BassPro Shops Violating Brady Handgun Violence Protection Act - 18 U.S.C. § 922(t)(1)

dj3

dj3

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Hello all,
I'm sure many people here are aware of the Brady Handgun Violence Prevention Act, which is in regards to the federal background check run when purchasing a firearm. The results may come back approve, deny or delay (further review), and if you get delayed once, you'll likely get it every time - I'm one of the lucky ones who gets delayed every time [grin].
That being said, I've been delayed for my first two firearms, BassPro said if I don't hear anything from them within 5 business days (it's actually 3), I can just come and pick up the gun. This is in regards to
18 U.S.C. § 922(t)(1) specifically, which is below; (Link: https://www.law.cornell.edu/uscode/text/18/922)


(t) (1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
​
(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(B) (i) the system provides the licensee with a unique identification number; or

(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section



So by this legislation, if there's been no word from the Fed, I can come and pick up the firearm. This is how it worked for my HK VP9 in August, and just a couple months ago when I bought my Benelli SuperNova Tactical from the SAME BassPro Shop. I went to buy a new pistol last Friday, and to no surprise I got another delay. Expecting, and completely fine with this, I leave with the expectation I can come back after 5 business days (verified by the salesman) to come pick up my new gun.
I called yesterday on the fourth business day to pass, asking if they had received word from the Fed, of course they said no and I replied - so tomorrow I can just come by and pick it up then. The employee says - no, we can't transfer a firearm until we receive word from the Fed. I asked how this could be, and when they changed their policy, apparently it's always been this way - never mind the fact I just bought a gun from them 2 months prior and picked up after 5 days.
I went to the store and asked to speak with the manager on duty, and after 10 minutes or so, he came over. I calmly and respectfully asked him about the situation and explained how this was not in accordance with this specific code in the Brady Handgun Violence Prevention Act which allows me to receive the firearm after 3 business days. He told me that this doesn't apply to the electronic background checks that they perform, and that he got a letter from the NICS on this matter specifically.
When I pulled out the printout of this entire law and showed him in black and white how this was not operating within it, he told me this was a recent change. This is obviously not true since there have been no amendments, I told him I wanted to bring my repeat business back to his store, but they obviously don't want it. He came back with "Heh- I sell a LOT of guns here" to the effect of I don't care, get lost.
So I did, I told him I'd tell everyone I knew what happened, and that no one I knew would buy from his store anymore. I went down the road to a local gun shop about 10 minutes away (were I should've gone in the first place), told them what happened, and that I wanted to buy the gun from them instead. Same exact gun - same exact price. Got delayed, paid for the gun in full and was told by next Wednesday I can come pick it up.
It would have been nice to have this under the Christmas tree for myself in time for Christmas morning. But out of principle - I'm glad I took my business to a small shop whose employees actually ACT like they want my business - I urge everyone to find a LGS they trust and stick with them!


TL;DR Don't buy guns from BassPro Shops, they treat law-abiding citizens like dirt and have no respect or regard for the 2nd amendment - nothing new in the commonwealth



 
There are many excellent gun shops owned by 2A supporting individuals. So why on earth would I take my business to a shit big box store. Even if bass pro had great service, I still wouldnt go there!
 
Yeah, BPS and Dicks both have an internal policy that they don't release the gun until the NICS check clears.

Moral of the story is go buy from your LGS. Also, a little hint: try having them call it in next time instead of doing the online check. I just bought a rifle yesterday at Gander Mountain because the local store here is going out of business and they had some good deals. The guy called it in and I got an instant clear in about 5 minutes. Online check always takes forever for me, and I've been delayed twice.
 
If it were me, I'd contact the ATF, explain the situation, and see if there's anything they can do about it (i.e. call Bass Pro and tell them to knock it off).
 
I recently learned: "always call your local gun shop first" share the gun you want and the price.
Majority will come very close or even march it.
Give your business to local businesses when you can.
 
noddaduma said:
If it were me, I'd contact the ATF, explain the situation, and see if there's anything they can do about it (i.e. call Bass Pro and tell them to knock it off).
Click to expand...

I bet there are some provisions that allow stores to do what they wish.
For example BPS might have a store policy on hand guns that if you don't get the green light from the feds They do not proceed with the sale.
I don't think the federal law says the seller MUST transfer the firearm after 3 days vs the law says IF ATF does not contact the seller after 3 days the seller MAY proceed with the sale. This is the same as a store owner refusing to sell to you period.
 
