Tuesday, June 28, 2016

K Frames and NICS checks and Transfers, Oh MY!

Well, the latest addition to the GunGeeks stable is a S&W K-17 .22LR double action revolver. While it is not a K-22 Combat Masterpiece, it will do as a very nice addition to the collection. It goes well with my K-19 .357 Magnum.
After a few rounds to sight it in, I shot a target that I'll scan at some other date. 30 rnds at 25 yds off of a bag on the bench. Less than 1" vertical with an interesting horizontal spread that is all me. Gun shoots tight and when I found it, based on the underside of the top strap where the cylinder gap is, it could not have had more than a box shot through it. Did I mention it was in the used counter at a decently discounted price? A new set of Jerry Miculek grips for the K-17 are inbound as it needs to match the K-19.

And now for the rant in Gun Geek Rants. Why in the hell could I not carry it out of the shop after I bought it? For a moment, let's ignore that I have a Texas LTC Instructors rating and have to get FBI fingerprint based background checks every other year and that the Texas LTC qualifies to wave the NICS check when purchasing a firearm.

John Q Public (Citizen of the Great State of Texas) walks into a gun store in Bugscuffle Texas and finds a gun that he likes. He informs the countermonkey of this and they agree on a price which he pays. He fills out an ATF Form 4473 and the countermonkey goes to his phone and calls the NICS hotline and gets an approval for the sale. John Q. walks out the door, proudly carrying his newly purchased firearm. At the same time, his cousin, John P. Public Jr. (Citizen of Big Sky Country) walks into a gun store in Podunk Montana. Sees the same gun model and genetics being what they are goes "OOOooooooOOOooooo." The local countermonkey negotiates a price with John P. and after some haggling, they come to terms. John P. fills out a 4473 of his own, Podunk countermonkey calls NICS and gets a proceed message and John P. walks out the door with his new purchase. Then proceeds to call his cousin to brag about his new gun. With me so far? Here's where it gets difficult. Now, if John Q. is on vacation visiting his cousin John P. and walks into the Podunk GunWerks with his cousin and sees a gun he likes he can most certainly buy it. BUT, he doesn't fill out a 4473, the local countermonkey doesn't call THE EXACT SAME NICS HOTLINE THAT THE TEXAS COUNTERMONKEY DOES AND GET THE EXACT SAME PROCEED, and he doesn't get to take the gun with him. Instead, John Q. pays not only for the gun, but also shipping and gives the Podunk gun store contact information for his local gun store back in Bugscuffle, Texas. The Podunk, MT Gun Store then confirms the validity of the Bugscuffle, TX gun stores FFL and then packs up the gun that John Q. just paid for and ships it to the dealer in Bugscuffle, TX. Now, when John Q. has finished his vacation, he wanders into his local FFL there in Bugscuffle, TX and sees his new gun again, this time with his name already on the package with a  PAID sticker on it. He then fills out an ATF 4473 and the countermonkey there in Bugscuffle, TX CALLS THE SAME DAMN NICS HOTLINE THAT THE DEALER IN PODUNK, MT WOULD HAVE CALLED AND GETS THE SAME PROCEED RESPONSE. John Q. then pays his local store there in Bugscuffle for their trouble (transfer fee) and walks out the door with his new gun. That he purchased over a week ago. In another state.

So answer me this, with the current reporting requirements and check requirements that everyone goes through the same 4473 and NICS check from the same FBI office no matter where they are, Why the hell does the transfer have to happen by common carrier to the other state and other local FFL before John Q can get his new gun? There is no local notification of the Sheriff of Bugscuffle County Texas just as there is no local notification of the Sheriff of Podunk County Montana. Only difference is that the paper 4473 with John Q.'s name and the Serial Number of the gun are located in the back room of the FFL in Bugscuffle and not in the cellar of the FFL in Podunk. If the gun is stolen of used in a crime and some LOE does a trace on it, the manufacturer, the distributor get trace requests that send them to the FFL in MT and they get an answer. Or now, the FFL in MT responds with the information on the FFL in TX who then gets a trace request and digs up the file and responds with the information. There is no difference except the soil on which the buyer is standing.


  1. I'm an FFL in Tennessee, and I can tell you how we do things here, and how the system is intended to function.

    FedGov cannot IMPOSE it's will without providing the means to carry out its desires. So if FedGov wants the States to do background checks, it must provide the system to do so. Background checks are the imposed on the States, much like the maintenance of the Federal Interstate Highways are. And like the highways, FedGov provides funds for States to be able to afford the maintenance.

    So the NICS is the bare minimum. In TN, we have TICS (TN Instant Check System) that blends the NICS data with State Family Court, Domestic Violence, and DUI records to determine if the buyer is prohibited.

  2. Wow, that seems like such a hassle. I can't believe he can't just take the gun with him. This just goes to show that more government regulation imposes and inconveniences the daily lives of Americans.