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Again I appreciate all the responses. I don't feel so dumb asking the question now. This has turned into a regular law school exam question.
One more twist then, which I should have said earlier. My buying entity is actually an LLC, which I read under the GCA to be included in the definition of Person. It is a Company I would say. Anyone think that may change the answer? My only concern is that I think I have always checked Yes to 11a on the 4473, which would imply that a nics check should be conducted huh? Of course dealers could have just had me fill it out wrong in the past I suppose. Or perhaps I'm misremembering.
Trying my best to hold onto some hope here as you can tell. Are TX dealers running a nics check when an LLC buys a class 3 item?
Thanks again everyone.
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You're the transferee, as representative of the LLC, so checking "yes" for 11a is correct (and the only way the transfer will continue).
The combination of the '08 document and item 22 should result in no NICS check, assuming no additional local requirement (which I don't believe TX has). And as I mentioned earlier, if your CHL exempts you from the check (like it does here in NC), it doesn't matter if somebody thinks they're required for non-individuals. I've simply emailed a copy of my CHP & DL to an in-state dealer that was further than I wanted to drive.
I did have another experience with a SSDirect (prior to the SSPB program) dealer where they said they couldn't because I wasn't a Class 3 dealer. I told them there was a big difference in what they
couldn't do and what they
wouldn't do, and never used them again.