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Posted: 12/26/2005 10:43:14 PM EDT
I know of a firearms dealer who often sells firearms to his "buddies" without paperwork. He claims that the 4473 form doesn't need to be filled out because the firearms that he is selling are his own personal collection...

Is this legal?
Link Posted: 12/26/2005 10:49:29 PM EDT

Originally Posted By DrJester:
I know of a firearms dealer who often sells firearms to his "buddies" without paperwork. He claims that the 4473 form doesn't need to be filled out because the firearms that he is selling are his own personal collection...

Is this legal?



Sounds like as long as they're from his personal collection, he's doing things right.
Link Posted: 12/28/2005 5:00:43 AM EDT

Originally Posted By DrJester:
I know of a firearms dealer who often sells firearms to his "buddies" without paperwork. He claims that the 4473 form doesn't need to be filled out because the firearms that he is selling are his own personal collection...

Is this legal?



It is if the firearms were transferred to his personal collection more than a year ago. There are still recordkeeping requirements.

Here is a FAQ from the BATF web site covering the situation:

May a licensee who has firearms in his or her private collection sell any of these firearms without making firearms record entries?

No. A licensee may sell a firearm from his or her personal collection, subject only to the restrictions on firearm sales by unlicensed persons, provided the firearm has been entered in the licensee's bound book and transferred to the licensee's private collection at least 1 year prior to the sale. On selling the personal firearm after 1 year, the sale must be recorded in a "bound book" for disposition of personal firearms, but no ATF Form 4473 is required. [27 CFR 478.125a]

Link Posted: 1/2/2006 10:21:10 AM EDT

Originally Posted By npd233:

Originally Posted By DrJester:
I know of a firearms dealer who often sells firearms to his "buddies" without paperwork. He claims that the 4473 form doesn't need to be filled out because the firearms that he is selling are his own personal collection...

Is this legal?


Sounds like as long as they're from his personal collection, he's doing things right.


Also (EOD_Guy's excellent comments below notwithstanding), I imagine it would also have a lot to do with the frequency/percentage of these sales from his personal collection. IOW, would they declare these dealings to be business-like (i.e. does it look like he's engaging in the "business" of selling firearms from his "personal collection").
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