A Question For Dealers

[JDonhardt]

My NICS came back declined a couple of days ago. I have just started the appeal process. The guy I talked to on the phone said it could take 4 or 5 months to get everything straightened out. The guy working at the store told me not to cancel the transaction (he'll keep the gun in back waiting for me), because it needed to be "on the books" for the appeal to go through properly.

My question is this:

Should I keep the transaction "on the books", or was I misinformed by the salesman?

If the appeal is going to take months to complete (with no actual gaurantee that I will not be declined again, of course) I could use the money for something else for now and just buy the gun again later, after the appeal has finalized....


Any thoughts from those in the know are appreciated.

 

[curraheeguns]

Call Greg at Beech Grove Firearms and ask him. I think they are just trying to keep your money for awhile.

I am about 90% sure Greg gives the money back if it is a denial even if they are going to appeal it.

HTH

 

[SKSnut]

I don't know, but something doens't sound right

 

[4PWW9]

The appeal process has nothing to do with the gun, only the denied individual. It would also be a BATFE record keeping compliance violation for the dealer to log into their boundbook, the gun as being transfered out to you before actually receiving NICS approval first.
After receiving the NICS denial, the dealer should refund the firearm funds. Some dealers I know don't even "ring-up" the purchase until after getting the proceed from NICS.
I think the Dealer is required to keep the transaction record reflecting the denial on file.

 

[JDonhardt]

Hmmm...I kinda thought he was maybe trying to secure his sale...prevent me from going somewhere else once it was all said and done...

Curraheeguns: I'll look him up and ask him about it, thanks.

 

[JDonhardt]

The appeal process has nothing to do with the gun, only the denied individual. It would also be a BATFE record keeping compliance violation for the dealer to log into their boundbook, the gun as being transfered out to you before actually receiving NICS approval first.
After receiving the NICS denial, the dealer should refund the firearm funds. Some dealers I know don't even "ring-up" the purchase until after getting the proceed from NICS.
I think the Dealer is required to keep the transaction record reflecting the denial on file.

This sounds logical - and what I figured in the beginning. I'll head out there on my next day off and use the money for something else for now.

Thanks for your help folks.