The crux of the problem, as I understand it, is if you get no response wait 3 days, then pick up your gun and two days later you get a denial it is ambiguous about who's job it is to clean up the legal mess. The ATF sure AF isn't coming out to reposess that gun, the dealer has no right to, and on top of that the dealer could incur legal fees for selling a gun to a prohibited person.
 
mac1911 said:
I don't think the federal law says the seller MUST transfer the firearm after 3 days vs the law says IF ATF does not contact the seller after 3 days the seller MAY proceed with the sale. This is the same as a store owner refusing to sell to you period.
Click to expand...
You are correct, thread title is misleading clickbait.
 
BPS is not violating the law. You can definately take issue with their stance and not shop there but they are within their rights to decline to sell you the firearm. Get a Federal UPIN if you want this delay issue to go away.
 
BPS and Dicks are... not very good at selling firearms and ammunition. That's really bottom line here.

The reason I go to an LGS or Cabelas, is they seem to know what they're doing (and admit it when they don't) and act like they give a crap.

I shop at Walmart for groceries and such, but I don't complain when the service is atrocious or the store policy is moronic, because I know that's the trade-off for their low prices. If you walk into a Dicks or a BPS, be prepared for a bad experience (and happy when you have a good one). It's the nature of the beast with big-box retail, and states like MA who over-regulate nearly everything only make it harder for those models to function properly (with regards to firearms especially, but anything really).
 
Paul455 said:
Always buy from the LGS.
Stay away from the big box stores.
P.S. Bass Pro sux
Click to expand...

Always buy from a decent LGS. In this situation you have to ask their policy first as there is at least one LGS (Thread about it elsewhere) that does this same thing and will not let it go until the feds tell them proceed.
 
Tarsook said:
"But I can buy it for 20$ cheaper at Bass Pro Shop"
Click to expand...

often many items are a lot less at BPS.
As much as I like to support local business be it guns or footwear or what ever many of these shops drop the ball if they dont have stuff in stock.
I lost count to how many times i have asked a shop of any kind "do you have XYZ" and you just get the "nope" and thats the end of it. I avoid box stores myself as they tend to suck on quality and selection.
Sadly with great hesitation and really did not want to I have become a online buyer for most things.
 
It's a private business, they can sell or not sell to anyone they want. You can take you business elsewhere, as you did. This is how capitalism works. Besides, why would you go to Bass Pro when there are so many LGS that will sell the same thing, or you can buy online and have it transferred though your LGS.

BTW VP9 Nice choice
 
ScottS said:
LGS? WTF. Buy online and ship to your local transferring dealer and be done with it.
Click to expand...

what the heck is a "transferring dealer?" Most FFL's will do a transfer but if they have the policy of not handing over the firearm until they get a proceed you would be in the same boat waiting for the Feds to clear you.
 
dj3 said:
Hello all,
I'm sure many people here are aware of the Brady Handgun Violence Prevention Act, which is in regards to the federal background check run when purchasing a firearm. The results may come back approve, deny or delay (further review), and if you get delayed once, you'll likely get it every time - I'm one of the lucky ones who gets delayed every time [grin].
That being said, I've been delayed for my first two firearms, BassPro said if I don't hear anything from them within 5 business days (it's actually 3), I can just come and pick up the gun. This is in regards to
18 U.S.C. § 922(t)(1) specifically, which is below; (Link: https://www.law.cornell.edu/uscode/text/18/922)


(t) (1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
​
(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(B) (i) the system provides the licensee with a unique identification number; or

(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section



So by this legislation, if there's been no word from the Fed, I can come and pick up the firearm. This is how it worked for my HK VP9 in August, and just a couple months ago when I bought my Benelli SuperNova Tactical from the SAME BassPro Shop. I went to buy a new pistol last Friday, and to no surprise I got another delay. Expecting, and completely fine with this, I leave with the expectation I can come back after 5 business days (verified by the salesman) to come pick up my new gun.
I called yesterday on the fourth business day to pass, asking if they had received word from the Fed, of course they said no and I replied - so tomorrow I can just come by and pick it up then. The employee says - no, we can't transfer a firearm until we receive word from the Fed. I asked how this could be, and when they changed their policy, apparently it's always been this way - never mind the fact I just bought a gun from them 2 months prior and picked up after 5 days.
I went to the store and asked to speak with the manager on duty, and after 10 minutes or so, he came over. I calmly and respectfully asked him about the situation and explained how this was not in accordance with this specific code in the Brady Handgun Violence Prevention Act which allows me to receive the firearm after 3 business days. He told me that this doesn't apply to the electronic background checks that they perform, and that he got a letter from the NICS on this matter specifically.
When I pulled out the printout of this entire law and showed him in black and white how this was not operating within it, he told me this was a recent change. This is obviously not true since there have been no amendments, I told him I wanted to bring my repeat business back to his store, but they obviously don't want it. He came back with "Heh- I sell a LOT of guns here" to the effect of I don't care, get lost.
So I did, I told him I'd tell everyone I knew what happened, and that no one I knew would buy from his store anymore. I went down the road to a local gun shop about 10 minutes away (were I should've gone in the first place), told them what happened, and that I wanted to buy the gun from them instead. Same exact gun - same exact price. Got delayed, paid for the gun in full and was told by next Wednesday I can come pick it up.
It would have been nice to have this under the Christmas tree for myself in time for Christmas morning. But out of principle - I'm glad I took my business to a small shop whose employees actually ACT like they want my business - I urge everyone to find a LGS they trust and stick with them!


