Posted: 9/25/2010 4:52:09 PM EDT
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Y'all- I'm a longtime infrequent lurker on the HTF. Lately I've been thinking about adding a long gun or two to the collection. I was curious about the situation, paperwork-wise, if I purchased a long gun from a dealer that's in-state but far enough away that making the drive isn't worth it.
I looked on the various boards via Google, and I looked up the ATF reg.s: § 478.96 Out-of-State and mail order sales. (b) A licensed importer, licensed manufacturer, or licensed dealer may sell a firearm that is not subject to the provisions of §478.102(a) to a nonlicensee who does not appear in person at the licensee's business premises if the nonlicensee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee furnishes to the licensee the firearms transaction record, Form 4473, required by §478.124. The nonlicensee shall attach to such record a true copy of any permit or other information required pursuant to any statute of the State and published ordinance applicable to the locality in which he resides. The licensee shall prior to shipment or delivery of the firearm, forward by registered or certified mail (return receipt requested) a copy of the record, Form 4473, to the chief law enforcement officer named on such record, and delay shipment or delivery of the firearm for a period of at least 7 days following receipt by the licensee of the return receipt evidencing delivery of the copy of the record to such chief law enforcement officer, or the return of the copy of the record to him due to the refusal of such chief law enforcement officer to accept same in accordance with U.S. Postal Service regulations. The original Form 4473, and evidence of receipt or rejection of delivery of the copy of the Form 4473 sent to the chief law enforcement officer shall be retained by the licensee as a part of the records required of him to be kept under the provisions of subpart H of this part. 478.102 is the NICS check section, which went into effect in '98. I've asked a couple of dealers the question, "could I do the paperwork remotely for a purchase in Georgia and you ship a long gun directly to me?" Both said they'd only ship to another FFL in state and you'd do the paperwork there. So, what's the deal? Is it... - that the reference to the NICS check (478.102) makes 478.96 obsolete after '98? - that after the NYC suits the dealers are too risk averse to do what the law allows? - that something in the state law prevents this? - that the dealers just don't know what the law allows? It's one of those things where dealing directly with the original seller would be a lot less hassle, and I'd obviously be happy to give them the copies of my DL and CCW with the 4473 forms, even notarized b/c I have ready access to a notary. I figured y'all are generally the best informed on the local side of this stuff, so I'm curious to hear what you think. Thanks. |
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To be brutally honest with you dude I think that most dealers wouldn't want to do it because it's a pain in the ass.
ATF is usually up our ass with a microscope trying to catch us on every little itty bitty detail. A lot of dealers out there wouldn't want to take the chance. It's not that they necessarily don't know the law it's the ATF REALLY doesn't know the law and it's not worth the hassle of arguing with them. A lot of what you posted WAS interesting, I had always heard that dealers could not give out 4473's unless they were voided. I know know this isn't true as anyone can get this government form. Your best bet is to make nice with a local dealer who charges a reasonable transfer fee. |
| I have no doubt that ATF makes it tough to do the biz. I transferred in a gun from out of state recently and they had me sign extra stuff attesting that I wasn't straw purchasing. I'm pretty much a no-volume purchaser whose spare time is mostly spent munchkin chasing, etc, so it's hard to make friends with a dealer. |
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I'm in ATL. Work up in the 400/285 area. Nearest shops, I think, are ACM, Gun Store on Buford, and Chuck's. Haven't been to the new place on Roswell Rd. Dude, you ain't hurtin' for shops then. I thought you were in some third world hellhole, like down in Dublin........ 
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I'm in ATL. Work up in the 400/285 area. Nearest shops, I think, are ACM, Gun Store on Buford, and Chuck's. Haven't been to the new place on Roswell Rd. Dude, you ain't hurtin' for shops then. I thought you were in some third world hellhole, like down in Dublin........ That's kinda what I was thinking...five posts in eight years. 
I was like, did this guy just fire his generator up? Thull, take a ride up to 400 J&L in Dawsonville, they'll hook you up. Hwy 400 and Hwy 53. |
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I'm in ATL. Work up in the 400/285 area. Nearest shops, I think, are ACM, Gun Store on Buford, and Chuck's. Haven't been to the new place on Roswell Rd. Dude, you ain't hurtin' for shops then. I thought you were in some third world hellhole, like down in Dublin........ That's kinda what I was thinking...five posts in eight years.
I was like, did this guy just fire his generator up? Thull, take a ride up to 400 J&L in Dawsonville, they'll hook you up. Hwy 400 and Hwy 53. Those dudes are dicks........
But seriously, listen to the Indian, he speak truth. |
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Thanks guys. I've been working hard, rebuilding a house, and raising a family in the meantime. That plus too many hobbies means no time here. And no time to run much of anywhere to look around at lunchtime or on the weekend.
I kinda quit shooting when ammo went through the roof. But the bug has resurfaced. Cheers! p.s. hey, if I wanted to I could contribute 1,000 words on the 'where to go for BBQ in Atlanta' thread. |