NICS Processing Fee

S

SVO

New member
Was at a gun show today, looking at some pistols by the area where a Dealer was processing 4473's. Gentleman was denied on his NICS check. Dealer charged him a $35.00 document processing fee due to the failed background check. First time I've seen such a fee charged. Is this common among Dealers?
 
Some shops in my area charge a "restocking fee" if a customer is denied when buying a firearm. At first the fee seems unfair, but it actually makes sense in my opinion: It prevents customers with questionable backgrounds from pretending to buy a gun in order to test if they can pass the background check, and then backing out of the sale after the background check results come back.
 
99% of the time, a firearm purchaser goes into it knowing whether he is going to pass the NICS check or not. Charging the customer for a denied NICS might be the seller's way of discouraging those who know they are not qualified from "just giving it a shot, maybe this time I will pass".

I don't see anything wrong with the practice, as long as the potential buyer is informed prior to submission of the NICS check.
 
I always understood that until the NICS check was passed no money changed hands and until that happened the dealer still owned the gun
 
It's just about making money,,,

It's just about making money,,,
There's no real reason for it otherwise.

People can justify using all kinds of reasoning,,,
But in reality it's just another cheap trick.

Unless it was mentioned before the NCIS check,,,
Or on a prominent sign somewhere,,,
I would have walked away.

What's he gonna do,,,
Shoot me?

I don't like being treated like a prey animal.

Aarond

.
 
SVO Was at a gun show today, looking at some pistols by the area where a Dealer was processing 4473's. Gentleman was denied on his NICS check. Dealer charged him a $35.00 document processing fee due to the failed background check. First time I've seen such a fee charged. Is this common among Dealers?
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Not common, but not unheard of.

Gun show delays and denials are a pain. Unless the dealer and buyer happen to live close, the transaction is all but dead......and now the dealer has a cancelled or denied 4473 to keep for the next five years.

I've heard from a couple of long time gun show dealers that it not unusual for buyers to test NICS just to see if they can pass. To minimize this they require payment BEFORE running the NICS check. If it's a delay, they ask the buyer if they want to wait for a proceed and complete the transaction later......if yes they don't need to refund anything. If no, they deduct a fee for their time and trouble.

Knowing that they will not get a full refund on a denial keeps these "trial runs" at a minimum.
 
Knowing that they will not get a full refund on a denial keeps these "trial runs" at a minimum.
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It's not just gun shows. I know a few pawnbrokers who do the same thing.

I don't get it enough to worry about, but it is annoying.
 
Having a Texas CHL allows me a quick check-out when I purchase a firearm, so the charging of the "denial" fee was a new one to me, Non did I see any notice posted as to a fee would be charged due to a denial. And with the denial, the dealer made it pretty plain that discussions were over.

Thanks for the feedback.
 
I don't think you're looking at it the right way. The fee isn't being charged for the denial, its being charged for the dealers time and effort of making the check, not on the check's outcome.

Generally when you are buying the gun, the fee is waived (dealer is getting paid, from the sale). When there is no sale (a denial, or a transfer between individuals) the fee is charged. After all, the FFL has the right to compensation for his time and services.

And if you think something like $35 is a lot for filling out a form and making a phone call, have a lawyer do the same thing (fill out a form and make a phone call), and see what they charge you!
:eek:
 
After all, the FFL has the right to compensation for his time and services.
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Yep. I don't appreciate watching somebody take up an hour of an hourly clerk's time, only to find out they can't buy the gun anyway.

There are erroneous denials, but those aren't the folks who just say "well, huh" and walk out like it's no big deal.
 
In New Jersey, FFL's must use NJ's own background check database, not the .gov NICS. The NJ state police charge the FFL $15 whether the gun buyer passes or fails the check, so here, the FFL is going to pass the charge on to you.

Is the .gov NICS a free service?
 
PA charges me $2 for a proceed/denial and then another $3 if the sale required sales tax. I just pass that exact fee onto the buyer.
 
All the dealers here charge $10 before running the check . If someone is denided they do not get the fee back . If a place were charging anything over that its just a way to make more $ off the buyer .
 
The firearm must be paid in full and 4473 must be completed prior to conducting the background check at our shop here in Florida.
If the purchaser fails the bg check we charge them a 20% fee and in accordance with state law inform the local CLEO that a prohibited person attempted to purchase a firearm.
 
FBI NICS is a toll free call and doesn't charge a penny to the dealer conducting the check.
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My bad. I misread the sentence I was quoting. The NICS system is free. Some state systems levy a charge. Oceania has always been at war with Eastasia.
 
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