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NICS – Deny from NICS/Approval from State

posted on January 18, 2019

Q: We had a customer purchase a rifle on 10/6/16. He is a current Chinese citizen with all the correct documentation for a nonimmigrant visa firearm purchase. A 4473 was done, and NICS delayed the transaction until 10/12/2016. After the 3 business days he picked up his rifle after no resolution was provided (10/12/16). On the same day the customer decided to purchase a pistol. A new 4473 for the pistol was completed. In NH, pistol purchases are called into State Police for the NICS check. The check was called in 10/12/16 but our shop closed and the approval was not received until morning of10/13/16. The customer was called informing him of the approval. However, in the afternoon NICS responded on the delayed rifle purchase with a denial. We immediately called the customer and asked him to return the rifle. He agreed to return the rifle tomorrow 10/14/16. He was a little confused because we had called him earlier to let him know his pistol was approved by the state. We told the customer we needed more clarification prior to us transferring him the pistol, and the rifle would need to be returned. Should we deny the sale of the pistol based on the results from the rifle purchase? Even though the pistols were approved through the state police?

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