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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114810
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can an FFL dealer deny transfer of an NFA item to a listed

Customer Question

Can an FFL dealer deny transfer of an NFA item to a listed trustee on a Gun Trust (if the Trustee is fully legal to own firearms)? The trust does have the Tax Stamp stating ownership of the NFA item. Can the FFL dealer confiscate a NFA item after it has physically transferred ownership to a Gun Trust? Are there any consequences (civil ) for the FFL not performing a NICS check when they are supposed too?
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
Based on a threat from the FFL I returned the suppressor to the store.
1. The NICS check should have been performed when I picked the suppressor up on behalf of the Gun Trust
2. The FFL actually called in NICS check a month after the transfer took place.
3. I was denied the transfer because in the month time lapse I was charged with a Class B Misdemeanor. (which does not disqualify for firearm ownership)
4. Can another trustee have the NICS performed on the same item? We do have the Tax Stamp stating the suppressor belongs to the trust.
5. Can the FFL retaliate in anyway for having another Trustee pickup the suppressor?
Customer: replied 8 months ago.
I am concerned the FFL Store owner will call the Local ATF and try to have my other weapons confiscated. Again, I legally authorized to own weapons. The denial was based on "User of Controlled Substance", due to the POM charge. I have not been convicted. Therefore, cannot be proved to be an unlawful user. A conviction of this charge is the only way to prove this, correct?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the trustee is qualified and the trust has the stamp required under the new NFA trust rules change effective June 2016, then the FFL should not deny transfer the item to the FFA trust. You can first file an appeal to the FBI Firearms Appeals Unit and provide proof you are still qualified. Also if you have another qualified trustee on the trust, they should be allowed to complete the transaction for the trust. The FFL cannot retaliate against you for using the other qualified trustee and the worst they can do is refund your money and tell you to take your business elsewhere. If the trust is qualified and has its tax stamp, then you should not be prohibited from purchasing the suppressor.
Customer: replied 8 months ago.
Thank you for the information. Could you please answer the below?
Can the FFL dealer confiscate a NFA item after it has physically transferred ownership to a GunTrust? Are there any consequences (civil or otherwise) for the FFL not performing a NICS check when they are supposed too?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
No, they cannot confiscate an item once it was sold and transferred to the NFA legally. If they try to confiscate it you could sue them in civil court over their attempt. ATF can review the matter and sanction them for not properly handling the transaction.