Second BGC when picking up a gun

[DOC]

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]

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]

Yup, all you need to do is recertify yourself:
Check a box, sign (again) and date (actual pickup date).

[rfenster]

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.

[Oscar77]

First and Second Posts nail it............. it was unnecessary.

[BPTactical]

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-...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.

[O2HeN2]

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.

[3beansalad]

It would be very nice to know where this occurred so everyone can avoid it!

[FoxtArt]

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]

Sounds like a sham job. What shop has this policy? They need some corrective training.