Can a gun be purchased today, with the government shutdown?

[FamilyMan]

So as expected no one blinked and our gov is shut down in some ways now for the first time in 17 years.

I read that ATF is one portion of our gov that is now shut down.
(Reference item #4 on this page: http://www.cnn.com/2013/09/23/politics/government-shutdown-daily-life/index.html )

Since CNN is sure to modify that article fairly quickly over the next little bit, I'll quote the part of it that I'm referring to:

"A shutdown would affect the Bureau of Alcohol, Tobacco, Firearms and Explosives. Translation: That gun permit you wanted processed wouldn't happen anytime soon."​

​

We have many professional gun sellers on here; my question is whether or not guns can still be purchased (and delivered of course) on a retail basis during this shutdown. If indeed no sales, do you have plans for how to maintain your income during this period? My second question is whether there are other aspects to this shutdown that might affect gun owners?

I purposefully omit 100% of the whys, wherefores, accusations, excuses, and such for why/how this happened since that is proper fodder for other forums instead of here.

 

[limon32]

Good question, another interesting aspect of that is if they in fact are not doing background checks then they are in effect prohibiting gun sales, interesting...

 

[Tearbear]

Must be part of that GridEx thing, that supposedly will be going on next month? There sounds like some kind of internet shutdown drill going on November 13, 14,...maybe longer? Some kind of solar flare/comet passing by the Earth type event.

 

[ADfields]

I received an email from them as follows.
We just received word......NICS will be operational during normal business hours in the event of a Government shutdown.
Thanks and have a good day,
Kim Brown
NICS Section FFL Liaison Specialist
　
So I assume that means weekdays 9-5 eastern time.

 

[limon32]

I received an email from them as follows.
We just received word......NICS will be operational during normal business hours in the event of a Government shutdown.
Thanks and have a good day,
Kim Brown
NICS Section FFL Liaison Specialist
　
So I assume that means weekdays 9-5 eastern time.

Wow, good news!

 

[ADfields]

Good question, another interesting aspect of that is if they in fact are not doing background checks then they are in effect prohibiting gun sales, interesting...

Not 100% on this but I don’t think they can shut down NICS completely because then I think anyone could buy a gun due to the 3 business day rule. Under the law NICS has 3 business days to respond and when they don’t the transfer is at the FFL’s choice. So how that would work if there is nobody at NICS to notify I’m very unclear on but if they just bolt the doors I think it would soon be a free for all.

 

[limon32]

Good question, another interesting aspect of that is if they in fact are not doing background checks then they are in effect prohibiting gun sales, interesting...

I was wondering if it would be "illegal" for them to close NICS based on the effect I noted?

 

[FamilyMan]

Not 100% on this but I don’t think they can shut down NICS completely because then I think anyone could buy a gun due to the 3 business day rule. Under the law NICS has 3 business days to respond and when they don’t the transfer is at the FFL’s choice. So how that would work if there is nobody at NICS to notify I’m very unclear on but if they just bolt the doors I think it would soon be a free for all.

Very interesting wording. Being the rebel that I am, I have to say that if I were currently prevented from gun purchases by ATF/NICS, I'd be tempted to giver a go now. If that proves true, you can expect an uproar from the citizens about what government services are "necessary".

Also if so, rather than talking about the gun show loophole, we could talk about the dum-government loophole.

I was wondering if it would be "illegal" for them to close NICS based on the effect I noted?

I doubt it. In the past their actions were fairly dis respective of the hardship put on some Americans. Like by suspending passport processing they impact negatively the airline and travel businesses. And no one cared.

 

[Meanderthal]

You guys be careful what you say. The NSA is still fully staffed.

 

[Bsj425]

Not 100% on this but I don’t think they can shut down NICS completely because then I think anyone could buy a gun due to the 3 business day rule. Under the law NICS has 3 business days to respond and when they don’t the transfer is at the FFL’s choice. So how that would work if there is nobody at NICS to notify I’m very unclear on but if they just bolt the doors I think it would soon be a free for all.

I know you're an FFL so maybe better versed than me since they change the rules all the time. But when I had an FFL it was 3 days after you got a NICS # ( line 21b) for the 4473 as in you actually had to have contact with NICS then if they didnt respond after the 3 days you could go on with the transfer. You just cant call and say oh the line was busy or no one answered come back for your gun in 3 days.

 

[ADfields]

I know you're an FFL so maybe better versed than me since they change the rules all the time. But when I had an FFL it was 3 days after you got a NICS # ( line 21b) for the 4473 as in you actually had to have contact with NICS then if they didnt respond after the 3 days you could go on with the transfer. You just cant call and say oh the line was busy or no one answered come back for your gun in 3 days.

Like I said, how to legally notify when NICS is fully shut down is unclear to me. But in quickly reading through the actual wording of the law (not the ATF/FBI pamphlets) it seems to me, in the event of total NICS closure we could legally notify the FBI of transactions in a number of ways to start the clock ticking. As of right now very easy becouse the computers are still up so I can open a file anytime over the internet.

 

[martentrapper]

This is getting dangerously close to a 2A issue....................careful..............certain members won't respect us is anything 2A is mentioned!!!!!!!!!

 

[iofthetaiga]

Grow up.


....

 

[sayak]

This is getting dangerously close to a 2A issue....................careful..............certain members won't respect us is anything 2A is mentioned!!!!!!!!!

Ha ha! You totally called that one!

 

[wildwill]

I had a custom Linebaugh arrive in to my FFL today--this afternoon I stopped in, completed the cute little form, he called it in and promptly got the proceed just like any other day in America.

 

[Akheloce]

Ha ha! You totally called that one!

I gave myself one guess to who would react to that... I guessed right ... Lol

 

[delong1301]

The answer is yes. I bought one last night and the dealer called it in while I filled out the 4473 and I received approval. No problem.

As for the rest of the government........?

 

[Snyd]

I had a custom Linebaugh arrive in to my FFL today--this afternoon I stopped in, completed the cute little form, he called it in and promptly got the proceed just like any other day in America.

WHAT?!?!... and no pics, description or anything!?!?! Come on!

 

[wildwill]

Snyd, you've seen it before, came up from the southern vortex. Its the first (SN#1) of the Wyoming Centennial guns with bighorn sheep grips. I'll get a pic up.

 

[iofthetaiga]

Any news on your custom, Snyd? Is it on it's way yet?