Gun store trying to keep firearm prior to trade

[Glock]

I'm curious about an incident I heard about recently.

A person that just got a LTCH 3 months ago walks into a gun store to trade a Glock for a Sig handgun. The guy behind the counter takes the glock and looks it over and they come to an agreement. Gun store runs a backround check and there is a hold applied. Gun store says we can't legally give you your Glock back when there is a hold applied.

The person coming in the for trade hasn't had anything happen since getting the LTCH (or ever) that would change his ability to purchase a gun.

Does this sound legit?

 

[Leo]

Once the Glock was written in the FFL's received arms record, there is no legal way for the transaction to be undone.

It is unpleasant, especially if it is all over paperwork at the NICS office. If the hold is not upgraded to "denied" status in 72 hours, the transactions can go forward as planned.

I know a guy with a pretty common name who's father had been in legal problems. He gets put on hold every time. Three days later he comes back and finishes the transaction.

 

[Leo]

.

 

[Nacelle]

Get your trade-in back in your hands before you fill out the 4473. Once you're clear, then hand it back and finish up the paperwork. Good to know.

 

[Leo]

Get your trade-in back in your hands before you fill out the 4473. Once you're clear, then hand it back and finish up the paperwork. Good to know.

I agree with you as far as not wanting to play NICS foolish games, but walking out with it once it has been entered is a good way to end up arrested. The FFL is legally bound to call the law enforcement on you, just the same as if you stole it. It stinks, but patience is all that will work. THe FFL's don't like it either, but they don't want to go to jail because of things like this either.

 

[GodFearinGunTotin]

 

[rdavis006]

If the person wanted to avoid future holds he or she could always file a voluntary appeal file which should prevent similar experiences in the future

 

[Birds Away]

The best idea is to never trade your gun at a gun shop. You will lose money every time.

 

[Vigilant]

I've NEVER seen a gun entered into the bound book immediately? Even working at a shop, they got entered at the close of business. New ones in from the dist. were entered before they hit the shelf, but not when UPS dropped them.

 

[WebSnyper]

The best idea is to never trade your gun at a gun shop. You will lose money every time.

I'd say almost every time. I've done well on some trades, and factor in the sales tax savings on the trade portion, and it can just about be even with a private sale.

 

[17 squirrel]

I agree with you as far as not wanting to play NICS foolish games, but walking out with it once it has been entered is a good way to end up arrested. The FFL is legally bound to call the law enforcement on you, just the same as if you stole it. It stinks, but patience is all that will work. THe FFL's don't like it either, but they don't want to go to jail because of things like this either.

With what was posted how did you come to the conclusion that the Glock had been logged in his bound book ???

 

[Trigger Time]

The best idea is to never trade your gun at a gun shop. You will lose money every time.

Pretty much. Some friendlier shops will even advise people that they will do better on the private market. But when some people have something they really want and it's in front of them, they don't always take sound advice and a business MUST make money or it will die.
as mentioned above, once the gun has been entered into the FFL book it's not getting taken out except on a 4473. The delay isn't the gun shops fault. Also after the 3 day Brady wait period nics can even issue an extended delay to further research that person and make the wait even longer. Not the shops fault. They don't like delays as much as the next guy because it's a hassle. But the law. And no one wants to go to jail over a gun

 

[Trigger Time]

With what was posted how did you come to the conclusion that the Glock had been logged in his bound book ???

As soon as the person agrees to a trade then the gun should have been recorded. Prior to the 4473 being run.

 

[17 squirrel]

No way,, that pistol would have been logged in later that day during a slow period , after the store close's that evening or the next morning before then shop opened for business.
Show me where atf says it has to be logged in asa the deal is sealed.
I believe it's 24 hours.. ????

 

[17 squirrel]

Atf's website says,

How much time does a licensee have to record the acquisition and disposition of firearms?

1. Dealer Acquisitions:
Generally, for licensed dealers the purchase or other acquisition of a firearm shall be recorded not later than the close of the next business day following the date of the acquisition or purchase. However, if commercial records containing the required information are available for inspection and are separate from other commercial documents, dealers have 7 days from the time of receipt to record the receipt in the acquisition and disposition (A&D) record.

 

[Bfish]

I'm not saying it couldn't have been put into the log book right away because it could have been. But it is odd, and if it had not been entered into the book he should have been able to leave with it.

That being said, so long as everything works out with the NICS all will be well and he will have his SIG. It just isn't fun to have to leave with nothing and wait in the mean time.

 

[17 squirrel]

Exactly, my guess is the dealer is way ahead with the trade and does not want to lose this deal..

 

[Dirtebiker]

As soon as the person agrees to a trade then the gun should have been recorded. Prior to the 4473 being run.

No way the gun is entered into the bound book immediately. It doesn't work that way.

 

[Nacelle]

I agree with you as far as not wanting to play NICS foolish games, but walking out with it once it has been entered is a good way to end up arrested. The FFL is legally bound to call the law enforcement on you, just the same as if you stole it. It stinks, but patience is all that will work. THe FFL's don't like it either, but they don't want to go to jail because of things like this either.

Jump to conclusions much? You take your gun in and ask how much you would get for it in trade for what you want. Before you agree to the deal, ask for your gun back. It is still your gun. Tell them the amount is acceptable and fill out the 4473 before any money changes hands. If you don't clear, walk out of the store with your gun. They never took possession of it. You only had it appraised.

 

[churchmouse]

I've NEVER seen a gun entered into the bound book immediately? Even working at a shop, they got entered at the close of business. New ones in from the dist. were entered before they hit the shelf, but not when UPS dropped them.

This.