Must auctioneer sell him that gun?

Mike Brandly, Auctioneer Blog

As the demand for guns remains strong, auctioneers selling guns are under heightened scrutiny regarding proper procedures and licensing. We wrote about auctioneers selling guns here: http://mikebrandlyauctioneer.wordpress.com/2010/01/17/a-guide-for-auctioneers-selling-guns/ which has been widely accepted as accurate guidance for auctioneers.

Our question here regards, must an auctioneer sell a gun to a buyer in light of a “proceed” from the ATF? In processing background checks, the ATF will issue a licensee a “proceed,” “delay” or deny” answer. According to the ATF, these are the actions in regard to those answers:

    NICS RESPONSES: If NICS provides a “proceed” response, the transaction may proceed. If NICS provides a “denied” response, the seller is prohibited from transferring the firearm to the buyer. If NICS provides a “delayed” response, the seller is prohibited from transferring the firearm unless 3 business days have elapsed and, prior to the transfer, NICS has not advised the seller that the buyer’s…

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