TL;DR Don't buy guns from BassPro Shops, they treat law-abiding citizens like dirt and have no respect or regard for the 2nd amendment - nothing new in the commonwealth
Click to expand...

The post title is misleading, there is no "Violation" of anything by BPS. Fedeeral regs allow FFLs to tell people to go screw on default proceeds. It's probably just a stupid policy, easily avoided by shopping at real gun shops. Buying guns at box stores has always been horrendous.

-Mike
 
PennyPincher said:
what the heck is a "transferring dealer?" Most FFL's will do a transfer but if they have the policy of not handing over the firearm until they get a proceed you would be in the same boat waiting for the Feds to clear you.
Click to expand...

He's not talking about evading the law just evading bad prices. [laugh] There are plenty of 01 FFLs that literally do like 90% transfers, that's what he's getting at.

-Mike
 
PennyPincher said:
what the heck is a "transferring dealer?" Most FFL's will do a transfer but if they have the policy of not handing over the firearm until they get a proceed you would be in the same boat waiting for the Feds to clear you.
Click to expand...

Shitty policy is shitty policy. An LGS could have the same "hold until cleared policy as BPS." Bad customer service isn't limited to big stores.

My "transfer dealer" where I sit at a table in his basement as he slides me my pre-filled-out 4473 across to me. (Note clarification below). No stock, so not an "LGS." 9 times out of 10 my NICS has already been called in and cleared to proceed. My last transfer took literally 8 minutes from pull into driveway to leave.

Guess my point was everyone immediately jumped from "BPS" to "LGS." That hardly ensures friendly customer policies or prices. The last place I look for a deal is a brick and mortar shop. In the last 15 years I've seen exactly one gun I couldn't get cheaper online, even with shipping and transfer.

ETA: The Doctor is right. He's a regular 01FFL who happens to operate out of his home. But don't lose my point: I consider BPS's perfectly legal policy to be shitty customer service, no different than a shop not being open on Mondays or a furniture store that treat me they're doing me a favor by talking to me. I try avoid places with shitty customer service in all areas of my life, and reward the ones with good service and prices.

ETAA (Edited to Add Again): I must have given everyone the wrong impression. I meant Section B, with the firearm information and date of transfer, etc. had been filled in. Sorry if there was any confusion.
 
Last edited:
ScottS said:
Shitty policy is shitty policy. An LGS could have the same "hold until cleared policy as BPS." Bad customer service isn't limited to big stores.

My "transfer dealer" where I sit at a table in his basement as he slides me my pre-filled-out 4473 across to me (minus 11, 12, and my signature.) No stock, so not an "LGS." 9 times out of 10 my NICS has already been called in and cleared to proceed. My last transfer took literally 8 minutes from pull into driveway to leave.
Click to expand...

Whatever you do don't out the guy's name, this is potentially illegal for the dealer (fed regs seem to mandate that the BG check is run with the person physically present in the location listed on the FFL) and I know a similar dealer that got rapped for it once the feds found out about it- he had to close his shop over it because the deal they put in front of his lawyer was "surrender the FFL or get prosecuted". Hopefully he doesn't do that for everyone, and only the best customers......

It sucked because the guy I used, I literally had a transfer that took under 60 seconds once... which helped, because his shop was in probably one of the most top 10 inconvenient towns in MA to drive to. [rofl]

-Mike
 
drgrant said:
Whatever you do don't out the guy's name, this is potentially illegal for the dealer (fed regs seem to mandate that the BG check is run with the person physically present in the location listed on the FFL) and I know a similar dealer that got rapped for it once the feds found out about it- he had to close his shop over it because the deal they put in front of his lawyer was "surrender the FFL or get prosecuted". Hopefully he doesn't do that for everyone, and only the best customers......

It sucked because the guy I used, I literally had a transfer that took under 60 seconds once... which helped, because his shop was in probably one of the most top 10 inconvenient towns in MA to drive to. [rofl]

-Mike
Click to expand...

^THIS.

It says it right on Section A - Must be Completed Personally by Transferee (Buyer).

ScottS is usually on the ball, but I think this post should've never been.
 

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