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Old December 3, 2010, 12:54 PM   #17
divil
Senior Member
 
Join Date: November 11, 2009
Posts: 506
Quote:
Didn't the Gun Dealer VIOLATE FEDERAL LAW by SELLING a gun to a person that hasn't yet passed a BACK GROUND check?
I don't think so:

http://edocket.access.gpo.gov/cfr_20...fr478.101.pdf:
Quote:
ยง 478.102 Sales or deliveries of firearms
on and after November 30,
1998.
(a) Background check. Except as provided
in paragraph (d) of this section, a
licensed importer, licensed manufacturer,
or licensed dealer (the licensee)
shall not sell, deliver, or transfer a
firearm to any other person who is not
licensed under this part unless the licensee
meets the following requirements:
(1) Before the completion of the
transfer
, the licensee has contacted
NICS;
(2)(i) NICS informs the licensee that
it has no information that receipt of
the firearm by the transferee would be
in violation of Federal or State law
(Emphasis added by me)

Although the word "sell" is used in the first paragraph, the first condition clearly applies to the transfer, not the sale.
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