As an FFL, if you Receive an Undetermined Response on a Purchaser and then Receive a Proceed, Can you Turn Over Possession of the Firearm to the Spouse?

Frequently, the issue arises as to whether an FFL can turn over possession of a firearm to the spouse, or other family member, of the person purchasing the firearm when the Pennsylvania Instant Check System (PICS) inquiry comes back with a response of proceed for the purchaser. Usually, the situation is one where the purchaser initially receives a response from PICS of “undetermined.” Later, the FFLreceives a “proceed” response from PICS and contacts the purchaser. Unfortunately, the purchaser is busy and inquires whether his wife or son can come pick up the firearm. Unfortunately, the FFL cannot, as the background check was performed on the purchaser, not the spouse or other family member.

If you have any questions as an FFL or issues when dealing with theATF/PSP, please do not hesitate to contact me.

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Filed under ATF, Firearms Law

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