Q: The client recalls attending a class taught by former ATF employee Wally Nelson in 2004-05 in which FFLs were told that they should first receive payment for the firearm, then complete the ATF Form 4473, as there would be no “attempted purchase” by a prohibited person without this action. Should the customer be denied then the FFL should hold onto the firearm, and the customers money, and direct the customer to contact NICS and get a resolution to the denial. Once the resolution to NICS is resolved (proceed or prohibited person) the store can either complete the transaction or refund the money. For the past 10 years this is how the client has operated.
Recently, a legal alien was denied and provided the NICS information to see why. The customer returned the next day and said they think they used the wrong social security number. The client told the customer to continue with the NICS appeal process and if the wrong SSN was the case it should be an easy fix. The customer said he’d contacted an attorney who told him not to appeal as he may get deported, so he just wanted a refund. The client told him that was not store policy and he needed to resolve the issue, for if he was a prohibited person then the store needed to know that as it would be a factor in use of their facilities, etc.
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