I thought it has already been determined that the gun is never transferred/received/booked in by the FFL until the background check on the new buyer goes through so this idea that you might not get your gun back is a myth?
From the following post:
https://www.ar-15.co/threads/110807-...transfers-etc)
"ATF has since updated and corrected this information, releasing updated instructions to FFLs. It is now clear that, as long as a seller does not "relinquish" the firearm, they can leave with the gun at any point, without performing a background check.A 4473 (background check) is required for all transfers, and logging in/out of FFL books is still required before any FTF transfer can proceed. However, the BGC can happen prior to the transfer, and if the buyer fails, the seller can walk out. Note the $10 Colorado charges still gets charged to the FFL regardless, and you can bet your FFL is going to want their service fee, regardless of pass/fail, since they are taking the time.
Short version:
1) Buyer fills out 4473
2) FFL checks and records buyer ID, marks handgun/long gun/other (no SN# yet), and runs the BGC. CBI charges $10 at this point
3) If pass, FFL takes gun & confirms SN, enters gun into books, writes the SN# on the 4473, and logs the book out to buyer. Buyer/seller leave happy.
4) If fail, seller takes the gun and leaves. FFL did not take possession. FFL does not enter the gun into the books. 4473 gets filed (without SN/gun info)."






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