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Posted: 12/19/2003 8:58:47 AM EDT
I`ve been wondering about this for a while.  
1.If two guys walk into a gunstore to trade firearms, Person #1 passes the NICS, but Person #2 fails, what happens to the firearms? Will Person #1 still get his firearm form Person #2? And what will happen to the firearm that was suppossed to go to Person #2? Thanks



And NO this didn`t happen to me or anyone that I know!
Link Posted: 12/20/2003 4:01:17 AM EDT
The transactions could be voided.  Just because NICS passed, does not mean the dealer HAS to transfer the firearms.  If he has reason to believe that an illegal act would occur, he is required to NOT finish the transfer by passing on the firearm.

It really is up to the 2 guys.

#1 ends up with 2 guns... but no doubt #2 wants some money or maybe to not allow the transaction to complete.


mark
Link Posted: 12/20/2003 6:50:47 AM EDT
Thanks budam. Now for two curve balls.
1.What would happen if both failed?
2.This is a diffent question. If a guy trades in a firearm to offset cost of a new firearm but fails the NICS, is he allowed to keep his gun that he was going to trade in? Thanks
Link Posted: 12/20/2003 3:48:22 PM EDT
Originally Posted By 223spree:
Thanks budam. Now for two curve balls.
1.What would happen if both failed?
2.This is a diffent question. If a guy trades in a firearm to offset cost of a new firearm but fails the NICS, is he allowed to keep his gun that he was going to trade in? Thanks
View Quote


In both cases...

If the guns have not have ownership transferred to another party, then the original owner keeps it...
Link Posted: 12/20/2003 9:36:06 PM EDT
If two guys walk into a gun shop to swap guns then they would be on planet pluto. I doubt that would ever happen here.

If a NICs on a purchase fails the dealer is supposed to contact the ATF and review the 4473 to see if the purchaser has commited another crime by lying on the form.
Link Posted: 12/24/2003 11:53:07 PM EDT
Originally Posted By David_Hineline:
If a NICs on a purchase fails the dealer is supposed to contact the ATF and review the 4473 to see if the purchaser has commited another crime by lying on the form.
View Quote


Give me a pointer, if you would please.

I remember giving them inforamtion about who to contact if denied along with their NTN, but nothing about calling BATF to review 4473...

Always willing to learn, though...
Link Posted: 12/25/2003 12:10:07 PM EDT
If 2 guys are trading guns, why in the hell would they do it in a gunstore?

Maybe they feel guilty about excercising their constitutional rights and both want to give away some money for transfer fees that they don't need.

Steve
Link Posted: 12/25/2003 1:18:53 PM EDT
Originally Posted By steveamy:
If 2 guys are trading guns, why in the hell would they do it in a gunstore?

Maybe they feel guilty about excercising their constitutional rights and both want to give away some money for transfer fees that they don't need.

Steve
View Quote


PA requires that private transaction(s) of handguns be conducted by an FFL or at the Sheriff's office unless you meet one of the exemptions (spouse, child, LEO etc.)

 
Link Posted: 12/25/2003 6:58:42 PM EDT
Originally Posted By rkbar15:
Originally Posted By steveamy:
If 2 guys are trading guns, why in the hell would they do it in a gunstore?

Maybe they feel guilty about excercising their constitutional rights and both want to give away some money for transfer fees that they don't need.

Steve
View Quote


PA requires that private transaction(s) of handguns be conducted by an FFL or at the Sheriff's office unless you meet one of the exemptions (spouse, child, LEO etc.)

 
View Quote


Thanks for clearing that up.
That sucks.

Steve
Link Posted: 1/1/2004 8:44:21 AM EDT
Yes I spoke improperly. The situation I was thinking of is when the transfering dealer had knowledge of or found out that the potential buyer was a felon or had lied on the form. In that situation the knowledge of the diaqualifie felon trying to buy a firearm should be reported to the ATF.




Because the NICS found the buyer to be a felon and that he admited it to the dealer this would not be good.
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