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Posted: 6/25/2018 5:23:12 PM EDT
This article makes it sound like that's theoretically possible without repercussions. I hadn't seen 18 USC 922(t)(5) before.
https://www.gunlaws.com/escapeclause.htm

Thoughts?
Anyone done it? Heard of it being done, results at audit time?

I can remember a couple times NICS was down, but it's not very often.
Link Posted: 6/25/2018 7:33:36 PM EDT
[#1]
Interesting..
Link Posted: 6/25/2018 8:45:50 PM EDT
[#2]
Quoted:
This article makes it sound like that's theoretically possible without repercussions. I hadn't seen 18 USC 922(t)(5) before.
https://www.gunlaws.com/escapeclause.htm

Thoughts?
Anyone done it? Heard of it being done, results at audit time?

I can remember a couple times NICS was down, but it's not very often.
View Quote

The "article" doesn't make sense.
Paragraph (1) requires the licensee to contact NICS. If they don't answer the phone they have not been contacted. Simply being temporarily out of service doesn't mean NICS is not operating and the licensee gets to skip the background check.

Paragraph 5 says if the licensee gets caught they can punish him.


(t)  
(1)  Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
(A)   before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(B)  
(i)   the system provides the licensee with a unique identification number; or

(ii)   3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and...….

………….(5)   If the licensee knowingly transfers a firearm to such other person and knowingly fails to comply with paragraph (1) of this subsection with respect to the transfer and, at the time such other person most recently proposed the transfer, the national instant criminal background check system was operating and information was available to the system demonstrating that receipt of a firearm by such other person would violate subsection (g) or (n) of this section or State law, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000.
View Quote
Link Posted: 6/25/2018 8:57:05 PM EDT
[#3]
Quoted:

Thoughts?
Anyone done it? Heard of it being done, results at audit time?
View Quote
You go first. Let us know how it goes.
Link Posted: 6/25/2018 11:34:35 PM EDT
[#4]
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Quoted:
The "article" doesn't make sense.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The "article" doesn't make sense.
It's obviously biased.

Paragraph (1) requires the licensee to contact NICS. If they don't answer the phone they have not been contacted. Simply being temporarily out of service doesn't mean NICS is not operating and the licensee gets to skip the background check.
NICS being unable to process transactions doesn't mean they won't answer their phones. I seem to recall that they still did.

I know the main phone number quit working one weekend, during a weekend gunshow, but I was able to find a customer service number on Google and still get transferred into the call center. The check system was still operational.

Paragraph 5 says if the licensee gets caught they can punish him.
It reads "system was operating and information was available..." which would seem to indicate the lack of either would prevent the punishment.

It does look like (t)(B)(ii) would still require waiting 3 days however.
Link Posted: 6/25/2018 11:37:54 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You go first. Let us know how it goes.
View Quote
Haha I don't even have a FFL right now.
I'll be sure to ask about it during my initial interview.
Link Posted: 6/26/2018 3:08:28 PM EDT
[#6]
OK I will play.

ASSume you call, they do not answer and in your mind that means NICS is not running so t5 does not apply as NICS was contacted. That is convoluted logic right there, but let's assume.

What do you write down for Initial Response? NICS Transaction Number? ID of NICS examiner?

All in all this article seems to be more of a conspiracy theory, showing what you can do if FBI turns NICS off intentionally to prevent sales of guns.
Link Posted: 6/26/2018 8:38:13 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Haha I don't even have a FFL right now.
I'll be sure to ask about it during my initial interview.
View Quote
My guess is that the ATF guy/gal will tell you that they don't know anything about NICS . . . nothing EXCEPT that you have to get a proceed or wait three full business days on a delay before transferring a gun.
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