NICS check required to return gun to legal owner [new]

[Scoop]

Just one damned thing after another.

New ATFE procedure [July 28, 2017] requires a NICS background check on the seller of a firearm if the buyer's NICS comes back Denied, Cancelled, or Delayed. If you us an FFL to make transfer, make sure you don't leave it with the FFL until the buyer's check comes back with an immediate "Proceed"

There is an excerpt below. The full 6 page procedure is here.
___________________________________________________________________
B. “Denied” or “Cancelled”

Transaction If the FFL receives a “denied” or “cancelled” response from NICS, the firearm cannot be transferred to the prospective buyer.
If the private party seller has not relinquished possession, he or she may leave the business premises with the firearm.
...
. If, for whatever reason, the private party seller leaves the firearm in the exclusive possession of the FFL at the FFL’s business premises, the FFL must:
1. Enter the firearm in the FFL’s A&D record as an acquisition from the private party seller ...
2. Complete a Form 4473 to return the firearm to the private party seller;
3. Conduct a NICS background check on the private party seller, and receive either a “proceed” response or no response after three business days (or appropriate State waiting period), prior to returning the firearm; ...

 

[John A.]

Well, that's different.

Wasn't there something in the founding documents that says property cannot be confiscated without due process?

To me, that would include allowing me to sell my property rather than having it confiscated.

==================================

B. "Denied" or "Cancelled" Transaction
If the FFL receives a "denied" or "cancelled" response from NICS, the firearm cannot be transferred to the prospective buyer. If the private party seller has not relinquished possession, he or she may leave the business premises with the firearm. The FFL does not enter the firearm as an acquisition in the FFL’s A&D record.
If, for whatever reason, the private party seller leaves the firearm in the exclusive possession of the FFL at the FFL’s business premises, the FFL must:
1. Enter the firearm in the FFL’s A&D record as an acquisition from the private party seller not later than the close of the next business day following the date the firearm is left with the FFL, in accordance with 27 CFR 478.122, 478.123, and 478.125;
2. Complete a Form 4473 to return the firearm to the private party seller;
3. Conduct a NICS background check on the private party seller, and receive either a "proceed" response or no response after three business days (or appropriate State waiting period), prior to returning the firearm; and
4. Record the return as a disposition in the FFL’s A&D record not later than seven days following the transaction.

 

[CaddmannQ]

Well of course we know that this is not about our security.

After passing a dozen background checks, why do I need any more? Haven't I proved myself over and over?

I paid for two dozen, and they all came back good too, so I figure the government should pay me back for about 23 of those m effers!

This is cruel and unusual punishment for the government to treat an honest citizen like me as a criminal repeatedly after I had proved myself.

 

[Scoop]

I may not have said this before, so I offer:

Registration = Confiscation

 

[CaddmannQ]

Well now that California is half Mexican they will have to confiscate the guns of Mexicans too, and of course that's racist so we may get by with the whole thing.

 

[MikeD]

Just another layer of BS intended to trip people up. What a PITA for the dealer. What if the check comes back delayed on the seler, which happens frequently? My CPL excludes me from the NICS requirement when purchasing, wonder how that would play into it?

The BATFE seems to follow the old line of "if you can't dazzle them with briliance, then baffle them with BS".

 

[Scoop]

... My CPL excludes me from the NICS requirement when purchasing, wonder how that would play into it?

From the ATF site:
Prepared by: ATF Office of Enforcement Programs and Services.
Last updated: May 10, 2017
Note: Notwithstanding the dates set forth below, permits qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under State law in order to qualify as a Brady alternative.

MichiganLicenses to Purchase a Pistol qualify. Concealed Pistol Licenses (CPLs) issued on or after November 22, 2005, qualify as an alternative to a National Instant Criminal Background Check System (NICS) check. CPLs issued prior to November 22, 2005 and Temporary Concealed Pistol Licenses do not qualify as NICS alternative.



It seems to me that this would exempt you from the NICS check for a handgun purchase in MI w/ their CPL.

-- I am not a lawyer. Following my advice without consulting an expert qualified and trained in the field may result in expensive fines or uncomfortable incarceration.

 

[CaddmannQ]

I think if Trump could smooth out this business with the ATF, that enough weapons, ammo, and accessories would be sold in the first year to give another small boost to the economy.

There is a huge number of responsible people out there that would love to buy a suppressor, a machine gun, a street sweeper...whatever.

 

[Scoop]

There is a huge number of responsible people out there that would love to buy a suppressor, a machine gun, a street sweeper...whatever.

I shot suppressed, I've shot autos. Meh.

But that Street Sweeper... I am all in when I can!