Form 4473, Fact or fiction?

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  • ryknoll3

    Master
    Rating - 75%
    3   1   0
    Sep 7, 2009
    2,719
    48
    You seem to not understand how the NICS check works. The only thing that the government officially cares about in regards to buying multiple firearms within a certain time frame is handguns. An ATF form 3310.4 must be submitted if an unlicensed individual buys two or more handguns from one dealer within five consecutive business days.

    Your 4473 information won't be "called back in" to NICS. You were either approved, delayed, or denied. If you were approved, you could have left with the gun. If you were denied, you won't be leaving with that gun. You were delayed if the dealer believes that you will end up getting the guns. If the FFL doesn't hear an update from the ATF in regards to your delay within three days, the gun's yours. :twocents:
    ... if the dealer chooses to complete the transfer. It's up to their discretion, though I'm sure most will complete the sale after the 3 business days.
     

    jdmack79

    Grandmaster
    Rating - 100%
    12   0   0
    Aug 20, 2009
    6,549
    113
    Lawrence County
    ... if the dealer chooses to complete the transfer. It's up to their discretion, though I'm sure most will complete the sale after the 3 business days.

    I think that it would be pretty odd for a dealer to not complete the transfer, but I could see it happening. There are always unique circumstances out there, plus I've seen my share of FFL holders with a screw loose.
     

    .452browning

    Master
    Rating - 100%
    4   0   0
    I think that it would be pretty odd for a dealer to not complete the transfer, but I could see it happening. There are always unique circumstances out there, plus I've seen my share of FFL holders with a screw loose.

    This happens all the time at rural king where I work. They don't allow me to transfer a firearm without a "PROCEED". I've tried to talk them into allowing is transfer on a delay after 72hr, but I was quickly assured it won't happen. I'd say 70% of the time if we get a delay, NICS will not give a new status. Just goes to open and lingers....

    i dont know know how many times I've had to explain its "legal" for me to transfer the firearm but I'm not allowed because of the company. I always recommend they find a local shop to do business with.
     

    JetGirl

    Grandmaster
    Rating - 100%
    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    I think that it would be pretty odd for a dealer to not complete the transfer, but I could see it happening.

    This happens all the time at rural king where I work.
    I've been told that Dick's Sporting Goods has the same policy. I don't know that as fact, though.

    i dont know know how many times I've had to explain its "legal" for me to transfer the firearm but I'm not allowed because of the company. I always recommend they find a local shop to do business with.
    Have you ever called the call center back (after the elapsed time) with the NTN and asked them to resolve the status?
     

    M67

    Grandmaster
    Rating - 100%
    23   0   0
    Jan 15, 2011
    6,181
    63
    Southernish Indiana
    OK. Question. All BATF or NIC is looking at is the number of guns a person sells or buys in "X" number of days? They could care less and do not know what kind of gun is being bought or sold.
    I sold an AR lower on GB and shipped it via USPS (I am a non-license holder) to my buyer's FFL. I had a copy of the buyers FFL. At the same time, this transaction was happening I bought a Remington RB on GB that was made in 1902, so it had to be shipped to my FFL receiver.
    Let's jump back to my buyer completing his transaction with his FFL this past Saturday, of the AR lower I sold him. I went in to my FFL today to complete my transaction of filling out the paper work on the Remington Rolling Block. Three days between transactions. But, A big BUT, the BATF (NIC) said they could not approve my transaction. When my FFL ask why, they quoted the privacy act to him. I have never been turn down before on a firearms check.
    Looking at the forms in the previous post, I think I have committed the cardinal sin and made 2 firearms transactions in 3 days (less than 5 days). The agent my FFL talked to today told him to call my transaction (paperwork) back in about 2-3 days.

    FBI is constantly updating their database, and they plainly admit that some of their information is wrong. Social Security numbers get entered wrong, etc. Would it be possible you filled out the 4473 correct? I got dyslexic last one I did, my year of birth was in the 1800s.

