My application for a new firearm was apparently not complete. Who's responsibility is it?

Question

I recently got a phone call from a local gun dealer where I purchased a 22 caliber rifle. They said that during a recent audit, they found that my application was missing my city of birth. I've had the gun 2 months now. They want me to come in and fill out the name of the city, however, because they were such pricks when I purchased the gun and also on their recently left voicemail, I'd rather not do them any favors. It's my belief that as the retailer, they should have been diligent enough to review the application and ensure all of the spaces were filled in, especially since their forms were poorly legible photocpies. The owner said he won't mail the form to me to complete or take the info over the phone and I'm not interested in driving to the store again, but I'd be happy to write in the missing info if he drove to my house.

What's my LEGAL obligation to drive to the store? It sounds like they're looking to inconvenience me for their lack of due diligence.

Answer 1

Since you're asking about what's "legal" and not looking for an opinion on the "right thing to do", the responsibility to ensure the form is complete lies with the retailer. They are required to verify the form is complete and check your identification BEFORE any sale or firearm transfer.

The government will continue to harrass the retailer for corrected paperwork. This can be a costly lesson for a retailer if the new gun owner is no longer in the area - they may need to employ the services of another licenced dealer local to the owner so paperwork mistakes can be corrected in person.

One of the common errors that people make on these forms is that they abbreviate. For example, If you were born in a suburb of a city with "Heights" or "Township" and you abbreviated these names as most of us commonly do, that could have triggered the audit. Given that you passed the background check, I'm guessing that you have your birth city on the form, but it's abbreviated.

Answer 2

The gun dealer can't mail you the form and can't take the information over the phone because Federal firearms laws require you to fill out the form IN PERSON, and IN FRONT OF HIM.

You won't be doing HIM a favor by filling out the form; you'll be doing YOURSELF a favor, because if the form isn't filled out correctly the feds will come after both he AND you.

Stop being difficult to get along with, go fill out the form, and be done with it.

Answer 3

It is your obligation to COMPLETELY fill out the form. It is the sellers obligation to make sure it is complete. So both of you are at fault.

If you don't correct the form as required, they can come and take your little gun away from you....

Their lack of "due-diligence" is on par with your "neglect to correctly fill out the form". Quite moaning and go fix it - or prepare to give your little toy up, Yosemite Sam.

Answer 4

I'm not sure of the legalities with regard to the dealer, but YOU have an obligation to fill out Form 4473 truthfully **and completely**. In order to protect yourself, I'd swallow whatever ill will you harbor toward the dealer, hotfoot it down there, and finish filling out the form you started 2 months ago.

Answer 5

Get the number blocked..You might be a victim of identity theft.Check your credit history report..If you didnt fill out something important for a firearm you would most likely get a LETTER in writing from the state..I wouldnt give anyone information over the phone.I have been nearly scammed by people over the telephone..Always request it in writing.If they cant supply you with that than something is wrong..Good luck.