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

Perhaps if I lived in a state with sales tax, the price difference might be bearable

Tarsook said:
"But I can buy it for 20$ cheaper at Bass Pro Shop"
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I'm willing to pay about a 10% premium to buy from a locally owned shop who has the item in stock (e.g. $440 for a gun that the big box has for $399.95). I'm not willing to pay the same price on GunBroker as what Bass Pro in Hooksett is asking for in-stock, and then wait a week for the gun to ship from out of state, and then another $25 to my local FFL for the transfer fee.
Palladin said:
GO TO LGS. F*CK BPS.
why would you not want to support the local guy, who's scratching to make his business work??
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Because I have my own budget that I need to make work? That said, if one of the other shops in Hooksett has what I want in stock, I'll see if they are willing to price match BPS, or otherwise sweeten the deal.

My math might work out differently if NH had a sales tax I could evade by buying online and transferring via LGS[rolleyes]
 
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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
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Thanks, Mike. I can see how what I wrote was confusing. That was my mistake. I tried to clarify it above.
 
How can this policy violate it? The Act provides for a firearm not being transferred prior to 3 days being elapsed. It doesn't require a dealer to effect the transfer once the 3 day mark has been hit.

It may be an annoying internal policy but they are by no means in violation of the aforementioned Act because of said policy.
 
swatgig said:
When do you pay for the gun? When you try to buy it, or when you pick it up?

If the latter, I'd go in once a week or so and "buy" a gun, and not go back.
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Might get you some unwanted attention from all those 4473s filed.
 
The way I understand the law, FFLs are ALLOWED to deliver a gun after 3 days with no NICS action has passed, not REQUIRED to do. Can anyone cite a passage that mandates the transfer be done even if the dealer chooses not to, or what law the dealer would be violating if (s)he refused the sale?
 
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I love how you all love to shit on Bass Pro Shops.. "support your LGS" you cry out.. sure. I'm for supporting small local businesses, but BPS employs about 300 people locally, one of whom is my wife.. providing them with decent wages (for retail) along with good benefits. she's spent the last ****ing month coming home bitching about *******s expecting to see ****ing Santa within 10 minutes of walking in the ****ing store, and who then proceed to give her shit when she tells them passes were sold out by 2pm. And the fact that you came from a ****ing hour away just confirms how ****ing cheap you are that you'd drive an hour for a free goddamn picture with Santa.

Quit acting like your so ****ing entitled, and then come bitching online when you don't get your way, and sure as hell don't mistreat the employees. Don't like the store, their prices, or their policies.. don't ****ing shop there.

Merry ****ing Christmas!

/rant
 
If your set on shopping for bass pro and dont have to pay until the transfer is aprooved just go in there once a day and buy your gun . If it gets delayed go back the next day and try again, eventually it eill go through instantly... this will create several problems for the dealer if for some reason delayed purchase are later approved. It wont be your problem, and if your like me you know it more than likely never approved once delayed.

Or if that sound like to much work and rediculios (which it is)

Buy from a LGS and explain your situation and ask if theyll proceed after the 3 days.
Somtimes if your not a regular customer they wont but most will.
One you buy a few guns from that LGS youll never have a problem again..they'll probably suggest a upin. Politely say you'll look into it, but i dont find a upin to be helpful for alot of people.
 
This story smells....

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
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not sure about this "tale"
 
EMTDAD said:
I love how you all love to shit on Bass Pro Shops.. "support your LGS" you cry out.. sure. I'm for supporting small local businesses, but BPS employs about 300 people locally, one of whom is my wife.. providing them with decent wages (for retail) along with good benefits. she's spent the last ****ing month coming home bitching about *******s expecting to see ****ing Santa within 10 minutes of walking in the ****ing store, and who then proceed to give her shit when she tells them passes were sold out by 2pm. And the fact that you came from a ****ing hour away just confirms how ****ing cheap you are that you'd drive an hour for a free goddamn picture with Santa.

