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AR15.COM
7/10/2016 12:01:58 PM EDT
I've got a question of legality/ethics on the purchase procedures of firearms. Is it legal and/or common practice for an FFL to charge/accept payment BEFORE running the background check for an in-store purchase? Not talking about getting an online purchase/ transfer.

I've only purchased from 3 smaller FFLs in town, and it is very common at one of them to accept full payment before even having the paperwork filled out.

It had crossed my mind as odd before, but after I had my first (and very, very long) NICS delay it occurred to me that if, for any random error of the system, I were to be denied I'm not sure I'd have wanted to pay in advance for an item I'd not be receiving.
7/11/2016 11:44:37 AM EDT
[#1]
<- FFL

It depends.  In some POC states the FFL gets charged for the background check so they will collect that up front.

Other FFL's figure the buyer should know whether or not he is a prohibited person.  If a prohibited person lies on the 4473 and gets denied by NICS, then stupid should hurt and the FFL needs some compensation - usually in the form of a restocking fee - for wasting the FFL's time and for the extra attention that the denied transaction is going to create during the next ATF compliance inspection.

If you are always sent to "further review" or delayed by NICS then look into getting a UPIN so you can be cleared faster.
7/15/2016 7:42:29 PM EDT
[#2]
Ive bought a lot of guns from gun stores over the years and I have never ever paid first. Everywhere from mom and pop shops to big chain box stores, I do the paperwork then when after the check comes back, then I pay. I usally get delayed too. Sometimes 5-10 minutes and years ago, up to a few days. Regardless, ive never paid until the background check was completed.

Personally, I don't think I would be willing to pay first but that is just my own opinion.