    But, if you've never had an issue before, I bet someone had a typo in the crime database and they entered your SSN instead of someone elses
     

    billt

    Shooter
    Rating - 0%
    0   0   0
    Oct 25, 2010
    1,504
    48
    Glendale, Arizona
    He's "sort of right", depending how the seller, (dealer), interprets "Model" on block 27. Most dealers will put, "Remington 870", "Smith & Wesson 686", or...."AR-15". Block 29 will usually contain just "rifle", "pistol", "shotgun". Remember, even though these forms have changed about every 15 minutes in the last several years, and are reissued, those blocks have remained pretty much the same since passage of the Dodd Bill in 1968.
     

    billt

    Shooter
    Rating - 0%
    0   0   0
    Oct 25, 2010
    1,504
    48
    Glendale, Arizona
    Another thing to remember is Wal-Mart has somewhat of a jaded history selling firearms. They do tend to, "make up their own rules" so to speak. I found this out several years ago when I purchased a Weatherby Vanguard in .300 Weatherby Magnum from a local Wal-Mart here in the Phoenix area. At the time these were a special run of rifles produced by Weatherby for sale only at Wal-Mart. So if you wanted one you had to buy it there.

    I went in and told the clerk behind the counter what I wanted, and he brought out one in the unopened box. In Arizona you are exempt for a background check if you are in possession of a current, valid CCW. I laid both my drivers license and my CCW on the counter, and he proceeded to call the Insta Check system. I told him that it was not necessary. He replied, "Everyone has to have a background check...Even the police!" I then told him to please tell the person on the other end I have a valid CCW, which he did not. For some reason the check came up "DELAYED". At this point I was getting a little p!ssed off and asked him why he didn't mention I had a CCW? He again regurgitated his line about, "everyone is required to have a background check!".

    I demanded the number he called, and he reluctantly gave it to me. I told him I would be right back. I went home and called the number, and told the lady on the other end what had just happened. She asked for my name and the number on my CCW, and the Wal-Mart I was dealing with. As I gave it to her, I could hear her clicking away on a keyboard in the background. She then told me to go back to that store, and she assured me my gun would be waiting for me when I got there. I thanked her and left.

    When I got back to the store and walked back to the sporting goods counter, the clerk, the department manager, and the store manager were all waiting there for me. The store manager repeatedly apologized, personally rang up my sale, and walked me out the door, apologizing most of the way out.

    My guess is that lady called them, and gave them a really good ass reaming for tying up the system with unnecessary background checks. About a week later I was in there with my wife and I bought some .22 ammo they had on sale at the time. I recognized the sporting goods department manager who sold it to me. I'm sure he recognized me as well. I asked him where the gezzer was who denied my rifle sale last week. He couldn't tell me fast enough the store manager let him go.

    I've got mixed emotions about that. I hate to see anyone lose their job. (He was probably retired without much money). On the other hand he was a totally arrogant know it all, who didn't know as much as he thought. In the end I blame Wal-Mart. This is what happens when stores start making their own rules, thinking they're doing the "safe thing". In reality they're doing nothing but making a sale that should have lasted 10 minutes, turn into an all afternoon affair.
     

    jdmack79

    Grandmaster
    Rating - 100%
    12   0   0
    Aug 20, 2009
    6,549
    113
    Lawrence County
    I've been told that Dick's Sporting Goods has the same policy. I don't know that as fact, though.


    Have you ever called the call center back (after the elapsed time) with the NTN and asked them to resolve the status?

    This. I've seen a delay turn into a proceed within minutes. One time I told a customer they were delayed, they walked away, I hit the refresh person on the NICS LEEP portal, and it came back proceed. I ran out the door and caught the customer before they left the parking lot.
     

    billt

    Shooter
    Rating - 0%
    0   0   0
    Oct 25, 2010
    1,504
    48
    Glendale, Arizona
    If you're purchasing a gun through the CMP and have a background check come up "DELAYED", your sale will be denied, and it's a mess to straighten it out.
     

    Dixiejack

    Plinker
    Rating - 0%
    0   0   0
    Aug 8, 2012
    138
    18
    Madison
    NICS called my FFL back today and he in turned call me and I have my No.4 rollie. Also bought a brick of RWS Special Target .22 LR for $125.00 out the door. Life is good.
     
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