? about new background laws

[Circuits]

Maybe I'm confused but I thought that the law to start in July is the hi-cap mags and the backgcheck and bkgcheck fee already started in March, if not why the FFL Dealers start to take the $10 fee in march?

BG check fee kicked in as of 3/20/13. BG check requirement for private sales, and magazine ban do not take effect until 7/1/13.

I imagine it will be implemented the same way as the background checks currently required for private transactions conducted at gunshows. As I haven't gone to a gunshow since long before that stupid law took effect, and am an FFL it doesn't apply to anyway, I have no idea how that's been working for the past seven years.

[Shiro]

Only the purchaser has a background check going on, so you are still in possession of your gun until YOU sell it. The change is that you have to wait until a background check completes. You do not escrow your gun with the dealer. If you did this, you are selling it to him, and if the BG fails, he would be stuck with it. A number of stores are saying they will not participate in this, since it does not really help them make revenue, and is alot of overhead.

[BlasterBob]

Only the purchaser has a background check going on, so you are still in possession of your gun until YOU sell it. The change is that you have to wait until a background check completes. You do not escrow your gun with the dealer. If you did this, you are selling it to him, and if the BG fails, he would be stuck with it. A number of stores are saying they will not participate in this, since it does not really help them make revenue, and is alot of overhead.

As I understand the new BG check requirements, the seller hands the firearm over to the FFL who MUST log/enter it into his "book" as a received firearm. Is not logged out until the purchaser gets the CBI clearance. I believe the firearm has to stay with the FFL (even for days if the CBI is slow again) until it is logged out. It would appear that it had better be there if the BATF makes a surprise inspection and will want to know why it's missing IF the FFL were to give the firearm back to the seller while waiting for the clearance notification (that is if it takes more than a day for the notification to be received).
It will be very interesting if the purchaser does not pass the BG check AND the seller also fails the BG check. What disposition will be made of the firearm. This thing can get real complicated!!

[86k10]

I only bought one rifle at the gun show and IIRC he went with me to the lady that was doing $10 BGC to fill out some form and I did the 4473, once cleared I took the form to him and he still had the rifle. If the new law is written that I have to give the firearm to the FFL before the buyers BGC is complete I may just co-sign it or make the buyer give me the money as I give it to the FFL with the understanding he needs to bail out the firearm from the FFL, he bought it and if he can't pass the BGC he needs to co-sign it with that FFL to get his money back if law and FFL permits this theory.

[Shiro]

Really, so the firearm is in escrow, basically?

[Shiro]

(4) IF THE BUREAU APPROVES A TRANSFER OF A FIREARM
19 PURSUANT TO THIS SECTION, THE APPROVAL SHALL BE VALID FOR THIRTY
20 CALENDAR DAYS, DURING WHICH TIME THE TRANSFEROR AND TRANSFEREE
21 MAY COMPLETE THE TRANSFER.

Hope this helps resolve the question, I read that the FFL gives you the background report, with pass/fail, and it's up to you to enforce it.

[Delfuego]

As I understand the new BG check requirements, the seller hands the firearm over to the FFL who MUST log/enter it into his "book" as a received firearm. Is not logged out until the purchaser gets the CBI clearance. I believe the firearm has to stay with the FFL (even for days if the CBI is slow again) until it is logged out. It would appear that it had better be there if the BATF makes a surprise inspection and will want to know why it's missing IF the FFL were to give the firearm back to the seller while waiting for the clearance notification (that is if it takes more than a day for the notification to be received).
It will be very interesting if the purchaser does not pass the BG check AND the seller also fails the BG check. What disposition will be made of the firearm. This thing can get real complicated!!

I was told by my FFL just two days ago that this is the way it will happen. Also if the buyer fails his BG check, the seller will have pay for and pass a new BG check the re-take possession of the firearm.

[Irving]

Why wouldn't you just hold onto your gun until the other guy passes the background check, then the dealer can dick around with the input/output paper work. Why must the gun be in possession of the dealer before the background check can be done? Since when does a gun have to even be part of the equation to run a background check?

[Jer]

Why wouldn't you just hold onto your gun until the other guy passes the background check, then the dealer can dick around with the input/output paper work. Why must the gun be in possession of the dealer before the background check can be done? Since when does a gun have to even be part of the equation to run a background check?

I don't know but I'm not participating in any of this tomfoolery.

[Great-Kazoo]

Why wouldn't you just hold onto your gun until the other guy passes the background check, then the dealer can dick around with the input/output paper work. Why must the gun be in possession of the dealer before the background check can be done? Since when does a gun have to even be part of the equation to run a background check?

Because in order to transfer the firearm the FFL MUST Log the gun in to their bound book. Once the BGC gets approved the owner takes possession. IF the BGC buyer gets denied. You the seller must have a bgc check done on you in order to have the gun taken off the FFL's books. What's happening is the FFL is now acting as the "middle man" for the deal.