December 3, 2010, 12:54 PM
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#17
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Senior Member
Join Date: November 11, 2009
Posts: 506
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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?
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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
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(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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