When do you actually own a new gun?

May 26, 8:05 PMDenver Gun Rights ExaminerDan Bidstrup

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When do you own your new gun?  While less than 1% of checks sent through the FBI's Instant Background Check system are turned down, one such denial has turned up an interesting question. An Examiner colleague of mine, Brigette Rodriguez, alerted me to a local gun dealer who contends that only after you buy the gun can he submit the request for the background check. His reasoning is that since you have to attest on the form that you are the buyer of the gun (to make straw purchases illegal) you must have consummated the purchase for him to legally run the background check. He had a woman who failed the background check. He explained to her that although she paid for the gun, he could not legally let her have possession.  To help out however, he would resell it for her for a 20% commission.

Our local Troubleshooter radio show host Tom Martino interviewed her on his show and talked to a representative of the Colorado Bureau of Investigation as well as several callers.  The discussion was sort of battled to a draw May 5th and 6th.   At exactly what point in the sale does the Instant Background Check occur?  For most of us, we indicate we want the gun and fill out the form.  While the check is being run over the internet, we continue shopping.  When the check comes back clean, we bring the other goodies we got up to the counter and pay for the whole lot, while we complain about the lack of ammunition to use with the new gun.  Then, we tip our hat and go home. Is this gun store owner the only one doing it right, or is he the only one doing it wrong?  If we warrant that we are the purchaser of the gun,  are we perjuring ourselves on the Instant Background Check paperwork if we haven't already paid for it?  If we have paid for it, are we illegal according to the Brady Handgun Violence Prevention Act of 1993 of buying a gun without a background check? Among the counter people I have talked to, the consensus is that you don't actually pay for the gun if you don't come back approved on the background check.  What do you think?