BGC while at gun shows

[R&S]

or your can call 303.239.4283 and get the same response from CBI (party A would need a BGC to get firearm back)

[Circuits]

*sigh*

https://www.atf.gov/sites/default/fi...rough_ffls.pdf

[BlasterBob]

*sigh*

https://www.atf.gov/sites/default/fi...rough_ffls.pdf

Circuits, apparently some either have NOT read the second page of the above addressed site which contains procedures for denial etc. or they just refuse to accept what the BATF rule means.
"SIGH".
A phone call to the BATF doesn't mean much unless they back up their statement in writing - which they will probably not do.

[crays]

Why two (2) BGC's? Are you saying the seller of the firearm is required to have a BGC also? Never heard of this with the exception of the buyer NOT passing his BGC so the firearm would then have to be returned to the seller after his BGC is passed. What a mess our "know it all" legislators forced upon us.

You are correct. I got a bit ahead of myself.

Sent via my Mobile Work Avoidance Device

[R&S]

Circuits, apparently some either have NOT read the second page of the above addressed site which contains procedures for denial etc. or they just refuse to accept what the BATF rule means.
"SIGH".
A phone call to the BATF doesn't mean much unless they back up their statement in writing - which they will probably not do.

I believe State (CBI) trumps the ATF when it come to transfers. Just as the Feds say 30 round mags are okay, the State (CO) says they are not, hence, the state has trumped the feds. I could be wrong (as usual) but the last time I talked with ATF they said dealers must comply with all State laws.

[Brian]

nevermind

[Circuits]

I believe State (CBI) trumps the ATF when it come to transfers. Just as the Feds say 30 round mags are okay, the State (CO) says they are not, hence, the state has trumped the feds. I could be wrong (as usual) but the last time I talked with ATF they said dealers must comply with all State laws.

So let me hypothetical you here:

Parties A and B show up to do a private party transfer. Party A does NOT relinquish custody of his firearm to you. Party B fails BGC. You do not have Party A's firearm. Watcha gonna do?

[Irving]

So let me hypothetical you here:

Parties A and B show up to do a private party transfer. Party A does NOT relinquish custody of his firearm to you. Party B fails BGC. You do not have Party A's firearm. Watcha gonna do?

Wouldn't you have entered party A's firearm into your books prior to even being able to do the background check? Haven't we been over this once or twice on here already?

[BlasterBob]

Wouldn't you have entered party A's firearm into your books prior to even being able to do the background check? Haven't we been over this once or twice on here already?

According to the BATF instrutctions, the FFL does NOT have to enter the firearm in hls book UNLESS the seller has RELINQUISHED ownership to the FFL. Yes, I believe then it does have to go through the book. I doubt if there is any CO State law requiring the opposite of what the BATF allows in these BGC cases. If there is, let's see it. This has been gone over numerous time but seems very few will agree with what the BATF allows.

[Circuits]

Wouldn't you have entered party A's firearm into your books prior to even being able to do the background check? Haven't we been over this once or twice on here already?

The ATF procedure I linked to very clearly states it doesn't go on your A&D Book until either a) the firearm is left in your custody, or b) the transaction has been approved to proceed and the firearm is being given to the transferee. All the FFL needs to know to submit the private party transfer request is the transferee's information, and whether it is a long gun, handgun or other.