no response after the initial delay. There is nothing to prevent a retailer from repeating the NICS check or denying the transfer on their own. It is up to the FFL.
This is the ATF site pertaining to delays and denials: https://www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/reasons-nics-background-checks-are-denied-or-delayed
What would you do as an FFL? What would you expect your FFL to do for you if you received a delay?