Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 9/20/2009 4:58:44 PM EDT
According to a New Jersey FFL that had a table at the Syracuse show, he could NOT deliver to any person or other dealer at that show because he was operating outside the State he was licensed in: It would have to be shipped from NJ to the dealer in the reciepients home state.
He had a copy of FAQ's from BATFE that was a little old, but fully supported that premise.
I read through 478.92~99 of CFR 27 and did not find that he was right or wrong.
Several other dealers concurred with the NJ dealer, while as many said that it wasn't so, and to add more confusion if it was a C&R licensees are exempt on C&R weapons.  
What say you and can you cite it?
Link Posted: 9/21/2009 3:15:02 AM EDT
[#1]



Quoted:


According to a New Jersey FFL that had a table at the Syracuse show, he could NOT deliver to any person or other dealer at that show because he was operating outside the State he was licensed in: It would have to be shipped from NJ to the dealer in the reciepients home state.

He had a copy of FAQ's from BATFE that was a little old, but fully supported that premise.

I read through 478.92~99 of CFR 27 and did not find that he was right or wrong.

Several other dealers concurred with the NJ dealer, while as many said that it wasn't so, and to add more confusion if it was a C&R licensees are exempt on C&R weapons.  

What say you and can you cite it?


What the heck then was he doing at the Syracuse show?  Seems kind of odd to go through all the trouble and not be able to sell anything.



 
Link Posted: 9/21/2009 4:55:25 AM EDT
[#2]
I guess he was there to give out his name and number and do business when he returned to NJ.
Link Posted: 9/21/2009 5:12:12 AM EDT
[#3]
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/27cfr_part478.pdf





§ 478.50 Locations covered by license.


The license covers the class of business


or the activity specified in the license


at the address specified therein. A separate


license must be obtained for each


location at which a firearms or ammunition


business or activity requiring a license


under this part is conducted except:


(a) No license is required to cover a


separate warehouse used by the licensee


solely for storage of firearms or ammunition


if the records required by this part are


maintained at the licensed premises


served by such warehouse;


(b) A licensed collector may acquire


curios and relics at any location, and dispose


of curios or relics to any licensee or


to other persons who are residents of the


State where the collector's license is held


and the disposition is made;


(c) A licensee may conduct business at


a gun show pursuant to the provisions of


§ 478.100; or


(d) A licensed importer, manufacturer,


or dealer may engage in the business of


dealing in curio or relic firearms with another


licensee at any location pursuant to


the provisions of § 478.100
§ 478.100 Conduct of business away


from licensed premises.


(a) (1) A licensee may conduct business


temporarily at a gun show or event


as defined in paragraph (b) if the gun


show or event is located in the same State


specified on the license: Provided, that


such business shall not be conducted from


any motorized or towed vehicle. The


premises of the gun show or event at


which the licensee conducts business


shall be considered part of the licensed


premises. Accordingly, no separate fee or


license is required for the gun show or


event locations. However, licensees shall


comply with the provisions of § 478.91


relating to posting of licenses (or a copy


thereof) while conducting business at the


gun show or event.


(2) A licensed importer, manufacturer,


or dealer may engage in the


business of dealing in curio or relic


firearms with another licensee at any location.


(b) A gun show or an event is a function


sponsored by any national, State, or


local organization, devoted to the collection,


competitive use, or other sporting use


of firearms, or an organization or association


that sponsors functions devoted to the


collection, competitive use, or other sporting


use of firearms in the community.


(c) Licensees conducting business at


locations other than the premises specified


on their license under the provisions


of paragraph (a) of this section shall maintain


firearms records in the form and manner


prescribed by subpart H of this part. In


addition, records of firearms transactions


conducted at such locations shall include


the location of the sale or other disposition,


be entered in the acquisition and


disposition records of the licensee, and


retained on the premises specified on the


license.





http://www.atf.gov/pub/fire-explo_pub/2005/p53004/p53004.pdf



Read the entire ruling!



Page #122 <snip>



27 CFR 178.41: General

(Also 178.42, 178.50)

Firearms or ammunition may not

be sold at gun shows by a licensed

dealer, but orders may be taken

under specified conditions; Revenue

Ruling 66-265 superseded.



