User Panel
User Panel
User Panel
|
Posted: 3/18/2013 9:45:15 AM EDT
[#1]
Maybe you should thank Prince Andy for the whole gay marriage thing, he created a Safe Act background check loophole.
|
|
|
|
Posted: 3/18/2013 10:24:04 AM EDT
[#2]
First thing I thought as well. Wouldn't be the first list I am on, I am sure |
|
|
|
Posted: 3/18/2013 10:29:02 AM EDT
[#3]
Quoted: Quoted: Just got a letter from NYSP on the private sale issue today. Any of you other FFLs? Nothing yet http://www.governor.ny.gov/assets/documents/ffl_letter.pdf |
|
|
|
Posted: 3/18/2013 10:34:39 AM EDT
[#4]
Quoted:
Quoted:
Quoted:
Just got a letter from NYSP on the private sale issue today. Any of you other FFLs? Nothing yet http://www.governor.ny.gov/assets/documents/ffl_letter.pdf Thats the one. Thats also the legal counsel I argued with on the phone last month over stripped receivers |
|
|
|
Posted: 3/18/2013 10:54:04 AM EDT
[#5]
Quoted:
Thats the one. Thats also the legal counsel I argued with on the phone last month over stripped receivers Not to jack the thread, but what did they say about transferring stripped receivers? |
|
|
|
Posted: 3/18/2013 11:43:19 AM EDT
[#6]
Quoted:
Not to jack the thread, but what did they say about transferring stripped receivers? A big "no", despite my argument that a receiver has no evil features that would fall under the features test. An AR15 receiver is a gun, dontcha know, is their way of thinking. |
|
|
|
Posted: 3/18/2013 2:18:53 PM EDT
[#7]
Quoted:
Quoted:
Oh, I'm not so sure of that. I assume they knew the $10 maximum transfer fee would not be something the FFL's would go for. So, they went a long way to removing private transfers and sales. Maybe tinfoil on my part but it appears it might have been by design. It would be nice if FFL's helped private people out but based on posts in this thread by a FFL that doesn't appear to be happening. Nah, the SAFE Act authors were/are just morons. Along with the missing exemptions, conflicting statutes, conflicting/overlapping effective dates etc. some of the statutes as written amount to nothing more than non-legal gibberish. They simply ignored the fact that using the FBI NICS system for SAFE Act ammunition purchases or so called "private transfers" is prohibited under federal law. FFLs are subject to both federal administrative and criminal sanctions if they don't comply with federal law and the rules/regulations of the ATF/FBI for firearm transfers and accessing the NICS system. Facilitating private party sales does not violate federal law or regulation. ATF recently issued guidance on how to do it, anywhere in the nation, and is encouraging FFLs to do it. |
|
|
|
Posted: 3/18/2013 2:21:43 PM EDT
[#8]
Quoted:
Quoted:
To be honest, I think its a little simpler than what people are making it out to be.... Number one, dealers have to comply with the federal requirements. So, just like any other transfer, a gun will have to be logged in, a 4473 filled out by the buyer, and logged out. The only thing the SAFE act is adding in is the possibility that the state police will come up with an extra form that has to be filled out by the dealer. Until they come up with the form, its not an issue. It may come to pass that they will say that the 4473 meets their requirement. Once agin Federal law PROHIBITS the type of "off the books" private transfer by an FFL the SAFE Act. requires. When you drop the gun off in person or ship the gun to an FFL for transfer it's not a "PRIVATE" transfer and the requirements of the SAFE Act including this dopey non-existent PRIVATE transfer form no longer apply. The idiots in Albany who wrote the statute obviously didn't understand that an FFL can't just run a NICS check and participate in a private firearm transfer which would subject him/her to federal administrative and criminal sanctions. The intent of the SAFE Act statute was for an FFL to run the NICS check, fill out the dopey NYSP PRIVATE transfer form and charge the $10 fee which violates both Federal law and the rules/regulations of the ATF/FBI NICS system. The gun would go into the book when either (1) the dealer has sole possession of the firearm or within a specified time period after receiving the authorization. ATF also advises dealers to mark the forms indicating that they are private party transfers. All typical restrictions apply. |
|
|
|
Posted: 3/18/2013 3:01:01 PM EDT
[#9]
Quoted: Facilitating private party sales does not violate federal law or regulation. ATF recently issued guidance on how to do it, anywhere in the nation, and is encouraging FFLs to do it. Quoted: The gun would go into the book when either (1) the dealer has sole possession of the firearm or within a specified time period after receiving the authorization. ATF also advises dealers to mark the forms indicating that they are private party transfers. All typical restrictions apply. You're late to the party. I posted a link to the SPANKY NEW regulations yesterday which was not available when I made those posts. These new regulations are are contrary to what the ATF previously stated. The ATF was obviously told to start gearing up for the proposed federal law which will require a NICS check nationwide for private transfers. The NYSP were obviously in the loop with the ATF concerning the new procedures: http://www.governor.ny.gov/assets/documents/ffl_letter.pdf Quoted: Well lookee here. The ATF just released a spanky new set of regulations rescinding their prior position on facilitating private party transfers. http://atf.gov/regulations-rulings/procedures/031513-procedure-2013-1.pdf |
|
|
|
Posted: 3/20/2013 9:37:37 AM EDT
[#10]
Quoted:
Maybe you should thank Prince Andy for the whole gay marriage thing, he created a Safe Act background check loophole. Bwa-ha-ha-ha!!... That's the ticket. Rather than finding a FFL to do your transfer, buyer and seller find a JP, get married, transfer paper free to your "spouse", then get an annulment. I will personally chip in $100 to anyone who wants to do this with media coverage if I can be the "best man". I'll be sure to wear a tux from the Rescue Mission.
|
|
|
|
Posted: 3/20/2013 9:54:43 AM EDT
[#11]
|
|
|
|
Posted: 3/31/2013 7:45:19 PM EDT
[#12]
|
|
|
|
Posted: 4/1/2013 5:07:33 AM EDT
[#13]
http://atf.gov/regulations-rulings/procedures/031513-procedure-2013-1.pdf
Is there a new link to this can't find it getting a page not found. |
|
|
|
Posted: 4/1/2013 5:59:52 AM EDT
[#14]
Quoted:
Sounds like ammo for another legal action. Hopefully this! |
|
|
|
Posted: 4/1/2013 6:05:53 AM EDT
[#15]
Quoted: http://atf.gov/regulations-rulings/procedures/031513-procedure-2013-1.pdf Is there a new link to this can't find it getting a page not found. https://batfestg.prod.acquia-sites.com/sites/default/files/assets/pdf-files/atf_proc._2013-1_-_private_firearms_transfers_through_ffls.pdf |
|
|
|
Posted: 4/1/2013 6:17:06 AM EDT
[#16]
Quoted: Bwa-ha-ha-ha!!... That's the ticket. Rather than finding a FFL to do your transfer, buyer and seller find a JP, get married, transfer paper free to your "spouse", then get an annulment. You don't need to get married: Q: What family members are exempt from the private sale/transfer provision? A: Sales or transfers to and between spouses, domestic partners, children and step-children, are exempt from the private sale/transfer provision. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
