Posted: 8/23/2001 12:10:12 PM EDT
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Ok guys, what the heck is the law (Alabama or elsewhere, I don't care)on transfering long guns. Fellow gunny (hey Hatebreed) has traded me his FAL. He and I are in diferent states. The FAL is at the dealer right now but he won't transfer it without a copy of the seller's FFL. This is a first for me. He said that it didn't matter whether it is a pistol or long gun, he has to document having a transfer from another dealer. He never did this to me before. Is this a conspiracy between FFL holders to squeeze a bit more dough from us?? I don't like it one bit and I know Hatebreed doesn't either. So what is the real "scoop" on this?? Lawdog |
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Beer Slayer, Yep... that was me. This is a different dealer, though. The first one (Larry's in Mobile)renigged on our "hand shake" deal and tried to extract more out of me... I don't do business with him anymore. This dealer is out in Theodore (Southern Gun). I've done A LOT of business out there with the dad (Bob) and his son Danny. This "situation" about needing a FFL from the seller is a new one for sure. I've done numerous deals through them before and this is the first time they have taken this position. I don't want to make them mad at me because of our excellent good-will in the past and there are so few dealers down here in Mobile. I guess Danny just doesn't understand the law or maybe he knows something we don't. Anyway, can't get my FAL until I get a FFL. (Hey! That kinda' rhymes) Lawdog |
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damn, That's one more reason i'm glad i dn't live in mobile anymore. I used to run EMS down there. I left in 87 to go into the army. I never missed it. email me if you don't get any help down there. Maybe i can help you out. Course it would cost you a road trip. mike |
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Thanks Mike (Beer Sayer) for the kind assistance :) I'll just have to be patient and wait, I guess. Incidentally, I'm only here in Mobile until my 23 year old "kid" decides what the heck he wants to do and where to live after he finishes college in about 6 months. Mobile's weather sucks... the people suck... it's too humid... to many people... to many people with "chips on their shoulders" about being discriminated against (you know what I mean). Mobile is just a transitional location for me. Maybe I'll move down (over) to FLA. and get to know Landon a little better. Lawdog |
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i know what you mean about the people down there. There are 2 types you have to deal with. The poor who think they are owed everything. And the good ole' boy society. If you weren't born in mobile and grew up playing high school football there you were a heretic and an outcast. If you ever come north look me up. mike |
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Quoted: I guess Danny just doesn't understand the law or maybe he knows something we don't. Anyway, can't get my FAL until I get a FFL. (Hey! That kinda' rhymes) Lawdog Maybe he hopes you don't know the law and he can use this as an 'excuse' to 'confiscate' it and resell it. I know it sounds far fetched, but what are the choices. If the seller doesn't have an FFL, he CAN'T send it back to him, especially in another state, and he won't release it to you because neither the seller nor you have an FFL. Catch 22. According to his reasoning, the only legal thing for him to do is keep the rifle. |
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Man Larry !!! Don't say that!!!! You'll Jinx me!!!! I have to trust that the dealer is honest since I have not experienced anything else from them. I'll just wait for the seller to get me a dealer up there (Missouri) to send a FFL. In the mean time, man, don't even think such things!!!! Lawdog |
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LarryG, I don't think that will happen. If for some off the wall reason that dude thinks he can hold my property hostage(mine until lawdog gets it) I'll simply report the weapon stolen and inform the ATF where it can be found. 10 years in club fed will give him a fine lesson in ethics if indeed he is trying to get over on Lawdog. |
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If the rifle didn't go through a dealer's books on the sender's end, why would a dealer give him an FFL to send to your dealer? If they did that, it would go into your FFL's books as having come from a dealer that never had it. I don't think many dealers would be willing to do that. Your dealer can legally ship it back to the guy who sent it to him- no different than you shipping a gun to an FFL for repairs and him sending it right back to you. I've seen lots of dealers doing this- requiring all guns to be shipped FROM an FFL, even though it's not required by law. I think it's mainly a CYA thing. |
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One thing you can try is threatening him with filing a lawsuit, or better yet if you have a friend who is an attorney and will do a little pro bono work for you just have the attorney send the dealer a little note telling him about the little lawsuit you will file if you don’t get your FAL. Maybe the simplest thing would be to have a little chat with his father since you stated you have done business with both him and his son in the past and this is the first time you have had this kind of trouble. And if you don’t get a satisfactory answer, tell him you would like to solve this problem with going to court or you taking any other action. If that doesn’t work then maybe get a lawyer and try to work it out without going to court and make sure he pays for the lawyer. You can also complain to the BATF, I can’t believe I just typed that, but it might work. Dealers do not like any BATF entanglements, and that is for sure. But just don’t let them get away with pulling this sh*t on you. |
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Print this out and show it to him. [url]http://www.atf.treas.gov/pub/fire-explo_pub/qanda.htm[/url] (B3) May an unlicensed person obtain a firearm from an out-of-State source if he arranges to obtain the firearm through a licensed dealer in his own State? A person not licensed under the GCA and not prohibited from acquiring firearms may order a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a [blue]licensed dealer in the purchaser's State of residence[/blue] for the purchaser to obtain the firearm from the dealer. [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29] (B8) May a nonlicensee ship a firearm through the mails? [blue]A nonlicensee may mail a shotgun or rifle to a resident of his own State or to a licensee in any State.[/blue] Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer a handgun to a non licensed resident of another State. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. A carrier must be notified that the shipment contains a firearm. In addition, Federal law prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U.S.C. 922(a)(2)(A) and 922(e), 27 CFR 178.31] |
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Special thanks to Big Bear !!! I printed the ATF FAQ's and went to the dealer. I showed him in B&W that he didn't need no stinking FFL from the sender. He was quite embarrased and made some excuses but he transferred the FAL... finally. Also thanks to Hatebreed for making my dream :) come true!!! Lawdog |