Will a stolen gun pass a NICS check?
bushmaster1313
July 6, 2011, 11:59 PM
All my guns were bought after a NICS check.
Do I now know that my guns were not reported stolen at the time I bought them because a NICS check would have caught a gun that had been reported as stolen?
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NavyLCDR
July 7, 2011, 12:03 AM
The purchased guns' serial numbers are not reported to NICS. NICS only does background checks on purchasers (people), not on the items purchased.
The correct sequence is for you to fill out the form 4473, the FFL to call/electronically contact NICS with the info that you put on the form 4473. NICS approves the sale. The FFL hangs up the phone and THEN records the NICS approval number and the firearm info on the form 4473. The only firearm info that is supplied to NICS is if you are buying a handgun, rifle/shotgun, or other firearm.
zxcvbob
July 7, 2011, 12:03 AM
As far as I know, they were checking YOU, not the gun.
NavyLCDR
July 7, 2011, 12:06 AM
Also, there is no NICS check required when you sell/deliver a firearm TO an FFL. Only when you get a gun FROM an FFL.
Pawnbrokers can optionally run a NICS check on people who are pawning firearms, because the pawnbroker may end up transferring that gun back to the person, so they are allowed to run a NICS check so they don't take a firearm in that would not be able to be returned if the person got denied by NICS when they tried to redeem the firearm from pawning it.
medalguy
July 7, 2011, 10:23 AM
There's no database available to civilians to check on the status of a firearm. Only LEOs or agencies can check on a firearm through the NCIC system.
Carl N. Brown
July 7, 2011, 10:42 AM
The federal stolen property data base is the NCIC National Crime Information Center http://en.wikipedia.org/wiki/NCIC which has been around since 1967 when it was computerized in the days of punched cards and mag tape.
NCIC is accessed for checking stolen guns, cars, boats, aircraft, etc.
I believe gun dealers may requiest a stolen gun check through a law enforcement agency allowed access to the NCIC.
NICS is the National Instant Check System on background of individuals. http://en.wikipedia.org/wiki/National_Instant_Criminal_Background_Check_System
snubbies
July 7, 2011, 11:04 AM
www.stolengun.com is a start but they are no where near inclusive. As far as dealers being able to go through Law Enforcement to access NCIC that seems to be dependent on the Law Enforcement Agency. I doubt they would do it as a matter of policy.
Birdmang
July 7, 2011, 11:16 AM
I work for a giant firearm retailer and we dont check to see if used guns we buy are stolen. I don't think any stores do. We sold a springfield loaded 1911 that was used in a crime in Colorado, we're a few states from there. When the gun was traced the cops came to our store and asked where it was, then the customer had to come back and give it to the cops. Our manager ended up giving him a Les Bear for his troubles.
Art Eatman
July 7, 2011, 11:20 AM
Bottom line: NICS doesn't prove anything about the gun itself.
Absent some separate enquiry, as mentioned, a dealer could conceivably resell a trade-in that had been stolen. Face it, the guy trading in the gun to the FFL might have bought it in what he had thought was an honest deal. Just no way to know...
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