Quote History Quoted:
Are you required to sell them to a LE agency or can they be sold to an LE individual with badge and ID? Or do you need a letter signed by the Chief saying that it's an individual/private purchase for use in a LE capacity but will be the property of the LE individual since they are paying for it?
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There are a couple different exceptions. Both allow for individual ownership.
One is for imported guns exempt from 922(r), such as the Benelli. Those are the "check this box" type at the LE dealer, or "We checked and he had LE/mil ID." That's supposed to insure the importer wasn't retroactively lying when they imported the guns
for the United States or any department or agency thereof, etc. No letter is needed, and the guns may be purchased by individual officers or service members.
Another exception is for
any gun purchased by an individual officer. If they have a letter signed by their supervisor or CLEO stating the firearm is for official use (
IOP letter), they may buy from a dealer in any state, without even having to do a 4473. They don't need to be present either; the gun can be shipped. Obviously this would also cover the first scenario, for an imported non-sporting firearm, as well.
This exception has been in place ever since the FFL licensing scheme was first initiated with the Gun Control Act of 1968, and it's even on
ATF's Firearms FAQ, however many dealers either don't know about it or don't want to do it. Most LEO's aren't aware of it either.
The exceptions are termed "relief from disabilities" and are specified by:
18 USC 925(a)(1);
27 CFR 478.134 and
478.141
See also:
ATF Guidebook - Importation & Verification of Firearms, Ammunition, and Implements of War, General Overview
https://www.atf.gov/file/61786/download
ATF's FFL Newsletter, dated September 2013, "Sales to Law Enforcement" (pages 7-8)
https://www.atf.gov/file/4256/download