gun dealer exercised its lawful discretion and transferred the gun

[russ1943]

3. We're lacking some details but yes he should have been denied.

I edited my post to acknowledge that there were fuck ups. If accurate info was available to the FBI reviewer, yes his attempt to purchase would have been denied.

The larger picture is that this is a person the statutes prohibit from buying or possessing and yet he was able to pay his money and get his gun!

Firearm Retrieval Referrals
Because of the NICS Section's commitment to public safety and national security, the search for the needed disposition information continues beyond the three business days allowed by the Brady Act. In some instances, the information is subsequently obtained and a final status determined; however, if the final status (determined after the lapse of three business days) results in a deny decision and the NICS Section is advised by the FFL that the firearm was transferred, then the ATF is notified a prohibited person is in possession of a firearm. In 2011, the NICS Section referred 3,166 firearm retrieval actions to the ATF.

Was there ever a denial & a "Firearm Retrieval Referral" issued? I don't know.