PPT not picked up on time

[ronlglock]

[BONECUTTER]

Thats the AFT FAQ your reading/not relevant for CA dealers

PC28050.
(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.

The PC reads that is you can't deliver to buyer legally (illegal after 30 days)
You give back to buyer/If you can't (Illegal with no NICS check)
You give to local LE to be disposed of.

In the past I have had both parties come back to reDROS.

Maybe a new PPT with the old Signatures is sufficient...
Maybe a return to owner DROS is sufficent to give back to the seller....

Im not a lawyer. Clearly

[ronlglock]

The buyer was not able to make it back within the 30 day period. He still wants to buy. My question is, what is it that I need to do to complete a legal transfer and does the seller need to be involved again?

[taperxz]

Thats the AFT FAQ your reading/not relevant for CA dealers

The PC reads that is you can't deliver to buyer legally (illegal after 30 days)
You give back to buyer/If you can't (Illegal with no NICS check)
You give to local LE to be disposed of.

In the past I have had both parties come back to reDROS.

Maybe a new PPT with the old Signatures is sufficient...
Maybe a return to owner DROS is sufficent to give back to the seller....

Im not a lawyer. Clearly

When you give it back to the buyer, a 4473 must be filled out with the NICS number that DOJ gives you. There is no need to re DROS when it goes back to seller.

[BONECUTTER]

When you give it back to the buyer, a 4473 must be filled out with the NICS number that DOJ gives you. There is no need to re DROS when it goes back to seller.

If the DROS expires there is no NICS number for the Seller. That is only provided after a denial/30 day reject/ DMV reject, ect.

[ronlglock]

When you give it back to the buyer, a 4473 must be filled out with the NICS number that DOJ gives you. There is no need to re DROS when it goes back to seller.

So the buyer needs to fill out another 4473 with the new dates? Does the seller need to come in to sign another DROS form or do I use the original DROS form?

[taperxz]

If the DROS expires there is no NICS number for the Seller. That is only provided after a denial/30 day reject/ DMV reject, ect.

Not sure what planet you live on but when you submit the PPT you give DOJ the sellers information. Upon buyers denial/default you will get the sellers NICS number to return the gun. If they don’t, you can call to get it

[taperxz]

So the buyer needs to fill out another 4473 with the new dates? Does the seller need to come in to sign another DROS form or do I use the original DROS form?

Start fresh and have the seller come in

[ronlglock]

Start fresh and have the seller come in

RATS, but thank you.

[kemasa]

You can use the original DROS for the seller, just as you could use a worksheet for the seller.

Based on what you posted, you could use the same 4473 with a new background check and update that, although I have mixed feelings about which way is better. You would have to keep the old 4473 for 5 years, so if you just update the old one, there is just one to keep.

[taperxz]

You can use the original DROS for the seller, just as you could use a worksheet for the seller.

Based on what you posted, you could use the same 4473 with a new background check and update that, although I have mixed feelings about which way is better. You would have to keep the old 4473 for 5 years, so if you just update the old one, there is just one to keep.

Even with the 4473 signed on the top by the buyer 30 days ago? Also, if you cancel that dros, that should be noted on the 4473 and a new one started.

[kemasa]

Read the reference in the OP which which it addresses the 4473 issue, both background checks need to be listed. The 4473 isn't final until the second signature .

From the OP:

“Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example1: A NICS check is initiated on May 15th. The licensee receives a “proceed” from NICS. The transferee does not return to pick up the firearm until June 22nd of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.”

[taperxz]

Read the reference in the OP which which it addresses the 4473 issue, both background checks need to be listed. The 4473 isn't final until the second signature .

From the OP:

Hmmm good to know.

[Bobshouse]

Simple answer is Yes. The old 4473 along with any documents must be kept by the FFL and a new one must be completed.

[kemasa]

Simple answer is Yes. The old 4473 along with any documents must be kept by the FFL and a new one must be completed.

Why must a new 4473 needs to be started?

As stated in the OP:

https://www.atf.gov/firearms/qa/what-period-time-nics-check-valid

For what period of time is a NICS check valid?

A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted. Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example1: A NICS check is initiated on May 15th. The licensee receives a “proceed” from NICS. The transferee does not return to pick up the firearm until June 22nd of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.

Example 2: A NICS check is initiated on May 15th. The licensee receives a “delayed” response from NICS; no further response is received. The transferee does not return to pick up the firearm until June 16th of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.

[27 CFR 478.102]

In addition, I have been told, but you should check to confirm with your CA DOJ Inspector, that the original DROS can be used for the seller., which makes the answer no, the seller doesn't need to come back.