You are Unregistered, please register to use all of the features of FirearmsTalk.com!    
Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > NFA/Class 3 & FFL Discussion >

Sale or No-Sale


Reply
 
LinkBack Thread Tools Display Modes
Old 09-01-2015, 12:10 AM   #1
Feedback Score: 0 reviews
 
RCHanlin's Avatar
 
Join Date: Nov 2009
Posts: 283
Liked 33 Times on 24 Posts
Likes Given: 4

Default Sale or No-Sale

Hey everyone.... I would like to hear from other FFL's on how they would handle what I've got going on right now.

I've been in business for a little over a year and a half. My business is gunsmithing and firearms restorations but, being an FFL, I also avail myself for retail sales and transfers. I've handled several hundred transfers with little or no problems. I've only had two occasions where NICS gave me a Delay. None of the delays took more than a couple days to come back with a "proceed" until now.

I've got a customer who purchased a handgun through me and when it was time to process the 4473, I got a delay response. Since the others had cleared pretty quick, I told the fella it would just be a matter of a few days until I got the go ahead and we could finish up the paperwork. What makes this a little more complicated is that this fella has just moved back to this state. His drivers license is valid from the state he came from and he was able to provide me with valid documentation showing that he has a local mailing address.

Being that this is a handgun sale, I'm being more anal about the process. According to the FBI, I can proceed with the sale after three business days have elapsed without final disposition but I am not obligated to. The investigation will continue and the status will be listed as "open" if it has not been cleared before the 3 business days are up.

Here is what I'd like to hear from you guys about.... I'm planning to close the sale tomorrow. Through email I've told the guy it may be in his best interest to file for a carry permit so that this does not happen again. He's already talking about more handgun purchases! I'm not comfortable about that. His belief is that since he recently completed a firearm safety course sponsored by the local PD, he's cleared regardless what does or doesn't come back from NICS.

Your thoughts guys?

RC
__________________
GCA and RSA Member, NRA Life Member
RCHanlin is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 09-01-2015, 12:21 AM   #2
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
MisterMcCool's Avatar
 
Join Date: Feb 2013
Location: Bumfugg, Egypt
Posts: 11,334
Liked 10595 Times on 5632 Posts
Likes Given: 22554

Default

This thread is explicitly addressed to FFL dealers.
Takes all the fun out of it.
__________________
I drink and I know things (̿▀̿ ̿Ĺ̯̿̿▀̿ ̿)̄
MisterMcCool is offline  
schnuffleupagus Likes This 
Reply With Quote
Old 09-01-2015, 12:52 AM   #3
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
Mongo's Avatar
 
Join Date: Apr 2010
Location: Salem,Oregon
Posts: 1,304
Liked 706 Times on 438 Posts
Likes Given: 1441

Default

There may be a writing period before he can purchase firearms in his new state of residence. For example when you move to Oregon, you must reside here 90 days before you can purchase a firearm. I was an FFL so I put my two cents in.
__________________
Married 29 years---I'm starting to think it might work out.
Second Generation N R A Life Member
Mongo is offline  
 
Reply With Quote
Old 09-01-2015, 09:52 AM   #4
Feedback Score: 0 reviews
 
RCHanlin's Avatar
 
Join Date: Nov 2009
Posts: 283
Liked 33 Times on 24 Posts
Likes Given: 4

Default

Quote:
Originally Posted by MisterMcCool View Post
This thread is explicitly addressed to FFL dealers.
Takes all the fun out of it.
Sorry about that but yes, I need to hear what another dealer would do.

RC
__________________
GCA and RSA Member, NRA Life Member
RCHanlin is offline  
MisterMcCool Likes This 
Reply With Quote
Old 09-01-2015, 09:59 AM   #5
Feedback Score: 0 reviews
 
RCHanlin's Avatar
 
Join Date: Nov 2009
Posts: 283
Liked 33 Times on 24 Posts
Likes Given: 4

Default

Quote:
Originally Posted by Mongo View Post
There may be a writing period before he can purchase firearms in his new state of residence. For example when you move to Oregon, you must reside here 90 days before you can purchase a firearm. I was an FFL so I put my two cents in.
I plan to call the ATF this morning to hear what they would suggest.

