Background check faux-pas

[jeffrefrig]

I didn't know you could do this, but, my friend told me an old friend of his with an old felony (he knew he wasn't allowed a firearm) went to a Walmart some place around here. They have a machine where you can get a background check to purchase a gun. Since it was just "some stupid Walmart machine," he tried it out. Denied. A week later Feds or County Police came to his house and arrested him. He's always been a "below citizen standards" kinda guy. Presently not working, but no priors since the felony on his record. So, judge gave him probation, $2000 fine, and since he could not pay the fine he has to do community service with $7.50 per hour to pay off his fine.
I'm in PA, but I have never heard of some machine at a store that you can apply to buy or carry a gun (not exactly clear about the details but he wanted to buy a shotgun.) Has anyone ever heard of this? I know there's something you can do on the net, but I don't even click on that stuff. The dude is around 55-60 or so. (Years old or IQ, not sure.)
Pgh has some strange people n'at!

 

[bigwheelzip]

With a CC permit, I don't go through the usual check here in SC, but seem to remember a selfservice touchscreen system for firearms purchase at Cabela's.

Sent from my motorola one 5G using Tapatalk

 

[Rob613]

Either a computer or iPad at any Walmart I’ve been to. Usually an old and outdated computer that never works.

 

[Trooperdan]

Story sounds a bit bogus to me.

 

[GaryS]

Do any Walmarts even sell firearms any longer?

The story sounds fishy to me.

 

[DWalt]

Do any Walmarts even sell firearms any longer?

The story sounds fishy to me.

Some Wal-Mart stores still sell long guns. I never heard of a machine where you can get a background check, at least not something a customer could use. Tale sounds fishy to me also.

 

[Smoke]

This is from the GAO website. The latest statistics I can find are from 2017

Individuals who submit falsified information on a form needed to purchase a firearm (e.g., do not disclose a felony conviction) may be subject to investigation and prosecution.

In fiscal 2017, the Bureau of Alcohol, Tobacco, Firearms and Explosives referred about 12,700 denied purchases to its field divisions for investigation. As of June 2018, U.S. Attorney’s Offices prosecuted TWELVEof these cases.

ATF field divisions may send warning notices to denied persons in lieu of prosecution, but this practice varies across divisions.

Law Enforcement: Few Individuals Denied Firearms Purchases Are Prosecuted and ATF Should Assess Use of Warning Notices in Lieu of Prosecutions | U.S. GAO


I'll take things that never happened for $2000 Alex

 

[Absalom]

A legitimate background check runs through the FBI’s NICS database, which is only accessible to FFL holders and law enforcement. The check can be done by phone or online, but it is a secured system and no “Walmart machine” can let people do their own.

 

[deadin]

Last time I bought a gun a Cabela's (Long, long time ago) they had a computer set up where you filled out the 4473 on-line. I don't remember it doing any edits as when you finished one of the clerks came over and looked at your entries. He then printed it out and applied an overlay to make sure that all of the proper blanks were filled in. He then called over his supervisor who went through the whole procedure again.
This was after I finally convinced them that my FFL03 was legit. (They had to get a manager to approve that....) I thought they were going to have a cow when I told them that I would need a copy of their FFL01 in order to make the proper entry in my bound book.
Then there was the delay waiting for a runner to escort me and my purchase to the exit. All in all, it took over two hours to complete the transaction. I haven't purchased a gun there since........

 

[Onomea]

My local gun shop here where I have done several transfers this year has a tablet on a stand like one sees in many restaurants these days in lieu of a cash register.

The transferee fills out the form on the touchscreen, the shop clerk reviews and submits it, and then you wait.

 

[H Richard]

In many places the 4473 is now completed on-line with a computer or tablet.

 

[GaryS]

A shop I do business with has three laptops for customers to fill out the 4473. I can also do it from home via a website they have.

That said, as you note, a clerk has to review it for accuracy before it's submitted to NICs for processing.

Which is the part that seems to be missing from this story.

My local gun shop here where I have done several transfers this year has a tablet on a stand like one sees in many restaurants these days in lieu of a cash register.

The transferee fills out the form on the touchscreen, the shop clerk reviews and submits it, and then you wait.

 

[2152hq]

The 'machine at the store' could be the FFL using the on-line NICS system,,as many do now instead of calling them on the phone.

However the story relates how the friend of the friend 'tried out' the machine and was 'denied'.

But the customer never uses the on-line system nor the direct call NICS ckeck system.
Only the FFL.

The first thing asked for/ needed in the phone inquiry or on-line is your FFL # and your NICS Code...
w/o that you aren't going anywhere.

I've never heard of anyone being 'picked up' because they got a 'Denied' on a NICS check either.
You as an FFL were supposd to give the denied customer a small handout with an 800# on it so they could call the FBI/NICS and discuss their issues with them.
The FFL is never told why a Denied or Delay is given.



But then again,,This did all happen in a WalMart....

 

[pawngal]

I've never heard of anyone being 'picked up' because they got a 'Denied' on a NICS check either..

In the early days of the NICS system I had a customer Denied, a day or two later I had an ATF agent in the shop verifying the information the info the customer had given on the 4473. Agent went to the customer's home arrested him and confiscated other firearms that were in his possession. The guy did some time in Federal lockup. So, it does happen, just not very often.

 

[jeffrefrig]

Yes, maybe it was the computer at the gun counter. I do know of at least one LGS here that has that as described above. I don't know any Walmarts around here that still sell guns. But I hate those stores & don't go there very often. Seems like there is something fishy about the story, or some facts omitted.

 

[bearman49709]

Do any Walmarts even sell firearms any longer?

The story sounds fishy to me.

Every Walmart around here sells firearms. We do have to go to the county to the east or county to the west to find a Walmart.

 

[dmar]

Definitely sounds like the guy used a computer to complete his form, most large stores/dealers do it that way these days. I’m surprised they followed up and prosecuted him.

Meanwhile, in NYC, you can rob somebody with a gun and get a good citizen/community service award, as long as you don’t shoot your victim...

 

[Pisgah]

No mystery. Around here many stores have gone the route of having the buyer fill out his own "paperwork" on a computer, rather than on paper. When this step is done it is submitted for background check, and since your friend is a felon he was denied and later arrested for attempting to buy a firearm.

 

[Truckman]

Around here many stores have gone the route of having the buyer fill out his own "paperwork" on a computer, rather than on paper.

It's been a while since I was active as an FFL, but at that time 4473's had to be signed by the transferee attesting to the truthfulness of the entries before submission to NICS...Is that signature no longer required?...Here I just show my CHL after filling out the 4473, and I'm on my way......Ben

 

[glenwolde]

It's been a while since I was active as an FFL, but at that time 4473's had to be signed by the transferee attesting to the truthfulness of the entries before submission to NICS...Is that signature no longer required?...Here I just show my CHL after filling out the 4473, and I'm on my way......Ben

The signature is still required, though it's a "finger signature" on a touch screen.

The Feds don't have the manpower to go after these violators. However, I guess it's possible they refer them to local LEO when state law is violated. Might be what happened.