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FFL's Forum For open discussion between FFLs and polite questions for FFLs.

 
 
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Old 05-19-2017, 8:20 AM
Nardo1895 Nardo1895 is offline
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Default Dealers Policy on Undetermined

Edgerly779's post on "Undetermined" reminded me of a question I've been wanting to ask. Didn't want to hijack his post so I started this one.

At my first DOJ inspection the field rep said I needed to develop a policy on what I will do when a DROS comes back Undetermined. She said I had discretion on what to do, but I needed to develop a policy and then stick to it. She suggested that just releasing to customers I know, but not releasing to those I don't, isn't a good policy. I think her inference was I need to be able to defend my actions if I release to an Undetermined who later commits a crime, and that I could fact legal issues from customers if I'm not consistent.

I searched this forum and there are a number of posts about what a FFL CAN do, what they SHOULD do, etc. But I didn't find much discussion on how you determine if you will or will not release (assuming you are a dealer that will release). There was some discussion about the customer smelling of pot or alcohol, and googling the customer name, but not much else. Anyone care to share with me how they determine if they will or will not release to a specific Undetermined customer? Also, do any of you have a policy on that?

I'm not meaning to restart the discussion on whether a FFL should release. I wholeheartedly agree with most of the posts that if DOJ can't figure it out in 30 days it should not be up to the FFL to deny someone their 2nd amendment rights. That is a great philosophical argument but tends to ignore the potential liability and legal costs a FFL might encounter should things go wrong...
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