User Panel
User Panel
User Panel
FL, USA
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Posted: 4/4/2024 9:39:08 PM EDT
If I purchase a class III item (like a suppressor) from a dealer, and go through the entire class III process, once I get my tax stamp approval, do I still have to go through a NICS background check by the dealer before I'm allowed to take the suppressor home? Just asking a dumb question. I would have assumed that the class III approval process and tax stamp would already take care of this.
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FL, USA
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Posted: 4/4/2024 9:43:03 PM EDT
[#1]
Per this document I don't think so but wanted to confirm:
https://www.atf.gov/firearms/docs/undefined/atf-national-firearms-act-handbook-chapter-9/download Section 9.12 Are FFLs/SOTs required to initiate a background check of the transferee under the Brady Law in connection with the transfer of an NFA firearm? No. Although 18 U.S.C. § 922(t) requires an FFL to complete a National Instant Criminal Background Checks System (NICS) check of the firearm recipient prior to completing the transfer, subsection 922(t)(3)(B) removes ATF-approved transfers of NFA firearms from the NICS requirement for individuals. |
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Posted: 4/4/2024 9:43:32 PM EDT
[#2]
NOPE
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Posted: 4/4/2024 9:44:02 PM EDT
[#3]
You still have to fill our a 4473. Not sure if it requires NICS. But when I recently picked up a couple of candles I had to fill out 4473.
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Posted: 4/4/2024 9:46:33 PM EDT
[#4]
I've always had to fill a 4473 when pickingp stuff but they don't call in the check, just gets filed by the sot
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FL, USA
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Posted: 4/4/2024 10:11:55 PM EDT
[#5]
Interesting.....if that's the case technically there should be no charge for it as it's not an actual background check, right? I think my dealer "charges" a background check for this.....
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Posted: 4/4/2024 10:37:51 PM EDT
[#6]
Quote HistoryOriginally Posted By optoisolator: Interesting.....if that's the case technically there should be no charge for it as it's not an actual background check, right? I think my dealer "charges" a background check for this..... If you purchased the firearm from the dealer there should be no fee. If you purchased elsewhere and are having it transferred then there's typically a higher fee for Title II transfers as they're more involved for the dealer. |
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FL, USA
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Posted: 4/4/2024 11:03:54 PM EDT
[Last Edit: networkguru]
[#7]
I picked up a supressor a few years ago and I was made to to wait for the BG check. After it came back an hour later the manager realized the clerk was in error and I didnt need a BGC.
I was like thanks... Makes sense since you pretty much already got one. eta. And that is why I am doing the CA direct to door method this latest purchase. |
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FL, USA
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Posted: 4/5/2024 2:33:57 AM EDT
[#8]
Federally they do not need to run a NICS check for an approved NFA item. However individual state law may differ
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MS, USA
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Posted: 4/5/2024 6:12:05 AM EDT
[#9]
Federally, no.
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Posted: 4/5/2024 7:05:18 AM EDT
[#10]
No. But that fee might be a stupid as fuck processing fee which is just money on top of the sale. They’ll (the dealer I sold suppressors a few years back) would do $100 processing and say “it’s for the process” but that’s shit. Everything took like 10 minutes to do especially if they already had their finger print cards.
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Posted: 4/5/2024 10:03:14 AM EDT
[#11]
No - already done as part of the process to get the stamp.
Dealers make you do a 4473 as part of the paperwork showing they gave it to you. Dealers also charge for the extra paperwork they have to do. |
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OR, USA
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Posted: 4/5/2024 11:25:31 AM EDT
[Last Edit: SCARed]
[#12]
Depends on the state and the FFLs interpretation of the state laws. I liken it to be the same as the "3-day rule" between fed and state.
One of my FFLs in OR recently told me that at an ATF inspection a few years ago, his IOI told him that federally he is good with the feds, but OR state specifically requires a separate 4473 ran and approved before releasing the item. Another FFL I use in OR doesn't do that and releases it as soon as the feds approve it. So take that as you will. |
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FL, USA
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Posted: 4/5/2024 1:20:13 PM EDT
[#13]
Anyone know if this is the case in FL? As I thought went to pick up the suppressor and they said there'd be an $8 background check fee. When I told them there shouldn't be one per ATF they said it was still required. Even showed him the ATF web page. Then he tried to tell me it was a Florida thing....I tried searching but couldn't find anything.
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FL, USA
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Posted: 4/5/2024 1:33:10 PM EDT
[#14]
Will dang, learned something new today. FL does require it. Here's the law:
https://www.fdle.state.fl.us/FPP/FAQs1.aspx Apparently I've never known because when I've purchased a pistol it gets done at the same time as the federal NICS check. |
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FL, USA
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Posted: 4/5/2024 10:09:02 PM EDT
[Last Edit: willi3d]
[#15]
Quote HistoryOriginally Posted By optoisolator: Will dang, learned something new today. FL does require it. Here's the law: https://www.fdle.state.fl.us/FPP/FAQs1.aspx Apparently I've never known because when I've purchased a pistol it gets done at the same time as the federal NICS check. That’s interesting. I’ve bought and picked up numerous suppressors in FL, and except for my first one in 2018, no background check done and no fee, which has been only $5 for every gun I’ve bought. I think in 2018 they made a mistake in running the FDLE check because they were new in selling NFA, and I was too new and stupid to know any better. Plus, I’ve bought some cans from CA, and they send the 4473 for the CLEO, no background check fee. Also, they don’t run two background checks when you buy a pistol or rifle in FL. There is only one, the one through FDLE. |
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USA
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Posted: 4/6/2024 1:16:13 PM EDT
[#16]
NICS is part of the process on Form 1’s and Form 4’s. My E form 1 was held up for several months because the NICS check had not been returned yet.
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Posted: 4/7/2024 9:08:18 AM EDT
[#17]
Federally, no. Some states require it due to poorly written laws.
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