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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