NICS form question

[cityartisan]

Purchased a firearm at a local gun dealer yesterday, i won't mention the name but they have an excellent rep. Made the transaction there w/o any problems, the background check cleared instantly. Today i had a phone message from the dealer saying i need to come back in the store to fill in a couple questions accidentally left blank. For one thing, it's a a major PITA to get out there, which was the main reason i purchased the gun yesterday, basically on impulse, so that as mentioned to the sales clerk wouldn't get home and get the, "woulda coulda shoulda" recourse. Personal gripes aside,
1) Am i obligated to honor this request?
2) If so, why can't the form be mailed to me-fixed, and then sent back.
But most of all, since the BTFE cleared it, and the transaction made, done deal - why would they(the dealer) have any interest anyway?
Maybe this is fate telling me i need to get a law degree once more, until then,

 

[SEIndSAM]

Purchased a firearm at a local gun dealer yesterday, i won't mention the name but they have an excellent rep. Made the transaction there w/o any problems, the background check cleared instantly. Today i had a phone message from the dealer saying i need to come back in the store to fill in a couple questions accidentally left blank. For one thing, it's a a major PITA to get out there, which was the main reason i purchased the gun yesterday, basically on impulse, so that as mentioned to the sales clerk wouldn't get home and get the, "woulda coulda shoulda" recourse. Personal gripes aside,
1) Am i obligated to honor this request?
2) If so, why can't the form be mailed to me-fixed, and then sent back.
But most of all, since the BTFE cleared it, and the transaction made, done deal - why would they(the dealer) have any interest anyway?
Maybe this is fate telling me i need to get a law degree once more, until then,

It's a CYA thing for the FFL. He should have checked that everything was filled out before it was called in. They always have for me.

 

[IndyDave1776]

The dealer will be hurting if the ATF decided to do a routing random inspection of records.

 

[GBuck]

I don't know for sure, but I don't see how you would be required to go back once the sale and background check were complete. I do however think it would be kinda a prick move not to. I'm sure they didn't want to have to call you any more than you want to go back, alas, they did. They can get in some trouble for not having paperwork in order.

 

[cityartisan]

It's a CYA thing for the FFL. He should have checked that everything was filled out before it was called in. They always have for me.

Just what i had suspected, missed crossing a t and dotting an i,OK so i'm not perfect.So the FFL misses catching it, OK, he's not perfect either-but now here's the big one-how do the feds miss it, but clear it anyway when they where the ones that created it?

 

[handgun]

I noticed that shops seem to be CRAZY picky how those forms are filled out now.. Same pen... will ask you to fill out a different one if your pen stops working mid fill out.. I understand the liberals don't want guns in your or my hands. I am sure they have people who go over every page, and as a paper pusher they get rewarded for finding mistakes, or errors.. and could care less about someones lively hood, etc.. Even though missing a dot on the i or a l that isn't an L clearly

 

[IndyDave1776]

I noticed that shops seem to be CRAZY picky how those forms are filled out now.. Same pen... will ask you to fill out a different one if your pen stops working mid fill out.. I understand the liberals don't want guns in your or my hands. I am sure they have people who go over every page, and as a paper pusher they get rewarded for finding mistakes, or errors.. and could care less about someones lively hood, etc.. Even though missing a dot on the i or a l that isn't an L clearly

Solution: Jettison the Feds and call it good. It is unconstitutional anyway even if the Supremes agree to allow it.

 

[handgun]

Solution: Jettison the Feds and call it good. It is unconstitutional anyway even if the Supremes agree to allow it.

If only it were that easy.

 

[IndyGunSafety]

BATFE does not approve the form. NICS gives a proceed/delayed/denied based on the limited info they need to do the background check. If the information THEY request over the phone is not complete the transaction would never get a "proceed". Only some of the info on the 4473 is transmitted to NICS. For example, NONE of the responses to the questions you answered yes/no to are given to NICS.

It may be a PITA, but what if ATF decides during an audit that you were not legally sold the gun? While the dealer may get in trouble it is certainly possible they could pay you a visit as well.

While every industry on the planet recognizes "human factors", that is, we are prone to make mistakes, BATFE does not. They tend to think every mistake is a willful violation. So if you like having that dealer around you may want to comply.

Once the firearm has been transferred, NOTHING should be added to the form. A photocopy of the form should be made and the additions placed on it. This photocopy should be attached to the original.

Honestly, as a dealer myself, I would not hesitate to contact ATF and ask for guidance if I needed to. I have done so on a few occaisions and have found them VERY helpful. It's not like they're going to miss it on an audit, so you may as well get the help you need from the people most suited to help. ( I know... "I'm from the government, I'm here to help.") But I have had to make that call a time or two and have been pleased with the level of assistance the local BATFE folks have provided. The whole idea is to keep guns out of the hands of prohibited persons, and to ensure the tracing process can take place when a gun shows up on a crime scene 10 or 20 years from now.

 

[hrearden]

Thats absolutely correct about the ATF considering every mistake "willful". This is why firearms businesses lose their licenses so much. Not only do they mark down every issue as a violation, they add your previous violations from the year before to your current list until you have too many.
As far as you not being liable, you arent. That is unless you actually are prohibited from owning a firearm (which would have been caught by the NICS system anyway since they had your information, the paper just wasnt filled out to match.) In my experience, its definitely the gun shop that would be hit by these errors as they wrote their FFL on the form and signed it as complete.

 

[GodFearinGunTotin]

Are those forms archived and kept "forever"? Maybe I'm thinking of something else, but I was thinking those forms were destroyed after a few years.

 

[mrjarrell]

Are those forms archived and kept "forever"? Maybe I'm thinking of something else, but I was thinking those forms were destroyed after a few years.

Nope. They are kept by the FFL until they go out of business, then they are supposed to be turned over to the BATFU. What they do with them is anyone's guess. My guess is that they have built a huge datatbase of who bought what. Registration.

 

[GodFearinGunTotin]

Nope. They are kept by the FFL until they go out of business, then they are supposed to be turned over to the BATFU. What they do with them is anyone's guess. My guess is that they have built a huge datatbase of who bought what. Registration.

Hmmm...big misconception on my part then. I'd say you could be right--wonder if that info is collected and archived.

 

[dhnorris]

Hmmm...big misconception on my part then. I'd say you could be right--wonder if that info is collected and archived.

My guess is ALL information is collected, storage is cheap especially when it's not your money. They can mirror just about everything. Everything is kept and will be used against you should the need arise. I'm sure that we as America's unofficial guardsmen of truth, justice and the American way have absolutely nothing to be concerned with. The BATF is our greatest friend. (purple)