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Can FFL refuse to xfer after 3-days in delay?

FortWorthJake
I had a GB purchase shipped to a new dealer I found on GB. I warned him ahead of time NICS likes to delay me but I always get approved. While waiting he musta said 3x he would sell the gun for me if I was denied. I kept telling him it wasn't gonna happen.
I know after 3 days no response, they're legal to xfer, but he says he won't do it cuz the ATF will give him a hard time on audit. After thinking about some of his remarks, , I'm now worried he's looking for an excuse to keep & resell the gun.

So if no response after 3biz days and he refuses to transfer it to me, what recourse do I have? Is it legal for him to do that? My understanding is no response after 3 days is equivalent to am approval,

Thanks!
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Comments

10 comments

Date Votes
  • rufe-snow
    No offense. But you should have got this worked out with him, ahead of time. Being that you have had previous problems with the feds.

    Kind of late in the game now. Personally I never was aware of this 3 day thing, is the same as approval? If you can dig up the federal reg off the net, that spells this out. Print it, take it in, and show it to him.
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  • FortWorthJake
    Never a problem in the past with 5 other dealers, so there was no reason to think
    it would be now.
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  • nmyers
    There is no "3 day rule". There are different ways to submit a NICS request, but a response should take no more than several minutes.

    Just because you got a certain response one time, that doesn't mean you will get the same response another time. States are constantly improving their computer systems, & reporting new (& old) problems with your past. Treasury also corrects bad/incomplete information on their master file, but the responsibility for straightening things out with state/local agencies is yours.

    Have you completed your Form 4473? If not, there's no need to worry. FFL's answer to a higher authority.

    Neal
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  • FortWorthJake
    Yep, got the 4473 filled out.
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  • martinicadet
    read 21D on your 4473, if NICS doesn't contact the FFL within 3 business days after the delay your good to go.
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  • llama
    quote:Originally posted by martinicadet
    read 21D on your 4473, if NICS doesn't contact the FFL within 3 business days after the delay your good to go.


    Doesn't stop some from refusing to transfer... esp. the big box stores. Apparently at least one small business FFL.

    To the OP - you own the gun, you paid for it, you have proof of it. Even if you got a flat out denial, it is still your property and your choice to sell, have shipped to another dealer, etc. If your current FFL tries to keep it, simply file a theft report.
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  • FortWorthJake
    I went ahead and filed an appeal of the "delayed". Maybe if I can get the reason we can get this BS cleared up.

    I just assumed 3-days was a hard-limit. Last time I bought was when NICS was going crazy. After three, the dealer said come & get it.
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  • ruger41
    If you keep getting delays you might want to apply for a unique PIN number from ATF. Theres probably someone with your similar name who keeps getting you delayed.
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  • 11b6r
    Let's use the right terms. A Dealer may NOT transfer a gun to you if you are DENIED. If there is a DELAY (different) and after 3 days it is not resolved, he MAY proceed with transfer. He is not required to, he MAY. Have not seen a dealer given a bad time on audit for doing what the regulations specifically state they MAY do.

    The receiving dealer has no ownership of the gun. It is in his care and custody, which is different. Even if you were denied, you could have him ship it to another dealer, or sell it on your behalf. Expect to pay shipping costs.

    As said, if you get delayed a lot, apply for a UPIN. Think you have problems? I know a Charles Manson. Really. Do you suppose HE gets delayed?
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  • FortWorthJake
    Yep, definitely gonna get the UPIN.

    Thanks all!
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