Quit acting like your so ****ing entitled, and then come bitching online when you don't get your way, and sure as hell don't mistreat the employees. Don't like the store, their prices, or their policies.. don't ****ing shop there.

Merry ****ing Christmas!

/rant
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Retail sucks, end of story. I spent years working at several retail places and they story is always the same. People suck, and they take it out on the poor bastard who had nothing to do with it and has no power to change it. There is plenty of stuff at a big box store that you would want to go to them for, guns just aren't it. They have to craft national policy, and so its going to be screwy and more restrictive because their lawyers will tell them to stay out of grey areas to protect them from liability.

Going to a local gun store can be the same way depending on the store, because they are afraid of losing their business due to ATF or state nonsense. But it will generally be an easier time, and as long as you know their policies on stuff like this you can work with someone who actually wants the business.
 
tagaxle said:
not sure about this "tale"
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Nah, wrong conclusion but the story sounds about right. There was another thread about the 3 day release stuff and with a big retail store you might talk to 3 different people and get 3 stories. From the other thread apparently if they call it in they can release after 3, if it goes in their online system they have to wait. No idea why that would be, but who knows. They have no requirement under the law to release after 3 days, its just an option. Some stores do, some don't. If you know you get delays, ask before you start the transaction and you can make your choice then, before you start.
 
Let me preface this by saying I won't buy a firearm at BPS because they're overpriced, but I have bought other appropriately priced items before.

When the NICS check is returned as a delay, the system tells you what day specifically you can transfer the firearm to the purchaser. BPS can add additional time to it, but why would they? They want the product out of the store and the money in the bank.

Say you went in today to purchase a firearm and got delayed. The rest of today doesn't count on the clock, neither does Saturday or Sunday. Ignoring that Monday is a holiday next week, the clock would start at 12:01 AM on Monday and spin for 72 hours straight until 11:59 PM on Wednesday. And then the Shop can transfer it on Thursday.

Sales people use the five days because explaining this to everyone is f#cking tedious and generally buyers don't give two sh!ts.

- - - Updated - - -

firestorm said:
From the other thread apparently if they call it in they can release after 3, if it goes in their online system they have to wait. No idea why that would be, but who knows.
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Unless it's an Online system specific to Bass pro, this is hogwash. There is no difference between calling it or doing it online.
 
They are not violating the Brady law. As written, the law allows them to make the transfer but does not require them to.
 
noxin said:
Unless it's an Online system specific to Bass pro, this is hogwash. There is no difference between calling it or doing it online.
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This is the post i'm talking about, I think its a bass pro computer system hes talking about, but I can't be sure.

Interesting tidbit for anyone interested. I got a call from BPS asking when I'd be in to pick up. Apparently I would have been allowed to pick up after the 3 days but the guys working the hunting desk are unaware of the full policy. The nice lady on the phone broke it down thusly:

1. If they process the BG check through the computer system, per corporate policy they must wait until they get a "proceed" that comes in the form of periodic batch emails from the FBI, a couple of times a day. This can take weeks to clear.
2. If they call it in on the phone to the FBI, they release after 3 days unless they hear a denial.

Now, as to when they call or process via computer, she wasn't able to give me any insight on when they'll do one or the other. The guy who was going to do the sale did say he would call it in because he's had better luck with NICS delays that way, rather than going through the computer. From this I'm guessing it's more or less up to the individual unless they have some internal policy, or he was a supervisor or something. No idea.

Clearly it's better to have them call it in if you get delayed all the time like I do. As it is this cost them the sale, and I'll likely not go back for firearms at any rate. Part of what frustrated me so much about this is the conflicting stories I got from different people when I called to check status. One guy would say they release after 3 days, the next would say no release until 'proceed', and they both would say the other guy was dead wrong. Apparently they were both right and both wrong. Hopefully BPS will school their hunting desk people on the real policy for the future.
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Its post 20 in the other bass pro thread.

https://www.northeastshooters.com/v...h-BPS-and-NICS-delays-Will-they-release/page2
 
noxin said:
So it's another bullshit policy of a retailer, not an artifact of the NICS system. Hogwash.
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Sounds like it, I don't think anyone thought NICS was the cause of this, they run the check and do their thing. Its the store making the choice to let it go at minimum time or not. The thread started about the LGS that has the same policy went back and forth, basically they may take a little flak for letting one go and then a denial come in but its on the ATF to deal with it and kind of a dick move to not put that policy front and center.
 
if you have some time, sue his ass (the actual store manager) in small claims court for denying your rights. You might get a nice $1000 to help ease the pain at the end of it all too.

