Gunsmoke...

[OneGuy67]

The only thing that I got out of this was, the CBI really don't know what the hell to do. They don't know how to interpret the FFL form. It's pretty simple really re write the form so that there is a black and white interpretation.
It just goes to show the government can't handle the gun laws they got now. How the hell are they going to enforce any new ones? Thank God!

Huh? The CBI conducts a background check on the potential transfer. That's it. The form is a FEDERAL form required by the ATF, not a CBI form.

The disconnect is, with very little exception (Gunsmoke being one), all FFL holders run a background prior to selling the firearm; Gunsmoke sells it and then checks prior to transfering ownership. I STRONGLY disagree with how Gunsmoke runs their business and Rich Wyatt has gone cross with Tom Martino four times in the past year that I've listened to the show. After listening to the show, the issue revolves around Rich's belief that the question on Form 4473, 11a, which says "Are you the actual transferee/buyer of the firearm(s) listed on this form?" Rich's complaint about it being a felony if she lied on the 4473 isn't valid either, which he says is a felony, but it is a FEDERAL felony, not a violation of state statute PER SE. One could argue a Fraud charge, but I personally haven't been successful in getting a District Attorney to charge it if it doesn't deal with question 11a. Those who "straw purchase" are in violation of state statute.

Frankly, good business practice would have you run the background check prior to selling the gun in order to stop any potential issues if the background is failed for any reason. Or, immediately refund the money without a question.