As to filling out 4473s remotely, I am very curious how FS is managing this. I have a customer that liked to fill out his 4473 on his computer at home. He would print it and bring it to the shop. He would not sign or date it until he got to the shop. After he signed and dated, I would fill out my part and run the background check. All straight forward and easy.
During my ATF audit in June 2019, the ATF had an opinion on this. As I have posted in previous threads, one of the things the ATF does at an audit is look at one year's worth of 4473s. They look at every line of every 4473 for one year. They find every missed box that should have been checked, every date that is slightly off, every middle initial that should have been a full middle name, etc.
They noticed I had these nicely printed 4473 unlike the rest of mine that were all hand filled out. I explained what the customer did and the fact that he COMPLETED the 4473 at the shop including signing and dating. They made it clear that this was NOT ACCEPTABLE. I asked my inspecting agent to please consult the agent in charge in Boston for an opinion and they came back with the same answer.
Filling out an electronic 4473 requires use of an approved signature pad (I could go quote the regulation, but I am feeling lazy on mother's day). You cant use your finger on a computer touch screen or ipad screen. I don't know how FS does it, but I suspect you sign the form when you come to the shop, thus completing the form in person. That is the scenario I argued for and lost. Very curious how they manage it.
Similarly I have customers coming from 1.5-2.0 hours away that always get delayed. They asked if I could take the 4473 electronically and run the background and then when they got proceed they would come to the shop. I called the ATF to get a ruling. Their response was that the person MUST be in the shop in person and able to take possession of the firearm should they get a proceed. No exceptions. I called Boston and I called Washington and got the identical response.
I am sure that one could make a decision as a dealer and take the risk to not follow the guidance above to the letter. You would be unlikely to get caught. If you did get caught you would not lose your license the first time, but just get your wrist slapped. But my one rule as a gun dealer is "DONT F*CK WITH THE ATF". There are lots of places one could chose to color in grey, but the ATF is not one of them. They have no sense of humor.
No REASONABLE way to work around the premise restriction or the requirement for the person to be there in person when you do the background check.
As to the state saying the parking lot is not your premise, bullsh*t. If my address is 123 main st, I will pull out a plot plan for that address and if the parking lot is part of that address, it is the premise. No where in state or federal code does it say BUILDING or ROOF or any such crap. It says premise
Merriam-Webster
premises also premisses plural [from its being identified in the premises of the deed]
a
: a tract of land with the buildings thereon
b
: a building or part of a building usually with its
appurtenances (such as grounds)
This does not work for me since my premise is a suite inside of my address and the parking lot Is not part of my suite and therefore my premise. But if the gun shop is the entirety of the address, f*ck 'em.