Question regarding FFL pick up from another FFL after background check has been started?

[Camelfilter]

Getting cooperation from FFLs currently holding the firearms is going to be the biggest hurdle to this maneuver. If they don't like the three day releases, they might not approve of other FFLs who are doing them.

Any number of reasons why an FFL may not want to cancel, as well as for no reason at all...

 

[TTSX]

 

[Velzey]

Yeah I've tried the email process. Weeks went by….crickets

 

[arakboss]

I'm glad you were "told" this. An FFL who I trust just said it can't be done. So you go with what you were told on the phone. I will take Velzey at his word FAR over what you were told over the phone.

Probably not worth much to you but I was standing in front of the FFL when he told me this.

 

[arakboss]

Yeah I've tried the email process. Weeks went by….crickets

Was a response required?

 

[Velzey]

Was a response required?

Yes

 

[suretyinarms]

Speaking as an FFL in Washington who already has to defer BGC's to the CLEO for any pistol or SAR. I would not have the option to cancel via email. You have to submit the request snail mail and they don't utilize email systems for the requests. Sometimes you get an approval back in email, it just depends on the agency you are working with. In 2024 all BCG's in Washington will go through the centralized process of the state agency performing the NICS request, no dealers will be able to. That is for shotgun, pistol, SAR, anything. Right now it's only pistol and SAR. More revenue they get to collect.

 

[Kruel J]

I'm glad you were "told" this. An FFL who I trust just said it can't be done. So you go with what you were told on the phone. I will take Velzey at his word FAR over what you were told over the phone.

Agreed. Lots of misinformation being spread from people that dont know WTF they are talking about.

 

[arakboss]

Does FFL have to "renew" background check after 30 days has past? If so by not renewing wouldn't that cancel background check without having to call it in?

 

[Jay Walk]

Trying to get your firearm out of Gun Jail by explaining laws that have not been clarified yet.

 

[Uberdillo]

The FFL where the bg check is in process needs to call and cancel the transaction. The state does ask why the bg check is being canceled.
Then the firearm is free to go to whatever ffl you want.

You say "needs," is that a requirement?

Scenario: I paid for a gun that was at my FFL, physically held the gun, have receipt of purchase. Background check is ongoing. No 3-day release so I wait.

My FFL got rid of the gun. I believe they sent it to another FFL in another state. I'm still waiting on my BGC. FFL states they no longer have any intention of selling me the firearm (magazines are too big...). They've made no move to cancel the BGC or refund me.

They can just get rid of the gun? Without even canceling the BGC? I understand I'm SOL but I figured there would be some rules regarding these transactions.

 

[arakboss]

You say "needs," is that a requirement?

Scenario: I paid for a gun that was at my FFL, physically held the gun, have receipt of purchase. Background check is ongoing. No 3-day release so I wait.

My FFL got rid of the gun. I believe they sent it to another FFL in another state. I'm still waiting on my BGC. FFL states they no longer have any intention of selling me the firearm (magazines are too big...). They've made no move to cancel the BGC or refund me.

They can just get rid of the gun? Without even canceling the BGC? I understand I'm SOL but I figured there would be some rules regarding these transactions.

How long did you wait before they got rid of firearm?

 

[Uberdillo]

How long did you wait before they got rid of firearm?

Like 25 days. Checked in with them regularly up until about day 22, things seemed good.

 

[arakboss]

Like 25 days. Checked in with them regularly up until about day 22, things seemed good.

It's possible that they let your background check expire (at 30 days?) before the new FFL received the transfer?

 

[docwolf]

Good to know following Federal law and State law regarding three day releases is not on the up and up. The original FFL is welcome to charge a fee for their trouble, that should help add to the elation of their customers with their stuck firearms due to FFL policy.

Free our firearms. If three days passes muster, free them. There is no shame in freeing them. Life comes with risk. Are you going to live in fear and forfeit your rights one foot at a time, or are you going to take calculated risks to stay ever vigilant defending and maintaining your rights?

 

[Alexx1401]

You say "needs," is that a requirement?

Scenario: I paid for a gun that was at my FFL, physically held the gun, have receipt of purchase. Background check is ongoing. No 3-day release so I wait.

My FFL got rid of the gun. I believe they sent it to another FFL in another state. I'm still waiting on my BGC. FFL states they no longer have any intention of selling me the firearm (magazines are too big...). They've made no move to cancel the BGC or refund me.

They can just get rid of the gun? Without even canceling the BGC? I understand I'm SOL but I figured there would be some rules regarding these transactions.

This is now a civil action. NOTHING anyone tells you here is going to matter. You can't walk in with a printed out version of what someone here tells you and expect anything. This is now on you to deal with the shop. If you feel like sharing the entire story here not just "you think" it would be interesting to hear the name of the shop for others.

 

[Velzey]

You say "needs," is that a requirement?

Scenario: I paid for a gun that was at my FFL, physically held the gun, have receipt of purchase. Background check is ongoing. No 3-day release so I wait.

My FFL got rid of the gun. I believe they sent it to another FFL in another state. I'm still waiting on my BGC. FFL states they no longer have any intention of selling me the firearm (magazines are too big...). They've made no move to cancel the BGC or refund me.

They can just get rid of the gun? Without even canceling the BGC? I understand I'm SOL but I figured there would be some rules regarding these transactions.

Yes they need to call and cancel the pending bg check. ( even tho they will be on hold for hours) They cannot sell or trade that firearm until it clears. I would talk directly to the owner of the shop.
Something is fishy

 

[arakboss]

Yes they need to call and cancel the pending bg check. ( even tho they will be on hold for hours) They cannot sell or trade that firearm until it clears. I would talk directly to the owner of the shop.
Something is fishy

What happens to background checks that go beyond 30 days? Is there any point where the background check expires?

Edit: According to the ATF website the 4473 is only valid for 30 days unless a new NICS check is initiated. I am wondering if in @Uberdillo situation the FFL did not initiate a new NICS check after 30 days and let the old one die. Is that a possibility?


"A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted.

Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form."

 

[Velzey]

I've never had one pass the 30 day mark. Even lately, if the customer is still 10,000 in queue and at the 29/30 day mark. Usually the last day they will be processed.

 

[arakboss]

I've never had one pass the 30 day mark. Even lately, if the customer is still 10,000 in queue and at the 29/30 day mark. Usually the last day they will be processed.

That may mean there is hope for those getting close to 30 days in the queue.