A “Straw-Man” purchase is made when the actual buyer of the gun is unable or unwilling to pass the required Federal background check and uses a substitute buyer (who can pass the required background check) to purchase the firearm for them. This is illegal and is a crime punishable by a $250,000 fine and 10 years in prison. JBV Customs will not sell any firearm in this manner.
If you are purchasing a firearm from us and wish to ship it to an FFL in another state, PLEASE speak to your local FFL before purchasing. Ask them about any local or state laws that you may need to deal with and ensure you are eligible to own/purchase the firearm. A few minutes on the phone now could save hours of headache and frustration later.
BATFE Identification Requirements for Purchasing a Firearm
“The identification document presented by the purchaser must have a photograph of the purchaser, as well as the purchaser’s name, address, and date of birth. The identification document must also have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a driver’s license.”
[18 U.S.C. 922(t), 27 CFR 478.124]
The Brady Act incorporates the definition of an "identification document" provided by 18 U.S.C. 1028(d)(2), which is set forth in relevant part as follows:
A document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
It is the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) position that a combination of documents may be used to satisfy the Brady Act's requirement for an identification document.
Texas LTC Holders
BATFE recognizes the Texas License To Carry as an alternative to a NICS check in the state of Texas. Any purchaser who displays a Texas License To Carry in the state of Texas is not required to undergo a NICS check prior to purchasing a firearm, assuming the transaction complies with State law. The buyer will still need to complete the appropriate paperwork before leaving with the firearm.
Background Check
Every purchaser, unless noted above, will undergo a background check prior to transfer of the purchased firearm. If you pick up your firearm from JBV Customz, we will perform your background check. If you have your purchase transferred to an FFL in your area, the FFL in your area will perform your background check.
Delayed and Open Background Checks
Any background check that results in a Delayed status will result in the transfer being postponed until the status has a final determination. We will not proceed with a transfer on the Brady Transfer Date (which is an option for an FFL) until there is an NICS determination.
Any background check that results in a Open status will result in the transfer being postponed until the status has a final determination. We will not proceed with a transfer on the Brady Transfer Date (which is an option for an FFL) until there is an NICS determination. In addition, a background check fee will be collected for the transfer attempt. The receipt of a Proceed final determination will result in the transfer of the item to the transferee. Any declined background check on a transfer will result in the need for the transferee to contact the seller and arrange for return shipping. In addition, a background check fee will be collected for processing the return to the seller.
Failed Background Checks
Any failed background check on an item purchased from us for transfer to another FFL will result in a 20% restocking fee plus any applicable shipping fees we incur to procure the item.
Any failed background check on an item NOT purchased from us will incur our transfer fee and will require the transferee to arrange a return of the firearm to the seller. The seller must contact us to arrange a return and provide a return label (and packaging if needed).