Q: We are wondering about wording in the Brady Law and or the law/regulation establishing NICS. If NICS is unavailable can an FFL transfer at his/her discretion? Twice in last ten years, NICS at gun shows has gone down for the entire day. This is a significant part of their business and the last outage cost 35-40 transactions. What are the criteria for transferring when background check system is unavailable? His lawyer says “yes it reads like that, but you do NOT want to be the test case.” We are also pretty sure he knows what Chris’s answer will be… but is curious anyway!
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