mrvmax wrote:This is really nothing new but it is getting a lot of attention. Let me explain, customer comes in to purchase a firearm and fills out the 4473. The NICS background check is run and comes back as delay. There is a 3 business day waiting period (which is actually 5 days since the first and last day do not count. It ends up being more during holidays but I digress). So let's suppose they came in on a Monday and it got delayed, legally I can transfer the firearm on Friday if there are no updates and it still shows delay.
The way NICS works is that the initial background check info goes to an employee at the FBI that has no access to look into someone's criminal records. They simply look for flags on the 4473 with their database and if anything pops up they give up to employees that have proper access to look into the individual (this was explained in a training class by the lady that runs NICS). So let's suppose that the customer filled out the 4473, I submit it to the FBI through E-Check and it goes to the FBI employee (or computer) looking over the 4473 and something shows up. Perhaps a person with the same name has a felony - so it goes to delay while they forward to another person who has the clearance to look into the background and see if that is this person. So they have until Friday morning to find out if this person who filled out the 4473 is a prohibited person that the have in their database, program, NCIC or whatever they use at the FBI. They then have to look into records or contact local law enforcement to verify whether or not they are prohibited. They do not always get answers back in three days for their requests. I have had some NICS checks stay open for a month.
So now we are at Friday and I tell Joe Blow to pick up his handgun, legally I can transfer it. Joe Blow picks it up and I never see him again. Two days later NICS gets a response to their request and find out Joe Blow had a stalking complaint (or arrest or dishonorable military discharge or anything else disqualifying). So NICS changes the status (which was "open") to "deny" and call me and ask if I transferred the firearm to Joe Blow. I tell them I transferred after 3 days like I legally can and that Jow Blow now has the firearm. NICS contacts ATF to retrieve the firearm since Joe Blow was a prohibited person. Keep in mind that although an FFL can transfer after three days if they do and the person ends up being prohibited and ends up committing a crime the media will try to ruin that FFL with all the negative attention. I think this is why places like Academy will not transfer until they get a "proceed".
So now let's talk about those that are prohibited. I have had a handful of deny status since I have been selling firearms and not one of those people did not know they were prohibited. One guy asked me after getting denied if I think that the felony he had as a teenager was still on his record. Yes, he really asked that. Another guy had a family related charge for assault that he "thought wouldn't have shown up". Those that are prohibited know it when they fill out the 4473. From what I see this is not the case of the government trying to seize guns. If someone were committed to a mental institution they know they were and they are responsible for reading the 4473 and knowing what they are signing. I have had people who were not sure if they qualified ask me and I refer them to an attorney (it is normally people who have had problems as a teenager and think the charges can no longer be seen or should have been dropped). I do not see this as a gun grab but normal business as usual.
I agree with this total assessment and your experiences mirror mine in the limited time I have been in the business. My only question is, what authorizes the ATF to seize real property, without compensation? I understand that if the person is actually prohibited, then they should not possess guns, but what happens to the seized guns? As an American citizen, they should belong to all of us. Also wouldn't there be a risk that the person, in question, has been the victim of stolen identity, or some other administrative foul up, and would then be unlawfully denied their right to keep and bear arms. What avenues are available to innocent people who have guns taken?
This is just my opinion, but the whole story sounds a lot like political posturing, to give the general public the impression that "something" is being done, when they freely admit, that even if they had the manpower, few have the guts to kick in doors of armed citizens.