And YES, hearing your story, i will not buy any guns at bass pro in the future too.
 
Spanz said:
if you have some time, sue his ass (the actual store manager) in small claims court for denying your rights. You might get a nice $1000 to help ease the pain at the end of it all too.

And YES, hearing your story, i will not buy any guns at bass pro in the future too.
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Small Claims only deals with actual losses. No triple damages, "pain and suffering", or punitive damages.
 
I have dealt with some lazy donkeys at the Foxboro Bass Pro Shop. I've never bought a gun there and never will. They are too lazy to even ring up ammo.

I am always surprised when people purchase multiple firearms there, I feel 100% of the time you can find a better deal.
 
Spanz said:
if you have some time, sue his ass (the actual store manager) in small claims court for denying your rights. You might get a nice $1000 to help ease the pain at the end of it all too.
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There is no law that I'm aware of that prohibits anyone but the gubmint from violating your 2A rights. That's why Village Vault is free to take and sell people's guns. The court held that they were not state actors.
 
J.A.C said:
I have dealt with some lazy donkeys at the Foxboro Bass Pro Shop. I've never bought a gun there and never will. They are too lazy to even ring up ammo.

I am always surprised when people purchase multiple firearms there, I feel 100% of the time you can find a better deal.
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I'm not surprised at all, 65% of MA gun owners are lazebags and don't like driving far to buy a gun. Joey 1 box is with his wife at patriot place and they go to BPS and then Joey buys the M&P he will only fire three times a year. These feeble types go with what is familiar to them, even if its dumb.
 
J.A.C said:
I have dealt with some lazy donkeys at the Foxboro Bass Pro Shop. I've never bought a gun there and never will. They are too lazy to even ring up ammo.
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You should check out the one in Hooksett, much better staff and stock. Still higher prices than any of the LGS in the area, I mostly go for the non-firearms products.

drgrant said:
I'm not surprised at all, 65% of MA gun owners are lazebags and don't like driving far to buy a gun. Joey 1 box is with his wife at patriot place and they go to BPS and then Joey buys the M&P he will only fire three times a year. These feeble types go with what is familiar to them, even if its dumb.
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That's still 2x more than most police officers shoot their duty guns.

If you're not really into our gun culture, it's not easy nor comofortable to shop at a "gun store"; the unwelcoming attitude of many owners plus the near universal lack of clearly posted prices don't make it any easier. Prior to moving to NH, I bought nearly all my ammunition at a local chain (eventually taken over by Sports Authority), just to avoid interacting with the surly staff at "the gun store" even though my LGS was within walking distance of home.
 
noxin said:
Sales people use the five days because explaining this to everyone is f#cking tedious and generally buyers don't give two sh!ts.
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I came to post the same thing, but I don't think anyone has listened.

The "three business days" doesn't include the day of the transaction, nor the day that it is picked up, nor Saturdays, Sundays, or federal holidays. What the ATF calls three days, most people would call five.

If you're delayed on Monday, you can't pick the gun up until Friday unless they get a "proceed" before then.

If you're delayed on Friday, you can't pick the gun up until Thursday -- unless Monday is a holiday, in which case it will be the next Friday before you can pick up.
 
Spanz said:
if you have some time, sue his ass (the actual store manager) in small claims court for denying your rights. You might get a nice $1000 to help ease the pain at the end of it all too.
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The most probable outcome is a lecture form the judge complimenting Bass Pro on such a socially responsible policy and denying your claim.
 

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