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Purchasing a Firearm...




Effective 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 current 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.

Sincerely,

JEREMIAH W. (JAY) NIXON
Attorney General


Frequently Asked Questions Regarding the NICS System
Q&A's provided by the National Rifle Association

Guide To The National Instant Check System

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 background checks?

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 BATF regulations.
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.

 

 
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