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-   -   Fail Background Check (http://www.firearmstalk.com/forums/f47/fail-background-check-44418/)

DogLegArms 06-27-2011 09:21 PM

Fail Background Check
 
I applied for my 01 FFL. What do you do with the firearm you receive in a FFL transfer and the customer doesn't pass the background check? Do you ship it back to the sender? And at who's cost? TIA

Jpyle 06-27-2011 10:16 PM

Quote:

Originally Posted by DogLegArms (Post 530261)
I applied for my 01 FFL. What do you do with the firearm you receive in a FFL transfer and the customer doesn't pass the background check? Do you ship it back to the sender? And at who's cost? TIA

Personally, I would try to get the money from the transferee that failed the NICS...if that doesn't work try to get the sender FFL to pay the fees since they can collect directly from the current owner. If all else fails pay the freight and refuse to accept any further shipments from all parties until you get your money back.

If the sender is an individual I am not sure what the law requires as the circumstances are reversed and you are now a licensed FFL shipping to an unlicensed person. Not sure if you need to send to an FFL or not...check the regs.

In the future you may want to specify who pays in the event of a failed NICS...or change your policies and only accept FFL to FFL shipments on your terms. JMHO...

danf_fl 06-27-2011 10:20 PM

As explained to me by an inspector
As an FFL holder, you have no responsiblity to return the firearm to the sender, the buyer does.
You could be nice and offer to send it back, but the buyer will still have to pay your costs and the additional cost of shipping it back.
Should the buyer refuse to make payment, you have another firearm.

orangello 06-27-2011 10:30 PM

Dumb question from a non-FFL person here: Is there no way to run the "background check" before agreeing to receive the firearm?

Dude comes in & asks about transfer, you offer to run check first to save him some money in the event of refusal. Is that legal/legit/smart?

Ron-O 06-27-2011 11:12 PM

I found out during my atf interview that in WV you will fail your NICS check if you had a DUI in the last year. I guess they consider that substance addiction.. Never heard of it until my interview....

danf_fl 06-27-2011 11:20 PM

Quote:

Originally Posted by orangello (Post 530315)
Dumb question from a non-FFL person here: Is there no way to run the "background check" before agreeing to receive the firearm?

Dude comes in & asks about transfer, you offer to run check first to save him some money in the event of refusal. Is that legal/legit/smart?

In Florida, yes. A background check can be done without purchasing a firearm.

But should the inidividual come in and complete the 4473 on a date after that check, it is recommended that a separate background check be done.

FWIW, almost all my customers know if they will pass or fail a background check beforehand and act accordingly.

KeithB 06-28-2011 12:08 PM

I explain up front, that should i have to return the firearm for any reason, it's $25.00 plus the shipping cost.

c3shooter 06-28-2011 12:37 PM

Making some assumptions here- that you are recieving as a transfer agent from one non-licensed person to another, and that recipient flunked his background check.

Couple of options- first, you can sell the gun FOR the recipient in your shop- consignment sale. You can buy the gun from him. Or you can return the gun (at his shipping expense) to the sender. He CAN own a gun- he can't possess one. Fine legal difference.

Somewhere I just heard someone say "But wait- you can't ship it directly back..." Well, 18 US Code 922 addresses the legal requirements for a TRANSFER of ownership. In this case, no transfer took place. While you acquired the gun (and probably logged it into your A&D book) you do not own the gun- it is in the category of "Property of others in your care, custody, and control". You should be able to return it TO THE ORIGINAL OWNER, or ship to another FFL for transfer to someone else. When you ship it out, would be logged in "Dispositions" under "returned to owner"

It is NOT incumbent on you morally to pay for return shipping- that is the guy that bought the gun. The seller should have gotten HIS money before his shipped it. If the failed buyer does not want to man up, or if the seller does not want to accept a return (all sales final thing) give the failed buyer a reasonable time to decide what to do (sell to you, consign to you, sell to someone else, etc) Beyond that time, start charging him storage. BEWARE- "Oh, I sold it to Charlie. Charlie here will complete the paperwork. " You MAY be looking at a strawman sale.

Above is purely my opinion based on conversations with BATFE, and reading the US Code. Your mileage may vary, you should check on your own with the people that issue your license, if it blows up I never heard of you. Dogleg WHO? Never heard of him. :p

PanBaccha 06-28-2011 01:36 PM

Quote:

Originally Posted by DogLegArms (Post 530261)
I applied for my 01 FFL. What do you do with the firearm you receive in a FFL transfer and the customer doesn't pass the background check? Do you ship it back to the sender? And at who's cost? TIA

A friend of mine had that same problem. The FFL transfer told him he had to clear that misunderstanding with the proper authorities. He had his CCL but went anyway to his local police station. They in turn sent his fingerprints and neccessary forms to the FBI. Eight weeks later his name was cleared. The FFL dealer was kind enough to hold his firearm for him. :)

danf_fl 06-29-2011 09:35 AM

In FL, there is the right to appeal a failed background check.


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