It’s definitely not perfect. That’s where Congress can fix stuff. Five days or 10 days are bs. There are real holes there. They need to address substance not bs.
Example:
“ When a check requires more information, the FBI has three business days to make a final determination on the buyer. If a decision can’t be made in that time, a licensed dealer is allowed by law to go ahead and sell the firearm, in a sale referred to by the FBI as a “default proceed.”
The dealer is not required to notify the FBI when a sale goes through this way. The NICS examiner tasked with the case is supposed to keep working on it and has up to 90 days to reach a final conclusion.
Default proceed sales can have public safety implications. In April 2015, the Charleston church gunman legally purchased a Glock in such a transaction after a cascade of clerical errors delayed his background check. He was disqualified from gun ownership because of a drug charge. Two months later, he used the weapon he bought to murder nine parishioners at a church in Charleston, South Carolina.
FBI data also indicates that some categories of prohibited purchasers tend to stretch past the three-business day window more often than others. According to a December 2016 Government Accountability Office report, the FBI takes a week to deny sales because of a misdemeanor domestic violence conviction. That’s more time than any other kind of denial, which is troubling considering the strong link between domestic violence, homicide and mass shootings.
The military has also fallen short in forwarding records from its internal justice system. The names of service members expelled under a dishonorable discharge are forwarded to the NICS Indices, since a dishonorable discharge, on its own, triggers a gun ban.
Service members convicted in court-martials for other offenses, like felony assault, domestic violence, or drug possession, may also be prohibited from possessing firearms. Those records go into NCIC. Base officers are supposed to add labels to the paperwork database making it clear when the offender is barred from guns.
In the case of the Sutherland Springs gunman, records from his Air Force court-martial for choking his then-wife and fracturing the skull of his baby stepson were never entered into the FBI’s system. He was able to buy at least three guns from licensed sellers, passing a background check each time. In May, a federal judge ruled that survivors of the massacre and family members of the victims can sue the federal government for negligence.”
http://www.thetrace.org/2015/07/gun-background-check-nics-guide/
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