Legal or Gun Shop Hoopla?

[C5rider]

Was speaking with a friend who lives in a different state than I do and they were explaining to me about a recent occurrence that a mutual friend experienced while trying to purchase a gun.

He was purchasing a rifle for his son to use for deer hunting at a local Gander Mtn. He picked out the gun, filled out his 4473 and the guy behind the counter began processing it.

Background: The guy had a skirmish with his wife a while back, and she filed for protection from him. He used a term (TPA or something like that), basically, it was a domestic violence issue. They are now back together and worked everything out.

Back at GM: The guy behind the counter comes back and says, "Legally, I can't sell you the gun. And, I should be calling the cops right now. But if you just walk away, and leave, there's nothing I can do."

Now, so far as I know, sorry that it IS just a little information, but the only info that the LGS guy should ever get is a Deny, Delay or Allow when calling in the 4473, right?

Whether the friend can get the domestic issue removed isn't the question. What I am curious about is whether the LGS guy simply wants to be a drama-show star or, is there something that I'm missing?

IF the friend honestly believes that everything should have been taken care of previously, and filled out the 4473 form as such, then there's no big, scary, cop-festering issue to be had, yes? No? What say you all?

Never had any sort of issues like this personally, so I'm really out of my element of knowledge, but my friend asked and I just couldn't answer him.

Thanks for any insights.

 

[EMNofSeattle]

The NICS should only say delay or proceed.

If your friend was not convicted of a DV offense and doesn't have a current restraining order against him he's not in violation of federal law. I don't know what the law is in your state,

 

[JohnKSa]

The NICS should only say delay or proceed.

There are three possible responses. DENY, delay or proceed.

 

[Bezoar]

all he can do is talk with the state police, and then go call up the complaint line to the atf.

 

[USAF_Vet]

Counter guy is being a cowboy. Even if NICS came back with a DENY, there would be no reason to call the cops. He should have instead given your friend the NICS transaction number so he can appeal, if it was in fact denied.

But let's face it, most register jockeys at big box sporting stores know about as much about firearms laws as I know about quantum physics (or less).

Your friend should have spoken to the manager on duty.

 

[KenW.]

Your friend should look into getting his record expunged. Gun stores exist to make sales anyway.

 

[C5rider]

Thank You!

Thank you for the info.

The hairs on the back of my neck led me to believe that was the case, but I didn't want to assume. I know that the 'net isn't definitive legal advice, but so far as answering my friend's question, I think this helps.

 

[RustyShackelford]

Laws lawyers & PFAs......

It could be a PFA or Protection From Abuse your friend(or friend's friend) has.
It sounds like the woman(girlfriend-spouse) filed a PFA but did not go to the courts or LE/soc services & get it cleared up.
If your bud wants to go buy guns, tell him to get the court records cleared up.
He might need to get a special ATF ID # he can purchase firearms with.

If you have restraining orders/domestic issues/pending charges, buying firearms should be your first priority.

 

[Mainsail]

The guy behind the counter comes back and says, "Legally, I can't sell you the gun. And, I should be calling the cops right now. But if you just walk away, and leave, there's nothing I can do."

So how did he get "call the cops" out of deny, proceed, or delay? I don't think his rap sheet is transmitted to the gun seller, and even the worst one, 'deny' doesn't mean much on its own.

Did your friend answer yes to one of the no questions?

 

[burk]

While I would never tell a guy "I should be calling the cops right now", the reality is if he answered wrongly on the 4473 (implying that the PPO was still in effect or mis-reading the question) the employee in question is not even supposed to run a NICS check. Answering any of the questions incorrectly makes you ineligible to purchase and it's a felony for the dealer if the firearm is transferred.

Gander does instruct it's employees to offer a customer the chance to correct an answer, but we can't coach a customer as to which question was answered incorrectly. I had one customer that simply couldn't comprehend the questions, (he thought a basic speeding ticket was a felony). I was unable to transfer a firearm to him.

I work PT at Gander, and we are instructed clearly that if we receive a denial on a NIC's we are to log it in, and inform the customer of their rights for appeal and abort the sale process. If we have a delay, we offer to and usually put the firearm on hold until the we get an update from NICS or the 8 day period with no answer is completed. For the record I've never seen a delay turn into a denial, but I'm not saying it can't happen.

As far as calling the cops, I've had two I wish I could on, but the sad fact is the local LE doesn't enforce Federal firearms statutes, and the Feds aren't evidently interested in prosecuting straw purchasers or Felons attempting to purchase. We've never had an inquiry about an attempted illegal purchase since we've been opened and we've transferred over 25,000 firearms, and the times we've followed up with a few of obviously intentional illegal purchases the ATF did nothing.

 

[Frank Ettin]

It looks like the OP has his answer.