Are licensed pawnbrokers’ firearms sales or return of firearms redeemed from pawn subject to the Brady law, including the provision for making background checks of transferees?
Yes. As provided by Public Law 105-277, enacted on October 21, 1998, a licensed pawnbroker may also contact the National Instant Criminal Background Check System (NICS) for a background check on a person at the time the person offers to pawn a firearm. If NICS advises the pawnbroker that receipt or possession of the firearm by the person attempting to pawn the firearm would violate the law, the pawnbroker must advise local law enforcement within 48 hours after receipt of the information. A pawnbroker who contacts NICS about a person prior to accepting the person’s firearm in pawn must still comply with the requirements of the Brady law at the time of the firearm’s redemption, i. e., NICS must again be contacted for a background check on the person at the time of redemption.
Related Questions
- Are licensed pawnbrokers firearms sales or return of firearms redeemed from pawn subject to the Brady law, including the provision for making background checks of transferees?
- Must a licensed importer, manufacturer or dealer comply with the Brady law when selling firearms from his or her own personal collection?
- Is the transfer of a firearm by a licensed dealer to a licensed collector subject to the Brady law?
