Posted: 11/12/2014 6:29:24 AM EDT
[#6]
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Negative on the red part. Federal law says that if you give the FFL the firearm for "gunsmithing/repair", then the FFL doesn't have to complete a 4473 and a NICS check to return it to the original owner. BUT, in this case, the owner isn't giving the FFL the firearm for "gunsmithing/repair", he is doing it to transfer it to another individual. The federal exemption for gunsmithing/repair doesn't apply here. In order for the original owner to get the firearm back due to a denied transaction (which typically takes days to get, it usually pops as a "delay" first), they'll have to complete a 4473 and a NICS check. Basically it is like a pawn redemption or consignment return at this point.
So imagine a "worst case scenario" with a handgun: Seller comes in with a buyer, neither have a CPL. FFL logs in the firearm, buyer fills out 4473 and State Application to Transfer pistol (ATP) and the FFL sends the ATP form to the LE agency with jurisdiction. 10 business day wait begins, and this LE agency is notorious for taking ALL 10 business days. Business day 11 arrives and the LE agency tells the FFL "Deny." Now the seller has to come back (FFL still has the gun, it can't leave the premises without a 4473 now, despite what I-594 says since it conflicts with federal law, and the more restrictive law applies), and he has to complete the 4473 and ATP and wait for the LE agency to run the background check (remember, he doesn't have a CPL either.) As it happens, it is the same agency, so 11 business days later, they tell the FFL this person is also a "Deny." What does the FFL do now? He can't legally give the original owner back his firearm. The firearm is now in limbo, stuck at the FFL until the now-denied seller can find a buyer, assuming he doesn't get into trouble with the law first and they confiscate the thing (based on the Deny response.) The FFL has also now had the gun in the safe for over 30 days (counting weekends), and who knows how many more. Plus he has a really pissed off seller that wants his gun back.
I've only had 3 "Deny" responses in over 6 years, and two fought the "Deny" through the appeals process, but it took about 8 months to get it cleared up. The third one had a WA CPL that was issued not long before trying to buy the handgun. She didn't appeal the denial. Strange that she had a CPL though.....
As for your last part, my rate for "private sales" is going to be identical to my rate for current transfers for online purchases. There is no difference in the amount of work involved, so I don't know why an FFL would be expected to charge less for one type of transfer over another (for Title I firearms that is.)
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We are unsure how any of this will pan out. We considered this scenario today: Buddy comes in with his friend and wants to loan him his hunting rifle. Go through the 4473 process….friend comes up denied. Buddy now wants his gun back and fills out the 4473. He is denied. Buddy goes ape shit wanting his gun back..whelp…that would be a no go. He claims he will send someone else in to complete the transfer. No can do. Straw purchase. Buddy is assed out of his goods.
I don't think so.
Section 3 (3) says;
(d) If the results of the background check indicate that the purchaser or transferee is ineligible to possess a firearm, then the licensed dealer shall return the firearm to the seller or transferor.
Since the transfer was not made when the NICS check was denied, it still belongs to the original owner and the dealer simply hands it back. Since I-594 allows the gun to be removed from the dealership while the NICS is being performed, it most likely is not entered into the bound book until the transfer is ready to happen. Not sure how well this goes along with federal law.
I think most FFL's will not facilitate a private sale for a reasonable price (</= $20).
Randy
Negative on the red part. Federal law says that if you give the FFL the firearm for "gunsmithing/repair", then the FFL doesn't have to complete a 4473 and a NICS check to return it to the original owner. BUT, in this case, the owner isn't giving the FFL the firearm for "gunsmithing/repair", he is doing it to transfer it to another individual. The federal exemption for gunsmithing/repair doesn't apply here. In order for the original owner to get the firearm back due to a denied transaction (which typically takes days to get, it usually pops as a "delay" first), they'll have to complete a 4473 and a NICS check. Basically it is like a pawn redemption or consignment return at this point.
So imagine a "worst case scenario" with a handgun: Seller comes in with a buyer, neither have a CPL. FFL logs in the firearm, buyer fills out 4473 and State Application to Transfer pistol (ATP) and the FFL sends the ATP form to the LE agency with jurisdiction. 10 business day wait begins, and this LE agency is notorious for taking ALL 10 business days. Business day 11 arrives and the LE agency tells the FFL "Deny." Now the seller has to come back (FFL still has the gun, it can't leave the premises without a 4473 now, despite what I-594 says since it conflicts with federal law, and the more restrictive law applies), and he has to complete the 4473 and ATP and wait for the LE agency to run the background check (remember, he doesn't have a CPL either.) As it happens, it is the same agency, so 11 business days later, they tell the FFL this person is also a "Deny." What does the FFL do now? He can't legally give the original owner back his firearm. The firearm is now in limbo, stuck at the FFL until the now-denied seller can find a buyer, assuming he doesn't get into trouble with the law first and they confiscate the thing (based on the Deny response.) The FFL has also now had the gun in the safe for over 30 days (counting weekends), and who knows how many more. Plus he has a really pissed off seller that wants his gun back.
I've only had 3 "Deny" responses in over 6 years, and two fought the "Deny" through the appeals process, but it took about 8 months to get it cleared up. The third one had a WA CPL that was issued not long before trying to buy the handgun. She didn't appeal the denial. Strange that she had a CPL though.....
As for your last part, my rate for "private sales" is going to be identical to my rate for current transfers for online purchases. There is no difference in the amount of work involved, so I don't know why an FFL would be expected to charge less for one type of transfer over another (for Title I firearms that is.)
Correct!
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