RC
__________________
GCA and RSA Member, NRA Life Member
RCHanlin is offline  
fsted2a Likes This 
Reply With Quote
Old 09-05-2015, 02:16 PM   #6
Feedback Score: 0 reviews
 
fsted2a's Avatar
 
Join Date: Apr 2008
Posts: 1,600
Liked 368 Times on 289 Posts
Likes Given: 618

Default

Quote:
Originally Posted by RCHanlin View Post
I plan to call the ATF this morning to hear what they would suggest.

RC
That should have been your first call. Most states give you 10 days or less to get your license address changed, the exception being if you are on active duty military orders, which would also suffice for the ATF. Being a former FFL, I would have made the call to the ATF before I even started the paperwork. Probably why I am a former FFL, but I never got in any issues with my transactions later.
__________________
"Democracy is two wolves and one sheep voting on what to have for dinner.
Liberty is the well-armed lamb contesting the vote." - Benjamin Franklin
fsted2a is offline  
 
Reply With Quote
Old 09-05-2015, 02:56 PM   #7
Feedback Score: 0 reviews
 
RCHanlin's Avatar
 
Join Date: Nov 2009
Posts: 283
Liked 33 Times on 24 Posts
Likes Given: 4

Default

Quote:
Originally Posted by fsted2a View Post
That should have been your first call. Most states give you 10 days or less to get your license address changed, the exception being if you are on active duty military orders, which would also suffice for the ATF. Being a former FFL, I would have made the call to the ATF before I even started the paperwork. Probably why I am a former FFL, but I never got in any issues with my transactions later.
You're probably right but I've never had problems like this before and as long as the customer can prove they have a valid local mailing address, the sale can proceed for a handgun. NICS did not say that I could not proceed with the transaction if a response was not given within the 3 business days so I went ahead and closed the sale. In addition, the customer had pre-paid for the firearm.

RC
__________________
GCA and RSA Member, NRA Life Member
RCHanlin is offline  
 
Reply With Quote
Old 09-05-2015, 04:46 PM   #8
Administrator
FTF_ADMIN.png
Feedback Score: 0 reviews
 
c3shooter's Avatar
 
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 19,739
Liked 13359 Times on 5671 Posts
Likes Given: 2221

Default

RC, I am not an 01, am an 03, but here is the direct word from FBI NICS-

https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/a-nics-delay
__________________
What we have here is... failure- to communicate.
c3shooter is offline  
 
Reply With Quote
Old 09-05-2015, 11:41 PM   #9
Feedback Score: 0 reviews
 
RCHanlin's Avatar
 
Join Date: Nov 2009
Posts: 283
Liked 33 Times on 24 Posts
Likes Given: 4

Default

Quote:
Originally Posted by c3shooter View Post
RC, I am not an 01, am an 03, but here is the direct word from FBI NICS-

https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/a-nics-delay
Thanks C3, I'd already gotten that from them. I had made a copy of the response from the FBI and attached it to the 4473. Also sent a copy to the customer since he had been misinformed about this process while living in Alaska.

RC
__________________
GCA and RSA Member, NRA Life Member

Last edited by RCHanlin; 09-05-2015 at 11:47 PM.
RCHanlin is offline  
 
Reply With Quote
Old 09-09-2015, 04:12 PM   #10
Feedback Score: 0 reviews
 
HotGuns's Avatar
 
Join Date: Aug 2010
Posts: 127
Liked 28 Times on 17 Posts
Likes Given: 7

Default

I'm an 07/02 FFL.

After 3 days, I give them the gun.

NICS can delay for any reason...even no reason. I dont make them wait any longer than NICS says I have too.
__________________
07/02 FFL
AR CHL inst.
HotGuns is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
YHM Diamond Handguard sale, CMMG LPK sale, & Blade-Tech Now In Stock! JoeBobOutfitters Sponsor Display 0 07-21-2012 06:04 AM
New Magpul gear & PMag Sale, Black Hole Weaponry Sale & More! JoeBobOutfitters Sponsor Display 0 06-07-2012 07:29 PM
Sale Sale Sale WTS:CProducts AR15 30rnd. Grey Teflon w/Green Follower SALE: $8.99 Cope's Distributing Sponsor Display 0 04-29-2009 03:29 PM