Question about Background Check and gun damage


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simonjester
January 16, 2013, 06:56 PM
Hypothetical situation, what if a gun is damaged in between the time you agree to the purchase and the background check approval? Lets say the check is taking several days and something happens to the gun, when you arrive to pick it up can you refuse the sale?

What if you agree on a price of a gun or a gun is shown with one price but when you return the price has gone up?

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marksg
January 16, 2013, 07:03 PM
If they don't have my money they didn't have a sale yet.

Lupinus
January 16, 2013, 07:06 PM
Baring some change in circumstances surrounding the sale agreement, it should proceed as agreed. So based on the above-

The firearm was agreed to in a certain condition. If some idiot knocks it over in the stock room and mars the finish, that isn't and shouldn't be your problem. Either a equivalent gun should be provided, the damage repaired properly, or an appropriate lowering of the price should be agreed on.

The seller agreed to sell it at a particular price pending background check approval. That is the price it should be sold for, the price they are obligated to sell it for.

mgkdrgn
January 16, 2013, 07:46 PM
Hypothetical situation, what if a gun is damaged in between the time you agree to the purchase and the background check approval? Lets say the check is taking several days and something happens to the gun, when you arrive to pick it up can you refuse the sale?

What if you agree on a price of a gun or a gun is shown with one price but when you return the price has gone up?
I don't see why not. Vote with your feet and walk.

Birch Knoll
January 16, 2013, 08:25 PM
Sure. The background check has nothing whatsoever to do with the commercial transaction. Back out any time you want before you hand over your money.

mjw930
January 16, 2013, 08:41 PM
The check is not the registration of a sale, it's a check to confirm the buyer is legally allowed to accept the transfer. See the verbiage below, note the section about abandoned sale.

A request for a NICS check must be made prior to the transfer of a firearm to an unlicensed individual for both a sale and a pawn redemption. In both cases, the FFL must ask the customer to complete the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 and use the information provided on the form to initiate a background check. Upon initiating a background check, the FFL must request and record a NICS Transaction Number (NTN) even though a transfer may later be abandoned. The NTN is a unique number assigned by the NICS Section to each inquiry that connects all activity associated with that number.

USAF_Vet
January 16, 2013, 10:41 PM
Where do you live that a BGC takes more than a few minutes?

If the gun I'm buying gets damaged between the counter and the sales desk, I'll have the clerk to grab a different one, or have the manager knock some $ off the price tag.

Birch Knoll
January 16, 2013, 11:07 PM
If there is a NICS delay, it could be days for the background check to complete.

simonjester
January 16, 2013, 11:33 PM
Due to volume, BGCs are taking 7 to 10 days, this is before we get a response, so if you get a delay that is another 3 + days.

Birch Knoll
January 16, 2013, 11:40 PM
Where in the world are you that a background check takes 7-10 days???

TennJed
January 17, 2013, 12:02 AM
Due to volume, BGCs are taking 7 to 10 days, this is before we get a response, so if you get a delay that is another 3 + days.
I have bought 3 guns since sandy hook. The longest wait on the phone was less than 30 minutes. The LGS owner said the longest he had waited was 4 hours.

7-10 days ???????

tarosean
January 17, 2013, 12:58 AM
7-10 days ???????

Smoke signal?

Seriously thou some states have waiting periods, maybe the OP lives in on of those states?

thefish
January 17, 2013, 01:27 AM
Colorado is 7-10 days last I heard. I heard in the radio last week the cbi was doing 1, 500 checks a day and was backlogged.

simonjester
January 17, 2013, 08:44 AM
No smoke, from a Jan 3rd news article:

The CBIs wait time on a background check generally takes minutes, but as of Wednesday, the Colorado Bureau of Investigation had 11,420 checks in the queue, The Denver Post reports, causing a wait time of more than nine days. That more than doubles the wait time just from last week when gun buyers saw background checks taking 100 hours or more.

I will report back what the actual time is..

Also Colorado has no official hold or waiting period for firearm purchases...

Birch Knoll
January 17, 2013, 08:47 AM
Wow:
Gun Background Checks In 2012 Shatter Previous Records In Colorado (http://www.huffingtonpost.com/2013/01/15/gun-background-checks-in-_n_2481107.html)

TennJed
January 17, 2013, 01:02 PM
No smoke, from a Jan 3rd news article:

The CBIs wait time on a background check generally takes minutes, but as of Wednesday, the Colorado Bureau of Investigation had 11,420 checks in the queue, The Denver Post reports, causing a wait time of more than nine days. That more than doubles the wait time just from last week when gun buyers saw background checks taking 100 hours or more.

I will report back what the actual time is..

Also Colorado has no official hold or waiting period for firearm purchases...

Wow, so it is a state thing. Learn something new everyday. Thank God for Mississippi

Teachu2
January 17, 2013, 01:14 PM
Here in sunny California, we've been dealing with background checks and waiting periods for a long time, as well as private sale transfers. The dealers have had to adjust their secured storage to accomodate the volume.

When I buy a gun, I pay for it and do the paperwork. The gun gets boxed or cased, tagged, and put into secured storage. On day 11, I pick it up and sign the last space on the form. Never had a problem, don't know anyone who has ever had a problem. I've had private party transfers, even from out of state, no issues.

USAF_Vet
January 17, 2013, 02:18 PM
Thank goodness my CPL allows my FFL to bypass a BGC.

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