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Posted: 5/24/2022 5:08:29 PM EDT
I am a lawyer.  I am advising a client that is a non-profit corporation.  They need to buy some shotguns.  The corporation is going to pay for the guns and they will be property of the corporation.  They will be stored at the corporate premises.

Obviously a natural person has to show up at the FFL, fill out a 4473, pay for the firearms, and walk out with them.  How is that person supposed to answer question 21.a. on the 4473 "Are you the actual buyer..."

Is there any legal authority on point?  Maybe something in the CFR?

Thanks in advance.
Link Posted: 5/24/2022 5:23:43 PM EDT
[#1]
Quoted:
I am a lawyer.  I am advising a client that is a non-profit corporation.  They need to buy some shotguns.  The corporation is going to pay for the guns and they will be property of the corporation.  They will be stored at the corporate premises.

Obviously a natural person has to show up at the FFL, fill out a 4473, pay for the firearms, and walk out with them.  How is that person supposed to answer question 21.a. on the 4473 "Are you the actual buyer..."

Is there any legal authority on point?  Maybe something in the CFR?

Thanks in advance.
View Quote

It's in the instructions to Section B on page 4 of the Form 4473.
The person designated by the corporation completes and signs the 4473 and answers the prohibited person questions.
Link Posted: 5/24/2022 5:39:32 PM EDT
[#2]
Thanks.  I am quoting it here for the benefit of others:

When the transferee/buyer of a firearm is a corporation, company, association, partnership, or other such business entity, an officer authorized to act on behalf of the business must complete Section B of the form with his/her personal information, sign Section B, and attach a written statement, executed under penalties of perjury, stating:  (A) the firearm is being acquired for the use of and will be the property of that business entity; and (B) the name and address of that business entity.
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I'd love to see a sample written statement, but it sounds pretty straightforward.  I note that it still doesn't tell you whether to answer Yes or No to 21.a.  The truthful answer would be No, wouldn't it?
Link Posted: 5/24/2022 6:31:17 PM EDT
[#3]
I am not a lawyer, nor do I play one on TV.  But I did actually sleep in a Holiday Inn last night.   And I do work with a non profit that has a lot of guns....nationwide.  Some have become FFL's because of state laws on the left coast.  

Person is representing the corp.   Usually the CEO/President or another corp. officer needs to complete so they are buying for themselves.
  Can answer yes.   But hey, the dealer doing the transfer should know that.   In my experience BATFE calls dealer and corporate rep because of the volume of firearms transferred at one time.

Link Posted: 5/24/2022 6:43:10 PM EDT
[#4]
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Quoted:
I'd love to see a sample written statement, but it sounds pretty straightforward.  
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'd love to see a sample written statement, but it sounds pretty straightforward.  

I use:
I certify that this firearm(s) is being acquired for the use of and will be the property of the entity listed below. I am authorized to act on behalf of the entity listed below.
Name of Entity:_________
Address of Entity:_____________
Printed Name:_________
Signature:___________




I note that it still doesn't tell you whether to answer Yes or No to 21.a.  The truthful answer would be No, wouldn't it?

If you answer NO to 21b..........you ain't getting any guns.

The person authorized by the corporation completes all the questions in section B then signs and dates the form. The dealer will then run the background check.
It's exactly the same process and "written statement" for customers who are buying a silencer and applied for their Form 4 using a trust.
Link Posted: 5/24/2022 7:00:10 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
  In my experience BATFE calls dealer and corporate rep because of the volume of firearms transferred at one time.

View Quote

ATF is never told how many shotguns are being transferred.
Only the multiple sale of handguns and certain rifles (in TX, NM, AZ, CA)

You could buy two handguns today, ATF will know about that tonight.
If you bought 87 AR lowers, a hundred shotguns and fifty Glock frames........they dont get notified.
Link Posted: 5/24/2022 8:14:27 PM EDT
[#6]
Thanks to all.
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