Background check before the background check

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I'm selling to a seller out of state, dropping my firearm off to a FFL in his state. He's saying he doesn't want to waste the time or money if he's not going to pass the background check. He said he's never committed a felony, but only worried because of some old misdemeanors (marijuana and graffiti charges). How can he or I check to see if he'll pass prior to my driving an hour to his FFL and him paying for the background check?
 
Some have asked this before and I don't think NICS will do a "pre-check". He can probably go to a local police department and pay for a criminal history check. I know around here they do those for people working at schools etc. Not sure what they charge.
 
If he doesn't have any felonies, isn't deemed mentally incapable or have any warrants/restraining orders, does he have anything to worry about?
 
It's a long list actually, and a lot of it he won't get from a criminal background check but surely he knows.

I don't know the guy, and don't want to insult anyone but.... if they claim they don't know about some of these I'd have to wonder.

(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who (!2) has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of
domestic violence.
 
Ash_J_Williams said:
If he doesn't have any felonies, isn't deemed mentally incapable or have any warrants/restraining orders, does he have anything to worry about?

Yes. Absolutely. That is exactly why a NICS appeal process exists.
 
He said he has a warrant out in California (we're on the East coast now, he's from VA) for marijuana and vandalism 10-15 years ago. Any reason to be concerned?
 
(2) is a fugitive from justice;

Well, there you go!

No need to waste your time on this dude. Let him go to a shop and try his luck.

Don't knowingly violate the law yourself to make a deal.
 
He said he has a warrant out in California (we're on the East coast now, he's from VA) for marijuana and vandalism 10-15 years ago. Any reason to be concerned?

If he's the subject of an active misdemeanor warrant, he's a fugitive from justice and therefore a prohibited person. See the FBI NICS Fact Sheet.

Find another buyer.
 
He has an outstanding warrant? Wouldn't that make him a fugitive from justice, and thereby a prohibited person? Even if not, since one of the allegations is for marijuana, the NICS might have a problem with that. Being an unlawful user of a controlled substance is a disqualifier.
 
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