JASON RANTZ

Dealers explain how Washington’s gun-buying process actually works

Mar 27, 2019, 5:57 AM | Updated: 6:37 am

gun dealers, gun-buying process...

File photo. (Photo by Brian Blanco/Getty Images)

(Photo by Brian Blanco/Getty Images)

There seems to be a lot of confusion, both locally and nationally, about how the gun-buying process works. And it doesn’t help that a lot of national politicians are pushing ideas that are factually incorrect.

RELATED: Bump stock buyback hits $150K as ban goes into effect
RELATED: Gun store owner says she found I-1639 loophole

Last week, two Democrats on the 2020 ticket told their supporters factually-incorrect statements about gun purchasing. Elizabeth Warren said that we’re not doing the “sensible things” to curb gun violence, such as background checks. Kirsten Gillibrand said gun manufactures will sell guns to terrorists and kids who want to commit mass shootings. Both of those statements are incorrect.

Gun-buying process

I talked to representatives from three Western Washington gun shops, and all of them acknowledged incidents where people were turned away for various reasons. I mainly talked to them to get the facts behind what happens when someone wants to buy a firearm. The answers were fairly consistent across the board, and compliant with Washington firearm laws.

Consistent across all three shops, no customer who appears to be under the influence of alcohol or drugs would be allowed to handle a firearm. If they’re at full mental capacity, the next step would be to pick out a firearm for purchase. It’s a slightly different process depending on what type of gun you choose.

“If you are buying a semi-automatic rifle of any caliber … you have to be 21. It used to be 18, but now it’s 21,” Diana Pinto of Pintos Guns said, citing the new I-1639 rules. “Our next question would be, we would need to see your Washington state driver’s license or ID to verify that your address on it is correct. If it’s not, we need something government-issued with your correct physical address on it.”

The next step would be filling out the Federal Firearm Transaction Record, or 4473.

“It gives you multiple questions where you can answer yes or no,” said Ryan from Wade’s Eastside Guns. “Are you a felon? Are you addicted to an unlawful substance? Are you evading the police right now? Are you under indictment? Have you ever been charged with domestic violence? Depending on how your answers go, we either run the background check or end the transaction right then and there.”

It’s a process that Leon Moore, the store manager at Outdoor Emporium, said can be tedious.

“I tell them to plan on at least a half-an-hour,” Moore said. “We actually will stop doing them well before we close because we know how long that process will take. Because after that we have to actually start the background check process.”

Criminal background check

Those answers on the 4473 then go through the National Instant Criminal Background Check System, or NICS. It’s an immediate process that results in one of three responses: proceed, delay, or denial. A delay means additional research on the individual needs to be done.

“About 90 percent of people, when they buy a gun and it goes through NICS, get approved,” Pinto said. “About 10 percent get a Delay. Sometimes if your name is ‘John Smith’ and you did not provide your social security number, because that is optional, that could delay it. Sometimes if you have had something in the past, and it’s been cleared up, but they need to verify that it’s been cleared up … they just basically need more time to do research.”

Ryan said when it comes to a delay, federal and state law differ.

“Federal law says within three business days we can deliver the firearm,” Ryan said. “Washington state law says we have to retain the firearm for 10 business days or until we hear back from the FBI saying that person is good to go.”

If the individual hopes to buy a handgun, the shop would then check for a concealed carry permit. Pinto said for all handguns, you would also fill out a state form. Should you not have a concealed carry permit, that form gets sent to the police jurisdiction in which you live, and they do a background check. Either way, according to state law, your information would be sent through local AND federal (NICS) databases. For long guns, only the federal database is checked.

Malintent

As for the claim that gun manufactures sell guns to terrorists and mass shooters to make a quick buck? Probably not the case for a couple of different reasons.

“Manufacturers generally don’t sell right to the public,” Pinto said. “They sell to a dealer like me. But I can guarantee you, you will lose your license if you are not doing background checks. Because if you get audited by ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), that is one of the things they look at.”

Ryan said that along with the legal compliance, the store has the right to turn away someone that makes employees feel uncomfortable.

“I think it’s happened to everybody,” Ryan said about turning people away. “Just like every retail establishment, you’ll get the people that come in who are a little out of place. I don’t know anybody who would sell to an individual who they think, or would have reason to believe, the person has malintent.”

Ryan said if something weird happens at his store, he’ll notify all surrounding gun shops, and they would do the same.

Moore said they don’t take their duty to their customers lightly, but there have been times they’ve turned people away based on something they’ve said, done or exhibited in their presence.

“We want the community to be a safe community,” Moore said. “To say that people are getting guns through gun shops without going through proper background checks, that certainly isn’t the case in our store. I would go so far as to guess it would be that way at most firearm retailers.”

Ryan said a lot of people in the industry have a passion for guns, whether it be hunting or target-shooting.

“We don’t want our rights taken away any more than somebody wants their driving rights taken away because someone decided to go on a killing spree with a van,” Ryan said. “What we get out of not selling a bad person a gun is that bad person not getting the gun.”

Jason Rantz on AM 770 KTTH
  • listen to jason rantzTune in to AM 770 KTTH weekdays at 3-7pm toThe Jason Rantz Show.

Jason Rantz Show

Jason Rantz

Burien lawsuit...

Jason Rantz

Exclusive: City of Burien sues King County for breaking contract in homeless camping ban

The City of Burien filed a lawsuit against King County for its refusal to enforce a homeless camping ban that was lawfully adopted.

6 hours ago

Image: The Stevens County Sheriff's Office says it recently received an odd call from a Sasquatch h...

Jason Rantz

Rantz: Sheriff’s office asked legality of hunting Sasquatch in Stevens County

A Sasquatch hunter had an interesting question for the Stevens County sheriff. Is it legal to hunt Sasquatch?

23 hours ago

Image: Children bike past Wilson Elementary in Spokane....

Jason Rantz

Rantz: ‘Racist’ Spokane elementary school’s ‘slaves and hobos’ ignites controversy

After a teacher told students they could dress as "slaves and hobos" for an event, the Spokane NAACP cried foul.

2 days ago

Images: At left, Bellevue Police Department Officer Kevin Bereta is seen in his uniform. At right, ...

Julia Dallas

Bellevue officer injured in VP Harris motorcade recalls road to reclaiming benefits

Bellevue Police Officer Kevin Bereta's life changed while he was on VP Kamala Harris' service detail during her visit to Washington.

2 days ago

permanent supportive housing...

Jason Rantz

Rantz: You’re being lied to about permanent supportive housing in Redmond

Redmond residents rightly push back against permanent supportive housing as a solution for the homeless, as Seattle media get in the way.

3 days ago

WA State Attorney General Bob Ferguson campaigning.  (Photo by Karen Ducey/Getty Images)...

Jason Rantz

Rantz: On crime, Bob Ferguson campaign made its first massive blunder

The Bob Ferguson campaign wants you thinking his top priority is crime. His entire political history says otherwise.

4 days ago

Dealers explain how Washington’s gun-buying process actually works