Federal Gun Retrieval

Discussion in 'Firearms' started by Gator 45/70, Dec 4, 2017.


  1. Gator 45/70

    Gator 45/70 Monkey+++

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  2. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    The issue with the FEDs. will be, Where are they getting the names for this Gun Roundup from? If they are coming from the NICS System, and are over 30 Days OLD, then the FEDs are in violation of FEDERAL Statutes... Plain and Simple... If they are coming from some other Database, then they may NOT have to Current, or NEW Information... depending on the applicable Statutes... and the Fourth Ammendent Rights...
     
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  3. azrancher

    azrancher Monkey +++

    My thoughts exactly BT, if they bought the guns, and were cleared through the NICS database, then the Feds have a problem...
     
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  4. Tevin

    Tevin Monkey+++

    If you actually read the article, it states that the "retrievals" are for buyers who were not cleared through a background check within the required three days and were later disqualified:

    "If the background check is not complete within the 72-hour time limit, federal law allows the sale to go forward. ATF agents are asked to take back the guns if the FBI later finds these sales should have been denied."

    What is not mentioned in this article is that someone who would fail a background check probably also lied on the FFL form, which in itself is a serious crime regardless of the background check results.

     
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  5. ghrit

    ghrit Bad company Administrator Founding Member

    So this begs the question, how long after the 72 hour period expired was these "improper" sales discovered? How did they decide the size of the sample to examine (~125?), and what was the followup?

    There's a lot of ineptitude in dot gov. Sometimes I think they hire for it.
     
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  6. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    ALL NICS Records are REQUIRED by Federal Statute to be Destroyed within a MAXIMUM of 30 Days, Period.... So if the Names are coming from NICS Records, then they MUST ACT on the Issue within that 30 Day period, or they are in violation of the Federal Statute... This was put in the Statute, specifically to preclude the Federal Government from saving NICS Records and building a FireArms DataBase... and As I Recall, the FBI is supposed to be purging these Records after One Week, but can retain them for a Maximum of 30 Days for accounting purposes.....
     
  7. apache235

    apache235 Monkey++

    I'm sure all is according to Hoyle. The FBI wouldn't lie - unless they found it convenient to do so and then they'd lie about that too.
     
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  8. oil pan 4

    oil pan 4 Monkey+++

    If they are spying on us all you would think the least of what they would know is who bought which gun where.
     
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  9. Southbound

    Southbound Monkey

    I can tell you that when I worked the firearms counter at a chain store we would get calls all the time to pull old 4473"s. We had to keep at the store 5 years worth, after that we sent them to corporate. Most of the time we would copy them and a state trooper would show up and collect it. Don't know why just know it happened.
     
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  10. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    Yup, Not even the ATF can seize a 4473 from a FFL... They can come copy information off it, or Copy it, but it is a Violation of the GCA 0f 1968 as Amended to remove a 4473 from the possession of an FFL... When a FFL goes out of business, ALL the 4473s must be mailed to a National Archive, along with the FFLs Bound Book... That is the only way these records get to a National Database... When the GCA was written, one of the MAJOR Points was NO NATIONAL DATABASE could be started by the Federal Government, PERIOD, except for out of business FFLs.... I held 2 FFLs when I lived in Washington State, one in Washington and one in Alaska. I called ATF on the procedure tp follow, when dropping the Washington FFL, and was told IN WRITING, to transfer all Inventory, from the Washington Bound Book, to the Alaska Bound Book, and then send the Washington 4473s and Bound Book to the National Archive, which I did...
     
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