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Old April 17, 2022, 10:40 PM   #1
Eddiejoe
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Question on BATFE Inspections

If BATFE audits an FFL dealer and finds an error on the 4473, would the dealer reach out to the buyer to correct the form after the fact?
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Old April 18, 2022, 10:42 AM   #2
dogtown tom
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Eddiejoe If BATFE audits an FFL dealer and finds an error on the 4473, would the dealer reach out to the buyer to correct the form after the fact?
Maybe.
Such a correction would not prevent the IOI from noting the violation in their report. The dealer can't fix a 4473 with an error or omission. All he can do is make a copy, and make corrections to that new 4473.

How it's done: https://www.atf.gov/firearms/qa/if-l...record-correct

Understand that no law or regulation requires the buyer/transferee to return to the dealer and make the correction. BUT, the buyer/transferee by signing that Form 4473, certified under penalty of law that his answers were true, correct and complete, may have violated federal law himself.

If the customer "accidently" puts todays date on Que. 15 BIRTH DATE......thats not true, correct or complete.

If the licensee doesn't catch that, he is in violation.

ATF has been directed by the Biden Administration to crack down on "rogue gun dealers". Any error, omission, transposed digit or other mistake is considered as "willful" and means ATF can begin procedures to revoke the FFL from that dealer.
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Old April 18, 2022, 11:32 AM   #3
Eddiejoe
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Thanks for the BATFE link! I think this one is fixable.
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Old April 18, 2022, 12:54 PM   #4
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Any error, omission, transposed digit or other mistake is considered as "willful" and means ATF can begin procedures to revoke the FFL from that dealer.
How does that square with the part of the FOPA that is supposed to protect dealers who make "innocent" mistakes, such as accidently transposing a couple of digits?

Is it totally up to the ATF to decide what is, and isn't "willful"? Or are ALL mistakes now considered intentional efforts to evade the law?? (which, while not proper, wouldn't surprise me....)
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Old April 18, 2022, 01:53 PM   #5
dogtown tom
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Quote:
44 AMP
Quote:
Quote:
Any error, omission, transposed digit or other mistake is considered as "willful" and means ATF can begin procedures to revoke the FFL from that dealer.
How does that square with the part of the FOPA that is supposed to protect dealers who make "innocent" mistakes, such as accidently transposing a couple of digits?
What part us that?
What ATF has considered as "willful" hasn't changed. "Innocent" mistakes aren't mentioned in FOPA.

What has changed is ATF being told to begin revocation proceedings on violations that they may have ignored in the past.
Here's the process:https://www.atf.gov/firearms/compliance-inspections



Quote:
Is it totally up to the ATF to decide what is, and isn't "willful"?
What is a Willful Violation?
The GCA does not define “willful.” The federal courts, however, have held that a willful violation of the GCA’s regulations occurs when the FFL commits the violation with an intentional disregard of a known legal duty or with plain indifference to their legal obligations.

While relatively few FFLs engage in such conduct, the negative effect that willful violations have on public safety can be immense. Consequently, the courts have also held that a single willful violation of a GCA regulation is a sufficient basis for ATF to revoke an FFL’s license.




Quote:
Or are ALL mistakes now considered intentional efforts to evade the law?? (which, while not proper, wouldn't surprise me....)
That's the intent of the Biden Administration.
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Old April 18, 2022, 03:01 PM   #6
Shane Tuttle
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Here's the rub, though; "...when the FFL commits the violation with an intentional disregard of a known legal duty or with plain indifference to their legal obligations."

They still have to prove intentional disregard and plain indifference. The mistake itself may not provide the intent. That's the missing link.
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Old April 18, 2022, 07:03 PM   #7
Gelrir
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I had a gun store send me a letter, years ago, a few years after I'd purchased a firearm there. The forms had some mild boo-boo, I don't remember what, but nothing about my personal info was wrong. Some page hadn't been signed? They wanted me to visit the (inconveniently-located) store to re-sign their paperwork. I never got around to it, and the store closed about 4 years ago.
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Old April 19, 2022, 10:12 AM   #8
Skans
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If I got a call for a store that sold me or transferred me a firearm, and I made a mistake, I'd make every effort to quickly correct it. I feel that it's part of the bargain I signed on for when I used them to transfer me the weapon.
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