I don't think my 4473 was called in on my last purchase

Dennis Olson

New member
I live in Wisconsin. Just last weekend, I bought a Taurus .454 Casull. I filled out the Wisconsin state form, and was told to come back in 48 hours. (He had to order the gun, so the delay didn't matter.) Now, On Wednesday morning when I picked up the gun, I filled out the 4473. So far, all normal.

I waited with the gun on the counter in front of me, for him to call in the 4473. He just put the form in a drawer, and walked away. I asked "are we done?" He answered "yup". Now I ask you, did the state form he called on Saturday link to the feds, thereby negating the need to call it in? Or did the guy just NOT make the required call.

Needless to say, I'll not divulge the name of the town, the shop, or the owner. Suffice to say it was a VERY small, VERY old shop in a VERY small town. He's gonna look for my next purchase, a .50 Desert Eagle. (grin).

So, what's the story? Any ideas?

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"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." - H.L. Mencken
 

FUD

Moderator
He could have phoned it in the day that you filled out the form after you left and he had some spare time.
 

Dennis Olson

New member
No FUD, the S/N of the gun was NOT KNOWN (it had to be ordered) prior to my picking it up. I did NOT fill out the 4473 until THAT MORNING. As you well know, you MUST wait for the "approval" before leaving with your gun.

I had filled out the STATE form (looks similar, but NO GUN INFO on it) on Saturday. I filled out the 4473 on Weds morning, and he took it and tossed it in a drawer. I left. End of story.

[This message has been edited by Dennis Olson (edited October 05, 2000).]
 

Mike H

New member
Dennis,

1. Does he know you from previous purchases, and has he got your D.Licence details on file as a result.

2. Did he get your D.Licence details in advance via any other means.

3. Maybe he thought you just looked trustworthy ;)

Mike H
 

Gusgus

New member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dennis Olson:
No FUD, the S/N of the gun was NOT KNOWN (it had to be ordered) prior to my picking it up. I did NOT fill out the 4473 until THAT MORNING. As you well know, you MUST wait for the "approval" before leaving with your gun.

[This message has been edited by Dennis Olson (edited October 05, 2000).]
[/quote]

Dennis,
You don't need the S/N of the gun to call in the NICS. The only GUN info required for the background check is whether you're purchasing a long arm, or hand gun. The S/N, make, model, and caliber are not divulged. As long as the dealer had your D/L#, he could have called in the NICS before you picked up the gun.
 

ArmySon

Staff Alumnus
Dennis,
If he called, he did so that day. What you should have looked for was the approval number on the back. A call is only good for 24 hours (actually up to midnight). That's why you're not suppose to date the form until you actually leave with the gun.

That's Pennsylvania's policy. I believe (correct me if I am wrong) the rules to the 4473 are the same in every state.
 

Jeff OTMG

New member
In some states, like Indiana, the state background check is done rather than the federal NICS check. Is this possibly the case in Wi.?
 

Dennis Olson

New member
This was my first purchase in his shop. He did have my ID from the other (state) form. As to the 4473, I filled it out, he took it and tossed it casually in a drawer, and I left with the handgun. Yes, the state form was called in on Saturday. Not knowing Wis. laws, I don't know if they use NICS or not. But if not, WHY did I have to fill out the 4473??

Oh, and the three long guns I've purchased in Wis, ALL of those got the 4473 called in, and I waited for the approval prior to touching said firearm.

[This message has been edited by Dennis Olson (edited October 05, 2000).]
 

DialONE911

New member
Wisconsin law treats handguns and long guns differently.

Wis uses a state background check using the form you filled out when you ordered the gun, assuming it's the "gotta answer yes form." There is a 48hr waiting period for pistols, but no wait for rifles, so the store calls while you wait for rifles. The law requires the 48 hour waiting period to start only AFTER approval is granted, so I don't think there was any need for a second call since the approval was granted 48 hours earlier.

It sounds like the store didn't do anything wrong.

[This message has been edited by DialONE911 (edited October 05, 2000).]
 

Donny

New member
What I'm reading is that each State has a differnt method of handling things. Which is at it should be.
I'm still have a difficult time caring what some gumshoe named I. B. Dickless[/i, who lives in Moscow East, thinks.
Specific to your State, it might be OK to sell mutiple fireamrs within a specific timeframe without reverifying that your still a non-criminal. Best to check the specifics on your State laws on the matter.

[This message has been edited by Donny (edited October 05, 2000).]
 

Satanta

New member
Dennis...maybe the guy is planning clearing his records by 'fire'...maybe he's said 'phuckit' to the gov? keep yer hopes up and watch yer 6. :)
 

Jeff OTMG

New member
Dennis, right! Since your handguns went through the state check, it was never submitted to the FBI NICS system. Same thing if you have a carry permit from an approved state, NICS is never made aware of purchases.
 

bedlamite

New member
The feds don't know you purchased the gun, but the dealer must send a copy of your transfer form to the Wisconsin Crime Information Bureau within 24 hours of the transfer. They don't have the make/model/SN of the gun, but they know you have one. I'm pretty sure they would eagerly provide all info to the feds if they asked.

JeffOTMG, WI does not have or recognise other states' CCW (yet)

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NRA, GOA
"If you choose not to decide, you still have made a choice"-Neil Peart
Vote in November.
 

TBeck

New member
The call for the background check should be made on the day the customer intends to take possession of the weapon if that is possible.

Dennis, did you happen to notice if there was an approval number written on the dealer side of the 4473? If not, your dealer screwed up and will probably get nailed on the next audit. ATF is cracking down hard on improperly completed 4473s. Neglecting to make the call could cost the guy his license and some hefty fines. If a gun sold without the call gets used in a crime he might even get some jail time.

The only way this affects you is if you are ineligible to possess a firearm.

The good news for you is that this sale doesn't go into the FBI computer for "verification purposes." Unless the dealer circular-filed the 4473, however, the ATF will get that form eventually. Probably sooner rather than later if that is his normal method of doing business.

Neal Knox relates that he went to buy a rifle recently and the dealer told him that those forms were too much hassle so he didn't bother with them. It takes all kinds.
 
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