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Feds to confiscate guns from 4000 people

Discussion in 'Round Table' started by GunnyGene, Dec 4, 2017.

  1. Leonidas

    Leonidas Resident Mushroom (know what they say) MSGO Supporter

    I suppose that's why they dispatch ATF to do the actual seizure.

    NICS or not, they are still prohibited by law from possessing.
    Quickeye, jakeg823 and phillipd like this.
  2. wllmkttrll

    wllmkttrll Distinguished Poster

    But they were still bought legally,guess that magic pen can make up something:D

  3. NRA_guy

    NRA_guy Distinguished Poster

    Maybe, maybe not.

    They tiptoe around the issue, but apparently some of the causes for failing a NICS check when BUYING a gun do not necessarily prohibit the person from OWNING a gun.

    The 12 Reasons Why Americans Fail Gun Background Checks

  4. NRA_guy

    NRA_guy Distinguished Poster

    Another question: Does the owner who purchased the gun get his money back when it is confiscated?

    Does the FFL dealer get the (now used) gun back? What happens to the gun?
  5. LeansVeryRight2016

    LeansVeryRight2016 Distinguished Poster MSGO Supporter

    Last edited: Dec 5, 2017
    GunnyGene likes this.
  6. NRA_guy

    NRA_guy Distinguished Poster

    Well, OK; so it's "only" 0.015% of the background checks.

    But it's still 4,000 guys who may be getting screwed.

    As the saying goes, "There are three kinds of lies: lies, damned lies, and statistics."

    It's kind of like the statistics that show flying is safer than driving. That's no great comfort if it's your plane that goes down.

    I still doubt that the ATF has legal authority to confiscate guns that were sold in accordance with the law that says it's OK to sell after 72 hours if the FBI has not reported any problem with the buyer.

    No one seems to address that issue.
    maxhush and jakeg823 like this.
  7. Leonidas

    Leonidas Resident Mushroom (know what they say) MSGO Supporter

    Aren't you arguing a point opposite the article? The folks in question didn't fail the check. They passed it. It was legal for the FFL to sell the firearm, since the FBI cleared it. That does not make it legal for the purchaser to buy it. Regardless of the error, it does not change the circumstance that disqualifies the applicant or the law/reg that requires it.
  8. DoyleAlley

    DoyleAlley Distinguished Poster

    My understanding is that they did NOT pass the check. NICS didn't give an answer within the required 72 hour period so the FFL completed the sale and after-the-fact the FBI determined that the purchaser should have failed NICS.
    LeansVeryRight2016 likes this.
  9. rigrat

    rigrat Semper Fi

    If they did not answer then essentially they passed them.
    Leonidas likes this.
  10. bar306

    bar306 Distinguished Poster

    FBI considers this situation to be an oversight. In the future, I think they will actively investigate these type of sales. It may take some time, but someone will come knocking on their doors. Will be interesting to hear these horror stories and how they turn out. I have been the victim of government oversight (non-gun related) and it's no fun to get it corrected. Can only imagine the complexity of something involving a firearm.
    jakeg823 likes this.
  11. maxhush

    maxhush Distinguished Poster

    NW MS
    The end goal of unchecked government is that they come knocking at everyones doors eventually.
  12. rigrat

    rigrat Semper Fi

    Well I believe this if they don't answer then essentially they are approving it. Coming back after the fact, really. Change the law and solve the problem.
    jakeg823 likes this.
  13. Leonidas

    Leonidas Resident Mushroom (know what they say) MSGO Supporter

    See your point, but that's a scary thought. What if they drop the 72 hour rule?

    The FBI would never use the opportunity to screw with people on approvals ........ would they? I mean, I trust the integrity of an organization headed by folks like Muler and Cummy, et al. Don't you? They did so well at Ruby Ridge and Waco.
    jakeg823 and 94LEVERFAN like this.
  14. GunnyGene

    GunnyGene Distinguished Poster

    In the Fix-Nics language (HR-4477, passed with HR-38 yesterday) there is this little nugget:

  15. rigrat

    rigrat Semper Fi

    No more than the Federal Government would operate outside of the Constitution. I mean they would never exceed the powers given unto them by the Constitution now would they? And surely they would never run guns to Mexican cartels and blame it on lawful FFL's , surely you jest?

    No not my Federal Government they follow the Constitution to the letter and only exercise the powers given to them by that document and only those powers.

    Besides the politicians and the judicial system would further limit the over reach of the Feeral Gov so no need to worry. They all follow the Constitution to the tee........:rolleyes:
    Leonidas and maxhush like this.
  16. Leonidas

    Leonidas Resident Mushroom (know what they say) MSGO Supporter

  17. LeansVeryRight2016

    LeansVeryRight2016 Distinguished Poster MSGO Supporter

    ... but local LEOs and states are prohibited from enforcing immigration laws ...:hmm:
    Quickeye likes this.
  18. Quickeye

    Quickeye Vietnam & Persian Gulf Wars MSGO Supporter

    Clips or magazines? 72hrs. or three working business days?
    Three business days. ( In the Sovereign State of Miss.)
    So: A NICS check is requested Mon AM. Response is delayed. Do not count Mon. So: Tues, Wed, Thurs must pass and elapse. You may complete the transfer, Fri AM. Weekends and Fed Holidays don't count. 27 CFR 478.102(a). (Just to clarify how it works for FFL holders.)
    rigrat likes this.
  19. NRA_guy

    NRA_guy Distinguished Poster

    What if it's Saturday at a gun show? When are the 3 business days up?

    I got my CCW permit because I kept getting "1-hour delay" on my so-called instant background checks at gun shows.

    My background is as pure as the driven snow. I never sent in the paperwork to find out what the obstacle was.

    But I checked and there is basically no easy way to get the record corrected.

    A 1-hour delay can basically mean "no sale" at a gun show, especially if it is near closing time.

    A 3-business-day delay at a gun show would definitely mean no sale. That's probably the ultimate goal of the Feds---to stop gun shows.
    jakeg823 likes this.