View Full Version : How many gun purchases in one month is "too many" for NICS?
Dumb question, but whatever...
I purchased two handguns this month from an online dealer. As it turns out, the second one wasn't to my liking and I'm shipping it back to the dealer for replacement (the slide has an obvious mar on it). The dealer I purchased it from (and who I'm shipping it back to) requires the gun to be returned via my local FFL and will then only ship the replacement gun (of the same type) back to my FFL, even though Federal law states that isn't necessary for replacements or for shipping.
Anyways, that will be potentially three handgun "purchases" in the last 30 days and four NICS checks (the fourth being the transfer of my gun to the dealer). Is this within the realms of normal activity? I would assume I'm safe, but I wanted to double-check. I know X number of purchases can get you flagged. I can always wait for a cooldown period before shipping it back.
I'm in Tennessee, by the way.
Thanks!
I personally never worried about that stuff...how far apart did you buy the two pistols?? Depending on the time frame & If they came from the same dealer then he/she is obligated to send in the multiple handgun purchase doc to atf & chief law enforcement in your area.
If you purchase more than one handgun in a two week period, the FFL holder is required to report it to BATFE.
If you purchase more than one handgun in a two week period, the FFL holder is required to report it to BATFE.
Forms 4473 and 3310.4 say more than one over a period of 5 consecutive business days.
http://www.atf.gov/forms/download/atf-f-3310-4.pdf
GermanSynergy
07-27-10, 12:05
If you can believe it, I used to buy alot of guns:neo:
I've purchased up to 5 and 6 mil surp (M-44's, M-48 Yugo, M-96 Swede, etc) in a 30 day period when stationed in TX from the same FFL. I never had any issues with NICS delays, etc. YMMV.
How many is too many is really up to you. With that said, I would NEVER buy more than 1 gun in 5 business days. As already stated, we have to submit a form on you (as to the exact pistol purchased). I also do not know what they do with the form or how long they keep it on file.
C4
Interesting. Has this always been the protocol? About 18 years ago, my father purchased 8 SKS's at one time..I wonder if it was relayed.
Interesting. Has this always been the protocol? About 18 years ago, my father purchased 8 SKS's at one time..I wonder if it was relayed.
I bet atf noticed that 4473 on the audit...it's the multiple 'handgun' form that is required by law for the ffl. That does not mean the retailer could not give a heads up to the local atf office if that sale concerned him/her at the time.
I've done 6 (two stripped lowers, one complete AR, one 1911, one M&P, and submitted a Form1) in the same month, no issues.
If you've explained it to a better half, and to your pocketbook, that's as much as you should worry.
I think it is just handguns they want reports on. I might be wrong. I know we recive a carbon copy of the form at the PD, I've never noticed anything but handguns. There is no direction given to the PD on what to do with the forms.
How many is too many is really up to you. With that said, I would NEVER buy more than 1 gun in 5 business days. As already stated, we have to submit a form on you (as to the exact pistol purchased). I also do not know what they do with the form or how long they keep it on file.
C4
Is this also true if for example I buy 2 handguns at the same time?
I mean, going to one shop and in "one transaction" buying 2 different handguns.
Something to keep in mind ...
K
Is this also true if for example I buy 2 handguns at the same time?
I mean, going to one shop and in "one transaction" buying 2 different handguns.
Something to keep in mind ...
Yes there is a form the FFL holder fills out. They forward one to the local cop shop. I assume they keep a copy and send one on to ATF. It is a carbon form.
Last two states I've lived in didn't do a "call-in" if you had your CCW. Still obviously did the forms, but no call. Very nice. Wish I had the cash to utilize that benefit more often than the few times I did.
How many is too many is really up to you. With that said, I would NEVER buy more than 1 gun in 5 business days. As already stated, we have to submit a form on you (as to the exact pistol purchased). I also do not know what they do with the form or how long they keep it on file.
C4
Wow! I had no idea an FFL had to do that.
I did not know this either. Been in the sport all of these years, and never heard this. definitely something to think about.
Robb Jensen
07-27-10, 22:02
Forms 4473 and 3310.4 say more than one over a period of 5 consecutive business days.
http://www.atf.gov/forms/download/atf-f-3310-4.pdf
Correct!:D
If said dealer does 5 gunshows over 5 months, this might actually be 2.5 months......5 business days for that particular dealer is how the 3310 law reads.
Robb Jensen
07-27-10, 22:09
If you buy only 1 handgun each from different dealers, each from different dealers no 3310 form is done by anyone one of the dealers because as far as they know is that you've purchased one handgun from themselves. Bureaucracy at it's best! Laws rarely make sense.
So in essence you could have 100 handguns from 100 different dealers in 1 day period with no 3310 form ever sent to ATF.
Dumb question, but whatever...
You are correct. Google it or read it here. www.atf.gov/forms/download/atf-f-3310-4.pdf (www.atf.gov/forms/download/atf-f-3310-4.pdf)
You are correct. Google it or read it here. www.atf.gov/forms/download/atf-f-3310-4.pdf (www.atf.gov/forms/download/atf-f-3310-4.pdf)
Thanks for finding the form to us.
Thanks for finding the form to us.
No problem :)
Is this also true if for example I buy 2 handguns at the same time?
I mean, going to one shop and in "one transaction" buying 2 different handguns.
Something to keep in mind ...
Two HG's within five business days. So yes, two at the same time counts. The FFL is required to submit the form within 24hrs.
I know of at least on instance where a guy bought around 10 cheap plinkers and the next day, he had a visit from the ATF. The funny part is that they guy that bought the pistols was a cop! :stop:
C4
Two HG's within five business days. So yes, two at the same time counts. The FFL is required to submit the form within 24hrs.
I know of at least on instance where a guy bought around 10 cheap plinkers and the next day, he had a visit from the ATF. The funny part is that they guy that bought the pistols was a cop! :stop:
C4
Without making my trying to make an insinuation, I am curious; under which administration did this occur?
I bought two Glocks at once about 5 years ago when I lived in Tucson. Got a call asking why I bought them and what I was going to do with them. It was about 5 years ago and it must have been ATF but I don't remember. I politely told them it was not against the law and therefore none of their business and why where they even asking me? They said thanks and hung up.
Guys, if a multiple transaction report bothers you have the FFL hold the other handgun for 7 days and come back and finish the transaction. There is no law about that. We call it layaway.
Guys, if a multiple transaction report bothers you have the FFL hold the other handgun for 7 days and come back and finish the transaction. There is no law about that. We call it layaway.
That's why I originally asked, so I could time my purchase outside of the required window.
Thanks to everyone who answered - I love this forum. With that out of the way, two more questions...
My first two purchases were three weeks apart, so no foul there, the last one being this past Saturday. My replacement pistol should be in on this upcoming Saturday. That's 7 days, but does it satisfy the "5 business day" rule? Or do Saturdays get lumped in with Friday business for legal purposes?
The other question is this - I've found an H&K USPc Stainless locally at a different dealer. Does the "multiple purchases" apply to purchases made at different dealers? Or just the same dealer? I've been looking for a USPc SS forever and I don't want to let this one slip through the cracks. I'd rather pick it up first and come back next week for the other than vice versa.
Thanks!
I've found an H&K USPc Stainless locally at a different dealer. Does the "multiple purchases" apply to purchases made at different dealers? Or just the same dealer?
Same dealer only.. How would any other dealer know? There is no law that associates NICS checks with any other procedure duties required by a dealer. IE NICS does not police multiple handgun purchases. The FBI does not have that authority, they only have the authority to say yea or nay. That is it.
Only if you buy from the same dealer.
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