User Panel
User Panel
User Panel
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Posted: 1/6/2015 2:15:36 AM EDT
[#1]
Tough question - I'd ask to your local industry operations inspector (IOI) or refuse the work outright, since it's your license on the line, in the end.
The customer's denied may have been erroneous, but you as a licensee are prohibited from transferring to those you know, or reasonably believe to be prohibited persons. |
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Posted: 1/6/2015 9:43:31 AM EDT
[#2]
This is a no brainer. If you have any reason to believe (and a prior denial is a pretty good indicator) he is prohibited then you can not transfer a firearm to him. It's not worth the $ you'd make on the repairs to lose your license over.
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Posted: 1/7/2015 12:20:08 AM EDT
[#3]
Quoted:
So my question is: Is it lawful to accept a firearm, make repairs, and return it to a person who I know to have been denied on a background check? Sure you can. No law prevents it, and DENIED does not mean one is a prohibited person. I know several folks who have been DENIED and are GTG. Now if he says, "I guess my old bank robbery conviction is what got me denied" then you cannot transfer a firearm to him. |
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Posted: 1/7/2015 4:14:53 PM EDT
[#4]
Is he appealing the denial on the one he tried to buy?
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Posted: 1/8/2015 5:42:38 PM EDT
[#5]
Quote HistoryQuoted:
Sure you can. No law prevents it, and DENIED does not mean one is a prohibited person. I know several folks who have been DENIED and are GTG. Now if he says, "I guess my old bank robbery conviction is what got me denied" then you cannot transfer a firearm to him. Quote HistoryQuoted:
Quoted:
So my question is: Is it lawful to accept a firearm, make repairs, and return it to a person who I know to have been denied on a background check? Sure you can. No law prevents it, and DENIED does not mean one is a prohibited person. I know several folks who have been DENIED and are GTG. Now if he says, "I guess my old bank robbery conviction is what got me denied" then you cannot transfer a firearm to him. Yes, but now the OP has reasonable cause to believe that the customer is a prohibited person. Can't deliver a firearm to a person in this circumstances. |
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Posted: 1/8/2015 5:58:00 PM EDT
[#6]
Quote HistoryQuoted:
Yes, but now the OP has reasonable cause to believe that the customer is a prohibited person. Can't deliver a firearm to a person in this circumstances. Quote HistoryQuoted:
Quoted:
Quoted:
So my question is: Is it lawful to accept a firearm, make repairs, and return it to a person who I know to have been denied on a background check? Sure you can. No law prevents it, and DENIED does not mean one is a prohibited person. I know several folks who have been DENIED and are GTG. Now if he says, "I guess my old bank robbery conviction is what got me denied" then you cannot transfer a firearm to him. Yes, but now the OP has reasonable cause to believe that the customer is a prohibited person. Can't deliver a firearm to a person in this circumstances. As mentioned, DENIED != Prohibited Person and Prohibited Person != DENIED Each FFL makes their own decision what reasonable means. As pointed out, I have a customers who have been DENIED and I know they are not prohibited. I also have wannabe customers who would be approved no problem, but I know they are prohibited persons, so no sale. |
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Posted: 1/9/2015 11:39:09 PM EDT
[#7]
Thanks for the input guys. When the customer was Denied he told me he had a restraining order previously but that it had been lifted. He brought in the court papers the next day to show me. I told him about the appeals process but do not know if he followed through.
jonblack |
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