View Full Version : Second BGC when picking up a gun
I bought from a pawn shop the other day and after the unconstitutional BG check I waited the unreasonable 4 days and ten hours that they called 3 day wait. Only to be told that I needed to fill out another 4473 before paying and leaving with my stuff.
Is that legal? Can they get in trouble? Can they use that new BG check to buy something for themselves or to get me in trouble somehow?
I did have to pay for the second one. But she told me I should be happy, because Cabellas charges 50 to 60 for a BG check. I think she was thinking about person to person transfers but I'm assuming that she knew anything.
What are your thoughts?
theGinsue
02-08-2024, 07:30
Under this new law, what is supposed to happen when you go to make the pick up is you sign something that states that nothing has changed since the BGC was run x days ago. If it's been >30 days since you had the BGC run, then you'll need to go through another BGC for this transfer.
bellavite1
02-08-2024, 09:05
Yup, all you need to do is recertify yourself:
Check a box, sign (again) and date (actual pickup date).
rfenster
02-08-2024, 09:08
Did they run a second 'InstaCheck' and make you wait, or just take the form and additional funds and send you on your way with your firearm without waiting again?
If they didn't run a second InstaCheck then I'm thinking that it was just additional revenue for the pawn shop. I guess that even if they ran it thru the state again, it is still additional revenue.
First and Second Posts nail it............. it was unnecessary.
BPTactical
02-08-2024, 10:12
There is a whole lot of "WHAT THE FUCK" on that one DOC.
Ginsue is correct. If the transfer occurs within 30 CALENDAR days from the time of the COMPLETED NICS check the purchaser will certify (line 30) of the original 4473 that their status has not changed and the transfer can be lawfully completed.
With that being said the Pawn shop/FFL is setting themselves up for an instant Revocation. If they are making a buyer fill out a 2nd 4473 WITHOUT a valid NICS check number UNIQUE to that 4473/Transaction and they are transferring the firearm on it they have transferred a firearm on an incomplete 4473. If they are using the NICS check number from the 1st 4473 and copying it to the 2nd 4473 they are falsifying the 4473 and allowing the transfer to occur on an incomplete/falsified 4473.
Trust me on this- between the time I have working the retail end, the time managing my own FFL and what I currently do not to mention spending about 8 hours at SHOT a couple of weeks ago in BATF&E Compliance classes this pawnbroker is either a total idiot or has gotten some very, very bad "guidance".
This administration issued a "Zero Tolerance Policy" on "Rogue" firearms dealers on 6-23-21. They (BATF&E) can now consider ANY violation a "Willful Violation" and as such issue a Notice of Revocation on the spot.
There are 5 deadly sins a FFL can commit that is an instant Notice of Revocation:
1- Transfer to a Prohibited person
2- Failure to conduct a BGC when required
3- Falsification of records
4- Failure to respond to a trace request
5-Refuse to allow ATF to inspect
Can you spot the 2 violations that this FFL is committing with every transfer DOC described?
Can one NICS check be used for more than one firearms transaction?
No. A licensee must initiate a new NICS background check for each completed firearms transaction. However, a person may purchase or acquire several firearms in one transaction.
source: https://www.atf.gov/firearms/qa/can-one-nics-check-be-used-more-one-firearms-transaction#:~:text=No.,several%20firearms%20in%20 one%20transaction.
Stay the fuck away from them
I cant even begin to wrap my head around the cluster fuck of 2 4473's for Disposal of a single firearm.
The way it's supposed to work is if you pick up a firearm a different day than when the BGC was done (which is forced by Colorado's required waiting period), you come back in, sign Section D on the existing 4473 that you filled out days before and you walk out with the firearm.
Period.
Me? I might be tempted to walk back in, point out what you've learned in this note and ask for your money back from the second BGC. If they refuse, tell them you're going to call the ATF to see if what they're doing is kosher. That should wake them up.
...but only if you have proof of two BGC charges, such as a credit card and/or - even better - receipts for both BGCs.
95877
3beansalad
02-08-2024, 11:04
It would be very nice to know where this occurred so everyone can avoid it!
I suspect they are actually submitting a BCG twice... unless they are just making you fill out a form so they can collect a second fee.
The hidden violation in this, ironically, is not complying with a 3 day wait on the 2nd BCG. They won't have the second signoff required, dated (4) days after the transfer. That's another issue for their own records...
.455_Hunter
02-08-2024, 12:04
Sounds like a sham job. What shop has this policy? They need some corrective training.
funkymonkey1111
02-08-2024, 13:30
Cabela's does not charge $50-60 for a background check. It's $10.50, even unlike some FFLs on here that are actually putting a profit on that part of the transaction.
Moreover, Cabela's charged $30 for an FFL transfer.
And yes, you were duped.
I wouldn?t ever do business with that shop again. As everyone else said that?s NOT how it works. I?ve bought a few since the new law, waited the 72 hours, signed the 4473 and went happily on my way-3 different shops, all the same.
That nuts. Imagine if all the FFLs just stopped playing this silly game.
Were you asked to pay for a second BGC or just fill out the form a second time?
Well let?s not hide who it was put them out there so we know who not to use
Sent from my iPhone using Tapatalk
theGinsue
02-08-2024, 21:42
That nuts. Imagine if all the FFLs just stopped playing this silly game.
That be "Game Over" for both the FFL and the buyer. Prisons will always find space to put individuals convicted of violating gun control-based firearms laws.
I wasn't charged for the second BGC. But I had to fill it out on their computer.
There are very few pawn shops that sell guns around me so I am not going say yet. But I think that lady working their should get some training or if she is antigun and screwing over the pawn shop on purpose get fired. Before she does cost the shop its FFL. My concern is what she can use that second BGC for? Can she let a known prohibited person use it and leave me holding the bag like identity fraud? I should call their corporate office.
Anyone know the a number for one of the popular pawnshops bigwigs?
I will take all of them just to be safe. I just don't have time to get jerked around with customer service right now.
Deens Gun Shop used to be there. If you know, you know.
That nuts. Imagine if all the FFLs just stopped playing this silly game.
I think they would get some justice. Or the ATF would be happy to shut them all down. And then they could sue for harm and then get justice.
Great-Kazoo
02-10-2024, 00:24
I think they would get some justice. Or the ATF would be happy to shut them all down. And then they could sue for harm and then get justice.
ATf shut them down? [LOL]
They'd give them an award for doing as much as possible to hinder a lawful transfer of a firearm.
I'd go back and talk to local management, first.
Then send an email to higher up the food chain.
.455_Hunter
02-10-2024, 00:34
Deens Gun Shop used to be there. If you know, you know.
Yup.
That be "Game Over" for both the FFL and the buyer. Prisons will always find space to put individuals convicted of violating gun control-based firearms laws.
I dont think so. Theres not enough Cops in the USA to arrest the amount of people who buy and sell Guns daily, let alone monthly, or yearly.
kidicarus13
02-10-2024, 06:34
Deens Gun Shop used to be there. If you know, you know.Dean's
BPTactical
02-10-2024, 11:40
Did you fill out the 1st one on their computer?
I dont think so. Theres not enough Cops in the USA to arrest the amount of people who buy and sell Guns daily, let alone monthly, or yearly.
It would probably only takes a couple high profile lock them up and throw away the key cases to get the point out there.
I dont think so. Theres not enough Cops in the USA to arrest the amount of people who buy and sell Guns daily, let alone monthly, or yearly.
That was never their intention. They know that is logistically impossible. They would likely target political opponents first.
Did you fill out the 1st one on their computer?
Both times I filled it out was on their tablet.
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