.................................



Editor's Note:

In 1986, the GCA was amended to

allow licensees to sell firearms at gunshows

in the State in which their licensed

premises are located, and was

further amended in 1997 to allow licensees

to sell curio or relic firearms to

other licensees at any location. Moreover,

the interstate controls no longer

apply to ammunition sales. However,

the ruling is still applicable to licensees’

off-premises sales not addressed by

these amendments.




 
Link Posted: 9/21/2009 5:18:44 AM EDT
[#4]
Quoted:

What the heck then was he doing at the Syracuse show?  Seems kind of odd to go through all the trouble and not be able to sell anything.
 


There are several dealers that attend: They mostly deal in rare, expensive, and exotic firearms.
Ever notice the old farts in the first few isles wearing suits & ties, the ones that have little interest in what you're carrying or even talking to you? That's some of them.  Not bad folks, just a completely different interest and mind set than most of us.

Link Posted: 9/21/2009 5:26:47 AM EDT
[#5]
Quoted:
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/27cfr_part478.pdf

§ 478.50 Locations covered by license.
The license covers the class of business
or the activity specified in the license
at the address specified therein. A separate
license must be obtained for each
location at which a firearms or ammunition
business or activity requiring a license
under this part is conducted except:
(a) No license is required to cover a
separate warehouse used by the licensee
solely for storage of firearms or ammunition
if the records required by this part are
maintained at the licensed premises
served by such warehouse;
(b) A licensed collector may acquire
curios and relics at any location, and dispose
of curios or relics to any licensee or
to other persons who are residents of the
State where the collector's license is held
and the disposition is made;
(c) A licensee may conduct business at
a gun show pursuant to the provisions of
§ 478.100; or
(d) A licensed importer, manufacturer,
or dealer may engage in the business of
dealing in curio or relic firearms with another
licensee at any location pursuant to
the provisions of § 478.100


§ 478.100 Conduct of business away
from licensed premises.
(a) (1) A licensee may conduct business
temporarily at a gun show or event
as defined in paragraph (b) if the gun
show or event is located in the same State
specified on the license: Provided, that
such business shall not be conducted from
any motorized or towed vehicle. The
premises of the gun show or event at
which the licensee conducts business
shall be considered part of the licensed
premises. Accordingly, no separate fee or
license is required for the gun show or
event locations. However, licensees shall
comply with the provisions of § 478.91
relating to posting of licenses (or a copy
thereof) while conducting business at the
gun show or event.
(2) A licensed importer, manufacturer,
or dealer may engage in the
business of dealing in curio or relic
firearms with another licensee at any location.
(b) A gun show or an event is a function
sponsored by any national, State, or
local organization, devoted to the collection,
competitive use, or other sporting use
of firearms, or an organization or association
that sponsors functions devoted to the
collection, competitive use, or other sporting
use of firearms in the community.
(c) Licensees conducting business at
locations other than the premises specified
on their license under the provisions
of paragraph (a) of this section shall maintain
firearms records in the form and manner
prescribed by sub part H of this part. In
addition, records of firearms transactions
conducted at such locations shall include
the location of the sale or other disposition,
be entered in the acquisition and
disposition records of the licensee, and
retained on the premises specified on the
license.


If I'm reading these codes correctly then is IS permissible for a Licensed Dealer from one State to attend a sanctioned event in another State, and for said Dealer to transfer to another Dealer or in the case of a Curio or Relic, transfer that firearm to the C&R Licensee.
Link Posted: 9/21/2009 5:30:57 AM EDT
[#6]



Quoted:




If I'm reading these codes correctly then is IS permissible for a Licensed Dealer from one State to attend a sanctioned event in another State, and for said Dealer to transfer to another Dealer or in the case of a Curio or Relic, transfer that firearm to the C&R Licensee.


See Page #122



http://www.atf.gov/pub/fire-explo_pub/2005/p53004/p53004.pdf



 
Close Join Our Mail List to Stay Up To Date! 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.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top