Does a dealer have to do a NICS check when selling a used gun

fabsroman · #1 04-02-2010, 08:17 PM

This question came up on a cycling chatboad and I do not know the answer since I have never bought a used gun from a dealer. Is a dealer required to have a buyer pass a NICS check when the gun being sold is used and not new?

Dan Morris · #2 04-02-2010, 08:49 PM

YES.....some states a insta check...then given a aproval number that is given to NICS
or a denial that stops it then. A buyer completes a form 4473 and that info is given the feds who approve or deny. Same stuff as a new firearm!
Dan

Mr. 16 gauge · #3 04-03-2010, 09:52 AM

I think that the key word here is "Dealer"....I have bought several used firearms (both long arms and handguns) from dealers and each time I had to wait to pass the back ground check. My most recent purchase (a couple of weeks ago) was a long arm, so that is about as up to date as I know of.
Private individuals are a different matter....here in MI, long arms are traded/sold without any kind of check. Handguns require either a pistol purchase permit (obtained from the local PD or Sheriff) or a valid CCW, even for private transactions.
I can't speak for the private sales in other states.....

Larryjk · #4 04-03-2010, 12:07 PM

I hold an FFL. A dealer MUST prepare a Form 4473 and have the background check on the buyer. In states that allow it, if the buyer has a concealed carry permit, no background is required, but the permit number and expiration date must appear on the Form 4473. These things vary from state to state, but none that I know of allow a dealer to sell a firearm without going through the precess to see if the buyer is allowed to have the firearm. Private transactions vary from state to state.

DON WALKUP · #5 04-03-2010, 01:58 PM

here in California, ALL firearms sales MUST go thru an FFL...privately or otherwise

(at least the last i heard it was that way...might be different now)

Adam Helmer · #6 04-03-2010, 12:19 PM

fabsroman,

I am surprised a lawyer is not sure of current gun laws. The BATFE puts out a big book entitled "Published Ordnances" concerning gun control laws. Yes, a dealer must do the whole process to sell a used gun.

Adam

fabsroman · #7 04-05-2010, 10:55 PM

Quote:

Originally Posted by Adam Helmer

fabsroman,

I am surprised a lawyer is not sure of current gun laws. The BATFE puts out a big book entitled "Published Ordnances" concerning gun control laws. Yes, a dealer must do the whole process to sell a used gun.

Adam

If I had a gun smith, gun shop client I would have read up on it. Have you seen the tax code recently? Do you think any CPA, attorney, or tax preparer knows everything there is in that tax code? Do you know that the code books for Natural Resources in Maryland are 2 volumes thick, whereas the code book for corporate law in Maryland is merely 1 volume. Do you know that the code books just for Maryland run about 5 yards long when stacked end to end? Do you know that the laws are ever changing?

Now, do you think I sit down and just read legal code books for the heck of it? If it doesn't involve something I am dealing with on a regular basis, I only do the research when it comes up. Yes, I probably could have researched the law on this matter, but it is tax season, I am neck deep in tax returns, and I figured somebody on this board would know the answer. My parents taught me to work smarter, not just harder.

Do you know how many lawyers out there have absolutely no clue what NICS is? I would have to guess that it would be the majority of attorneys.

By the way, thanks for the answer.

buckhunter · #8 04-05-2010, 11:39 AM

Here in Socialist Massachusetts if you have a Class A or B and the transfer is between individuals there is no back required. Class A and B are for handguns. Class A(conceal permit) is for larger capacity and class b is for HG's that hold under 10 rounds. Class C is essentially a long gun and can be transfered with a background check holding either a A, B or C. Transfering isn't the problem, getting the permits is.

Adam Helmer · #9 04-06-2010, 12:01 PM

fabsroman,

I was not trying to be a wise guy. ALL firearms transfers need an NICS and Form 4473 when an FFL dealer is involved. In some states long gun transfers between residents of the same state do not need to go through a dealer. In other states, ALL gun transfers are subject to various regulations.

Bottom line: Used guns in your local dealer's shop must go through NICS/Form 4473.

Adam

fabsroman · #10 04-06-2010, 12:40 PM

Quote:

Originally Posted by Adam Helmer

fabsroman,

I was not trying to be a wise guy. ALL firearms transfers need an NICS and Form 4473 when an FFL dealer is involved. In some states long gun transfers between residents of the same state do not need to go through a dealer. In other states, ALL gun transfers are subject to various regulations.

Bottom line: Used guns in your local dealer's shop must go through NICS/Form 4473.

Adam

Adam,

I didn't think you were being a wise guy. I just wanted you to realize that there is no way for an attorney to know all the laws out there off the top of their head. Even in our specific fields, we have to do a ton of research. A good example is my preparing taxes. Every year the laws change significantly and I find myself taking review courses to keep up with them just so I know what the changes involve. Then, if a client comes in with the specific issue that I know has been changed, I actually have to sit down and do the serious research on the matter in lieu of the "what laws have changed this year" research.

Even if I had a gun shop as a client, I probably would not know all the gun laws off the top of my head. Just like I don't know all the construction laws off the top of my head but I have several construction contractors and home improvement contractors as clients.

The reason I didn't know about NICS checks and used firearms bought from a dealer is because I have never bought a used firearm. So, I have never had to go through it.

skeeter@ccia.com · #11 04-06-2010, 01:39 PM

fABS, anything dealing with any sort of legal, gov papers are changed soon as you learn them....right?..Friend retired from case worker..said that..but clients still knew it all...but I wanted to mention lawyers and what they know or should know when doing a case..reminds me of the one we just finished dealing with for the past 1 1/2 yrs..property..my wife sort of goes with the flow figuring these people know things we don't but after I got the ball rolling and proved a few mistakes that would of cost us about $22g, my wife flat out told her she neede to either go back to school, or get job flipping burgers at McD....sum it all up...lawyer still wanted her $6g...even after we did lots of the research and paperwork ourselves..Another lesson learned later in life.