brucaru
Active Member
- Sep 14, 2011
- 150
mistakenly answered question one on 4473
- Thread starter brucaru
- Start date
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Jstevens56
Ultimate Member
I'm sure this can easily be corrected. Anyone can make an honest mistake, especially if you've never filled out a 4473.
Sent from my iPad using Tapatalk
Sent from my iPad using Tapatalk
So, what I find hard to believe is that the clerk checked out the form and called it in anyway? He HAD TO KNOW it wouldn't get approved. Guess he made a mistake too.
Something isn't right somewhere.
Something isn't right somewhere.
Jstevens56
Ultimate Member
brucaru
Active Member
- Sep 14, 2011
- 150
Two things:
First, clerk did not call anything in, it was an eForm. I don't know if he went over the form with him or not.
Second, it is DSG well known for the most thorough and knowledgeable staff in the shooting community.
fabsroman
Ultimate Member
People sign their tax returns under the penalty of perjury, and I seriously doubt most know what that tax return actually means.
Sounds like the guys at Dicks are brain surgeons moonlighting behind a gun counter.
Q: Can a licensee transfer a firearm to an individual who answered “yes” to a prohibitive question in Block 11 of the ATF F 4473, even if the individual passes a NICS check?
A: No. If the prospective purchaser answers “yes” to any of the prohibitive questions, the licensee has reasonable cause to believe that the transferee is prohibited. Accordingly, the transfer of a firearm to such a person would be in violation of federal law. This is true even if the licensee received a “proceed” response from NICS. There is no reason for the licensee to contact NICS after a person indicates on the Form 4473 that he or she is prohibited from receiving firearms. The licensee should simply advise the prospective purchaser that the firearm may not be transferred. [ATF Newsletters 9/99 and 5/01]
So, once the seller saw that the buyer answered question 11(a) in the negative (i.e., the buyer was not the actual buyer of the firearm), the transaction should have ended and there should have been no need to even contact NICS.
Seems as though the buyer could then go to another FFL, properly complete the Form 4473, and that would be the end of this mess.
Does anybody have anything that supports the 30 day wait period, etc? Does an FFL actually provide the Form 4473 answers to the ATF when the FFL does the NICS check?
fabsroman
Ultimate Member
I bring an attorney along with me to help me figure out all these forms. I mean, Form 4473, Form 77r, and my FFL even had a hold harmless and indemnification agreement last June for 7 day release. Enough to make a layman's head spin, I tell you.
fabsroman
Ultimate Member
The damn e-forms are a POS. My brother walked away from a gun purchase at Outdoor World because the e-form would not recognize him as a citizen, and then after they restarted the entire thing the laptop touchpad would not work properly. One of the employees there was a complete tool too. Left a Benelli Super Vinci, 2 Browning gun safes, and 10 boxes of ammo behind. Felt bad for the guy that was helping us with the safes, but found out he doesn't work on commission so it helped me sleep better that night.
1.) Probably just store/corporate policym
2.) Yes. Everything on that form is relayed in the transaction. Sometimes multiple times in case the speaker or listener cant hear each other.
fabsroman
Ultimate Member
Thanks.
- Feb 4, 2013
- 28,175
Hmm, I have stood there while they called in a NICS check, I don't remember hearing them go over everything on the form.
I can't believe it took 23 posts before someone questions the store clerk's ignorance and stupidity for not catching it. Everyone must be tired. Ok guys, put the pens down and step away from the 4473 form!
Something as serious as filling out a form to exercise your 2nd Amendment rights is no time to be an idiot. I'm sure he learned his lesson and we all just got a wake up call on not to take these forms lightly.
smokey
2A TEACHER
- Jan 31, 2008
- 31,535
No biggie, people did this relatively frequently when I sold guns at the basspro counter...especially once the laptops came around. That 4473 should have become a "lost sale" immediately following that question. Your buddy would have been told he can't get the gun that day and to come back tomorrow. If he has any questions regarding the eform, call fbi nics
The sphinx
Ultimate Member
Man the ******* MDS are out in force
kalister1
R.I.P.
This begs the question: Should the FFL loose His / Her License for taking part in said Straw Purchase? Apparently the FFL was a willing accomplice.
Or maybe it was just an honest mistake?
Or maybe it was just an honest mistake?
Joseph87'
Nobama
Who's to say he was young, where does the OP state age of him or his friend...Let's categorize all young ppl into one category.. Dick
There is no due overs, make up tests(unless absent), extra time or moms to fix problems. If you don't pass certain tests in moco you don't get a full HS diploma, just a certificate. Basically stating you didn't earn a degree but did attend school 4years and they will not further your HS education. Your watching too much tv or having ignorant convos to believe that. Im not far off from high school or college(still go actually). None of what you states was or is true in my world, in Montgomery county public schools and its community college. You also state that we have no penalties which is completly false. Back in your day it was fukn easy to get away with crap, we are watched like Hawks and you know that is a fact. There are Cameras in every school hallwaysand parking lots that can see into your vehicle. You can no longer speak freely or be controversial, can't say anything remotely sexist/racist/or religion based without immediately being sent to administration. Getting expelled from school became the "norm" as of recent. Go look at numbers from 2000's, its is ridiculous the amount of kids thrown out of school for petty incidences(not causing harm or property damage). Teachers became baby sitters(not all of them) that choose to send students away instead of reaching out. When you were in school I bet a fight didnt lead to both parties being expelled and charged with assaults. I can keep making a comparison of when you were young to when I was young in school but it's pointless. On certain levels you are correct but you need to know more before categorizing a generation of ppl and being rude.
Ah! Brain Fart! My reading comprehension needs some work!
I still stand by my advice on the dog, though.
So, let's say I'm stupid, have made a straw purchase before and answered yes. IT comes back denied. There is no appeal process and after "whatever time" I go try a purchase again and this time answer no. There, I get my gun.
Sooooo, where is the consequence for having done a straw purchase (if not having been arrested for it at some point) if I could just explain I made a mistake and checked the "wrong box"?
Sooooo, where is the consequence for having done a straw purchase (if not having been arrested for it at some point) if I could just explain I made a mistake and checked the "wrong box"?
