August 28, 2007, an individual wishing to acquire a concealable
firearm will no longer need to obtain a permit from a sheriff.
As of this date, the following steps will be taken during
the purchase of a new or used firearm.
Once you decide to purchase a firearm
from Top Gun, we will provide you with an ATF Form 4473 to
fill out. This form takes about 5 minutes to fill out. You
will be required to show identification verifying your age
and address. Once you have completed the 4473 form, we will
call the FBI National Instant Check System (NICS) and provide
the information that you have provided on the form. The NICS
operator will return one of three responses:
- APPROVED: The dealer
may proceed with the transfer of the firearm to the purchaser
- DELAYED: The FBI
has up to 3 days to research the transfer further.
The purchase may not take posession at that time.
- DENIED: The transfer
is prohibited. For more information on what to do in the
instance of a denial, click HERE.
Below is a reproduction of a letter sent from Attorney General
Jay Nixon to Federal Firearms Licensees clarifying the impact
of the new law effective on August 28, 2007.
Dear Federal Firearms Licensee:
You may have been hearing conflicting
accounts regarding a change to Missouri law that will take
effect August 28, 2007. Based on the calls and emails we have
received, there is a great deal of confusion over how the
purchase or transfer of a concealable firearm will be governed
beginning that day. I am writing to discuss this change in
the hopes of clearing up any confusion.
Because of an amendment to § 571.080
RSMo, and the repeal of § 571.090 RSMo, effective August
28, 2007, an individual wishing to acquire a concealable firearm
will no longer need to obtain a permit from a sheriff. Similarly,
a seller wishing to sell a concealable firearm will no longer
need to demand that a buyer provide such a permit. Instead,
§ 571.080 RSMo, as amended will require only that you
comply with 18 U.S.C. 922(b) and 18 U.S.C. 922(x) in the sale
of a concealable firearm.
As you know from your familiarity with
these two federal statutes, you may not sell any firearm to
certain people or in certain circumstances. And you may not
sell a handgun or handgun ammunition to a juvenile, except
in certain circumstances. Both of those laws will of course
still govern the sale of handguns by licensees, and it will
still be necessary to conduct the appropriate background check.
But the prospective buyer will no longer be required to produce
a permit obtained from a sheriff.
Thank you for your attention to this
matter. Please do not hesitate to contact my office if you
have questions about this or any other weapons laws.
JEREMIAH W. (JAY) NIXON
Frequently Asked Questions
Regarding the NICS System
Q&A's provided by the National Rifle Association
Guide To The National Instant
The National Instant Check System (NICS)
for firearms transactions took effect Nov. 30, 1998, replacing
the Brady Act`s five-day waiting period. The following provides
answers to some of the most common questions about NICS.
What exactly is NICS?
According to the FBI, NICS "will
be a national database containing records of persons who are
disqualified from receiving firearms." The NICS computer
and analysis center is located in West Virginia, and the FBI
is in charge of its operation.
The NICS computerized system is designed to handle most checks
in less than 2_ minutes and roughly 150 transactions per minute.
It will be open from 9:00 a.m. to 2:00 a.m. Eastern Time,
seven days a week, closed only on Thanksgiving and Christmas.
(FBI regulations for the NICS system can be found at http://www.fbi.gov/hq/cjisd/nics/index.htm).
How is NICS set up?
There will be three methods of accessing
checks, depending on the state in which a federal firearms
license (FFL) holder does business. In some states, FFLs will
contact NICS through a designated state point of contact (POC)
for all transfers. In some states, FFLs will perform checks
by contacting the NICS Operation Center for all transfers.
In other states, FFLs will contact their state POC for handgun
transfers, and the NICS Operation Center for long gun transfers.
Will there be a fee for the
The FBI will not charge the FFL or
the state agency a fee to check the NICS computer.
How does NICS actually work?
Once a dealer and buyer are prepared
to conclude a transfer, a retailer who does NICS checks by
contacting the FBI system directly by phone will do the following:
1) Call a NICS operator by toll-free number and confirm his
identity with his FFL number and dealer-selected password.
2) Provide the operator with the name, date-of-birth, sex
and race of the potential buyer and the type of transfer--handgun
or long gun. A buyer with a common name may, at his option,
provide his Social Security number to help speed the check.
3) The system will check the data against its database of
prohibited persons. If there is no "hit," the sale
will be approved. The system will assign a NICS Transaction
Number (NTN) to the approval. The dealer will log the NTN
on the form 4473, and the transfer will proceed.
4) Partially completed forms 4473, where a proposed sale has
been denied, will be required to be retained by the FFL per
5) When a "hit" occurs, the dealer will receive
instruction to delay the transaction. A "delay"
response indicates that the check turned up information that
requires further review by an analyst, who will contact the
dealer by return call "within a couple of hours,"
the FBI says.
While the law provides three business days for the FBI to
respond, the FBI anticipates that virtually every delay will
be handled within a day. If records require further investigation,
the FBI may take up to three days to issue either a proceed
or a denial. There will be an appeals process for purchasers
who feel they were denied in error, and dealers will be furnished
with forms for this process.
What does the NICS system contain
that a state background check system doesn`t?
NICS will provide a more extensive
background check of the purchaser than systems that contain
only criminal records. NICS will include records from the
Department of Defense concerning dishonorable discharges,
records from the State Department regarding people who have
renounced their citizenship and other information not available
in criminal records.