Sale or No-Sale

Discussion in 'NFA/Class 3 & FFL Discussion' started by RCHanlin, Aug 31, 2015.

  1. RCHanlin

    RCHanlin New Member

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    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
     
  2. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    This thread is explicitly addressed to FFL dealers.
    Takes all the fun out of it. :(
     

  3. Mongo

    Mongo Active Member Supporter

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    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.
     
  4. RCHanlin

    RCHanlin New Member

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    Sorry about that but yes, I need to hear what another dealer would do.

    RC
     
  5. RCHanlin

    RCHanlin New Member

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    I plan to call the ATF this morning to hear what they would suggest.

    RC
     
  6. fsted2a

    fsted2a Active Member

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    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.
     
  7. RCHanlin

    RCHanlin New Member

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    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
     
  8. c3shooter

    c3shooter Administrator Staff Member

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  9. RCHanlin

    RCHanlin New Member

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    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
     
    Last edited: Sep 5, 2015
  10. HotGuns

    HotGuns Member

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    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.
     
  11. danf_fl

    danf_fl Retired Supporter

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    I have also called Florida Dept of Law Enforcement at the end of three days to "double check" that there is no reason not to give the customer the firearm. Just in case computer does not get updated.
     
  12. RCHanlin

    RCHanlin New Member

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    I hear ya... Perhaps I was being overly cautious. Maybe I was more concerned because of the "weird" vibe I was getting from this guy.

    RC