Posted: 2/22/2010 12:05:42 PM EDT
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The regs pretty much deal with items you receive as an FFL from a wholesaler and check into the books. If you "check out" an ordered item to yourself you can't sell it
"privately" for one year after "disposing" of the item to yourself. A dealer would be wise to just ALWAYS do a Form 4473 and just check the "private" item back into your books and dispose it to the person on the form 4473. |
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A sole proprietor FFL can remove firearms from his inventory for his own personal collection noting as required in the A&D record. While they could 'technically' dispose of them later in a personal transaction, BATF strongly advises FFL's to log the firearm back into their A&D record and dispose of it via the normal FFL process. Likewise, if you had a collection of personal firearms before becoming an FFL, you could 'technically' dispose of those firearms in a private sale but it is strongly advised that you log those firearms into your A&D record and dispose of them via the normal FFL process. Any personally owned firearms at a licensed location are required to be tagged as such. ETA. As noted, it's not advisable for an FFL to do any private sales ever according to my compliance officer. |
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Cliff's Notes: If you dispose of a weapon to yourself (no 4473 required for a dealer), you just mark it out to yourself. If after one year you decide to sell it you must record the name. place of residence and date of birth of the person you sold it to in your "personal firearms A&D" book.
From FFL Regs: Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee's personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee's business inventory, except that any licensed manufacturer, importer, or dealer who has maintained a firearm as part of a personal collection for one year and who sells or otherwise disposes of such firearm shall record the description of the firearm in a bound volume, containing the name and place of residence and date of birth of the transferee if the transferee is an individual, or the identity and principal and local places of business of the transferee if the transferee is a corporation or other business entity: Provided, That no other recordkeeping shall be required. |
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Quoted: what about an employee of an FFL? Are they bound by the same regs? An employee and "Responsible Person (someone listed secondly on the FFL)" of an FFL is treated just like a customer, they have to complete a form 4473 and NICS check. While not held to the same standard as an FFL, if BATF determines that an employee is taking advantage of their employment to acquire firearms and dispose of them off the books, then there is a good chance they would be charged with dealing in firearms without a license. No different than if you went around as a private citizen buying up guns from people and reselling them. You'd be dealing without a license and BATF has busted people for doing just that, primarily at flea markets. If it were one gun, nothing would be said unless it showed up in a crime. Still better as an employee to CYA and run it thru the books, if you sold a firearm to someone who subsiquently sold it to a thug, the ATF trace would come back to the dealer then ultimately to you an employee of the dealer and it wouldn't look pretty on the evening news. |
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I book stuff out to me all the time. If a happen to sell the gun later, I just book the gun back in from me and 4473 it out. Pretty much need a 4473 to account for every gun in your book. If it's logged out to personal collection - you better be able to get your hands on it.
Just my thoughts....... |