Looking for a Middle Tennessee FFL that will allow a transfer on a conditional proceed

[Ellie]

Howdy.  I purchased a firearm and had it shipped to the Outpost Armory down in Murfreesboro.  When I went in for my background check, I was denied.  I appealed it and received a conditional proceed, but Outpost won't complete the transfer.  Working on the appeal, this process appears to be intentionally designed to be as frustrating as possible.  They can't tell me why I was denied.  I haven't had anything more than a speeding ticket in 30 years, have a concealed carry permit, and because of my job I've been background checked 18 ways to Sunday.  

Arg.

Anyway, I'll get this BS cleared up eventually, but I'm concerned that Outpost will sell off my new toy if I don't get it transferred soon.  They are willing to ship it to another FFL, so I'm looking for one that will complete a transfer on a conditional proceed.  Any suggestions?

Thanks!

[Smith]

No one you want to deal with will do that. Also, the next FFL would have to run a new background check. Having an active conditional would cause even more problems and delays on the second round. 

Best bet is to wait the appeal out. It's frustrating, but it's the only way. It usually gets cleared up fairly quickly. 

I had one one time due to a guy in Oregon who was a felon that had the same first name and his social was 2 digits off mine. Got cleared up fairly quickly. Never had an issue again.

[Ellie]

Doesn't that bother you?  It feels wrong to me.  On one hand the state says "We have no reason for you not to sell this person a gun.", but off the record other FFLs are telling me that the ATF and TBI have strongly discouraged them from completing transfers for conditional proceeds.

It's not really gun "rights" when the state can say no without justifying it, then after an appeal they say "ok go ahead, but we'll punish anyone that does business with you."  That's a big problem.

[crc4]

On 1/7/2023 at 5:27 PM, Ellie said:

Howdy.  I purchased a firearm and had it shipped to the Outpost Armory down in Murfreesboro.  When I went in for my background check, I was denied.  I appealed it and received a conditional proceed, but Outpost won't complete the transfer.  Working on the appeal, this process appears to be intentionally designed to be as frustrating as possible.  They can't tell me why I was denied.  I haven't had anything more than a speeding ticket in 30 years, have a concealed carry permit, and because of my job I've been background checked 18 ways to Sunday.  

Arg.

Anyway, I'll get this BS cleared up eventually, but I'm concerned that Outpost will sell off my new toy if I don't get it transferred soon.  They are willing to ship it to another FFL, so I'm looking for one that will complete a transfer on a conditional proceed.  Any suggestions?

Thanks!

Who have you contacted to clear this up? Gun dealers can't clear it up. So it must be someone at the state or federal level.

What did the 'official' people tell you? 

If there's a conditional proceed on your application, I can't blame the gun dealer for not completeing the transaction. That's a wise decision for them to avoid legal complications and potential trouble. Sending the gun to another FFL only passes the buck elsewhere and you'll have the same conditional proceed stoppage.

What is the appeal process you've initiated? How does it work?

There sounds like more to this event than has been expressed on this forum.

I'm not giving you a hard time, but if you want good advice it's important to know the whole story.

Edited January 10, 2023 by crc4

[Smith]

51 minutes ago, Ellie said:

Doesn't that bother you?  It feels wrong to me.  On one hand the state says "We have no reason for you not to sell this person a gun.", but off the record other FFLs are telling me that the ATF and TBI have strongly discouraged them from completing transfers for conditional proceeds.

It's not really gun "rights" when the state can say no without justifying it, then after an appeal they say "ok go ahead, but we'll punish anyone that does business with you."  That's a big problem.

It does. What a conditional means is that there is something with a flag but they can't verify it. The FFL, without knowing what the flag is for, assumes all legal responsibility for the transfer if they continue with the transaction.  

The only way to clear it up, is with a lawyer or contact the tbi directly. 

A lot of times if you wait a few weeks, and run it again it'll clear.