Ring up the sale? Or do the background check?

[Oro]

I bought a firearm last weekend, and the dealer (Surplus Arms & Ammo, Lakewood, WA) was doing the transaction differently than any I had ever seen before.

They made the buyer sign a purchase agreement agreeing to fees if the gun was returned, and insisted on ringing up the sale before they would call in the NICS check. I didn't argue as I had no worry and I wanted the item, but it struck me as odd.

I was in the FFL section of the ATF website today and found a link about the NICS. I followed it and they specifically said regarding NICS, the seller would call before completing the sale. Here is the exact quote from the FBI:

Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn’t otherwise ineligible to make a purchase.

So, that quote doesn't carry the force of law; but it strongly implies how they think it's supposed to go. It makes me wonder what the law really is. Does anyone know if there is a strict procedure here? Take the cash and check later, or are you supposed to do the check first? Or is it not strict?

 

[TennJed]

Probably not a law just a suggestion. Every gun I have bought from an online store is paid for before it is shipped and obviously a background check is done.

Although if I was purchasing in a local store that would seem odd to me. It doesn't seem like good policy and they may have kept people's money before. If it were me I would call the manager and ask for clarification. I might be looking to shop elsewhere

 

[slimjimriggins]

When I worked at a big box store selling guns, we would not take payment (or even ring up the firearm) until we got the NICS OK. But, that's just how we did it. For one, it saved us from having to do a troublesome refund if the sale was denied. Not sure if it is law. I'd assume as long as we didn't actually complete the transaction after a denial we'd be in the clear. Jim

 

[rondog]

Taking the money first ain't kosher, IMO. What if the NICS check doesn't pass? Gunsmoke here in Denver did that to somebody, they didn't pass, and they didn't get their money back...or only part of it and some "store credit", some kind of hokey BS.

But no, I wouldn't pay until I see the green light first.

 

[M-Cameron]

as far as firearms laws go, i dont see anything illegal with it.

there are no laws that say to need a background check to pay for a gun.....you only need it to take ownership of a gun.

 

[Davejb]

Seems like a shady way to make some money if the BGC fails.

 

[45_auto]

This. ^^^^^^

From the original post:

They made the buyer sign a purchase agreement agreeing to fees if the gun was returned, and insisted on ringing up the sale before they would call in the NICS check.

Although it could be that they're in an area where they're getting a lot of NICS denials, and are getting tired of wasting their time.

 

[OilyPablo]

SAA is not the most square company is my book. I buy ammo from them time to time, when the price is right, but they hike the highest and the fastest on bulk. The $60 Pmags bugged me a bit when they had a large supply. Nothing is wrong with maximizing profit, but they make it just too darn obvious.

 

[Oro]

The $60 Pmags bugged me a bit when they had a large supply. Nothing is wrong with maximizing profit, but they make it just too darn obvious.

That's interesting, I did not know about that. Certainly puts them in the "Cheaper than Dirt" end of the gun vendor spectrum if it's the case.

 

[OilyPablo]

I saw a few people lined up at the show at their little desk area (with the girly at the end of their booth) to buy lowers/full AR's last weekend. Even talked to a guy I know right there, but didn't even note the prices or think about their NICS policy.

 

[Frank Ettin]

Don't see what this has to do with gun laws.