failing background check when buying

[Microgunner]

Some places will "sell" guns before the background check is done, because the law allows it. Delivery (not purchase) is what is being denied with the failed check. Its not ethical, but it seems to be legal.

ATF has asked us to complete the purchase prior to calling in the background check.
My guess is to provide law enforcement with more leverage against a prohibited person attempting a firearms purchase.
We are also required to report all denials to the local CLEO.
You'll need to take up the ethics question with the ATF at who's whim we dance.

 

[44 AMP]

Micro, I hold the dealer blameless if they are following ATF's direction.

I went on a rant for a couple paragraphs, but cooled off, and thought better of posting it.

Somehow, I think that even if the sale is "made" before the background check, denial should result in a refund. Shouldn't it?

Reporting the denial to local LEO (or federal) doesn't seem a terrible thing to me. Might just nail a bad guy. At least, there would have to be an investigation. And that might just clear a guy who got denied due to a clerical error, as much as bust a guy trying to buy illegally. Or so I would think.

 

[Microgunner]

Somehow, I think that even if the sale is "made" before the background check, denial should result in a refund. Shouldn't it?

Absolutely.

The same situation in our stores would result in a full refund sans a $25.00 incomplete transaction fee + tax + the $5 fee charged by the State of Florida for the background check totaling $31.75.

Reporting the denial to local LEO (or federal) doesn't seem a terrible thing to me. Might just nail a bad guy. At least, there would have to be an investigation. And that might just clear a guy who got denied due to a clerical error, as much as bust a guy trying to buy illegally. Or so I would think.

I believe that is the intent of the requirement.

There is an appeals process for mistaken denials.

The dealer will complete their portion of the appeals form and the denied purchaser will follow the directions on the form.

The denied customer has two weeks to initiate their appeal.

 

[Tom Servo]

Somehow, I think that even if the sale is "made" before the background check, denial should result in a refund. Shouldn't it?

It does. A friend runs a pawn shop in an...interesting part of town. By charging folks first, he can retain a fee ($30 IIRC) and refund the rest when the buyer is denied. Otherwise, they walk without paying. This can be a huge time sink for some dealers, and they deserve some compensation for their time and efforts.

Reporting the denial to local LEO (or federal) doesn't seem a terrible thing to me. Might just nail a bad guy. At least, there would have to be an investigation.

Actually, if a person who's prohibited for valid reason attempts to buy a firearm, the NICS center will sometimes notify law enforcement. In cases where it's mistaken identity or bad recordkeeping somewhere, I'd rather not put an innocent person under scrutiny, and should the denial get cleared up, it would sour any potential business relationship with that person.

 

[heyjoe]

Microgunner if the person appeals and is successful do they get their $25.00 incomplete transaction fee back?

Are they notified that there is a $25.00 incomplete transaction fee before they buy the gun?

 

[Microgunner]

Microgunner if the person appeals and is successful do they get their $25.00 incomplete transaction fee back?

Are they notified that there is a $25.00 incomplete transaction fee before they buy the gun?

At our stores, if the denied customer wins the appeal the transaction proceeds as normal with no penalties to the customer. The customer simply pays the amount refunded.

We have a sign posted, but we don't chime in and tell the customer this because it offends them.
They'll many times view this verbal disclosure as us suspecting them of being a prohibited person.
We've learned this lesson the hard way.

 

[Hansam]

All three of my favorite lgs will do a background check BEFORE taking money for the firearm in question. They DO take the fee for the background check but that's it... well at least that is what they do for me and I don't exactly count as a "regular" customer in all of them.

One of the lgs owners and I are on first name basis both in and out of the store. He will do the background check for me without taking money for the fee up front but I will still end up having to pay him for it later anyway.

For an FFL to not refund the money for the purchase of the gun is just wrong.

 

[chadk7]

I have never had to pay anything up front. I have bought from 6 different gun shops and always paid just before walking out the door.

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