BATFE Form 3310.4

S

svaz

New member
Background: I recently bought a couple of handguns from different dealers on Gunbroker about a week (7 days) apart. Because of a shipping error they will probably arrive at my FFL within the same week. Even if not, I'll be on vacation until they both arrive (assuming no more shipping errors) anyway. If I pick up the guns at the same time (or within 5 days) the FFL will have to file a 3310.4 which goes directly to the National Tracing Center and some local agency instead of just staying with the FFL like the 4473 does. I'm not worried about NTC or the locals - my day job requires a security clearance - but I prefer to have my name (and SSN, because I have a common name) floated around as little as possible.

Ques: Would I be out of line telling the FFL I'll pick one up one day and the next one up a week (7 days) later with the intent to stay within the letter of the law but not force my FFL file the 3310.4?

ref: http://en.wikipedia.org/wiki/Form_3310.4
 
That might defeat the spirit of the law but not the letter of the law. It's legal. You'll just have to pay for 2 background checks.
 
Question: Is your FFL willing to risk conspiracy charges in order to assist you in avoiding doing the required federal paperwork for multiple firearm transfers?
 
The form 3310-4 states "HANDGUNS AQUIRED IN THE LAST FIVE BUSINESS DAYS"


Webster's :

Main Entry: ac·quire
Pronunciation: \ə-ˈkwī(-ə)r\
Function: transitive verb
Inflected Form(s): ac·quired; ac·quir·ing
Etymology: Middle English aqueren, from Anglo-French acquerre, from Latin acquirere, from ad- + quaerere to seek, obtain
Date: 15th century
1: to get as one's own: a: to come into possession or control of often by unspecified means


Until you walk out the door with it you haven't "aquired" it.
 
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Question: Is your FFL willing to risk conspiracy charges in order to assist you in avoiding doing the required federal paperwork for multiple firearm transfers?
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Since doing what he is wanting to be doing is not illegal, the dealer cannot be conspiring to not break the law.

The law says that the form must be filled out if multiple handguns are transferred from the dealer to the same person within 5 days. If the transfers were more than 5 days apart, then the law is not being violated.


From the BATFE

Example 3. A licensee maintaining business
hours on Monday through Saturday
sells a revolver to an unlicensed person
on Monday and sells another revolver to
the same person on the following Saturday.
This does not constitute a multiple
sale and need not be reported since the
sales did not occur during five consecutive
business days.

Since the sale is not complete until the firearms is delivered, then as long as the guns are transferred more than 5 business days apart, you are legal.
 
Oh, I agree that it is probably legal. However, the FFL and the buyer ARE conspiring to avoid filling out the federal paperwork.

Note that unlike the example, in this case, the FFL and buyer are delaying the transfer of a firearm the buyer has already purchased for the express purpose of avoiding the paperwork. The buyer is not purchasing one gun, waiting a week and then buying another gun from the FFL.
 
Actually, I'm not buying any guns from that particular FFL. Recall that I've already bought them from two different people at least a week apart; now I just need to take delivery. I'm not interested in doing anything illegal, merely not doing anything I absolutely don't have to - big difference.
 
Did you know that they keep a computerized database with every Multiple ever filed, including names and serial numbers?

WildiknowAlaska ™
 
I'm not interested in doing anything illegal, merely not doing anything I absolutely don't have to - big difference.
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So far, we don't think it is illegal. Remember however, we are not lawyers.

You are just doing something no one has ever considered. Instead of "buying" two handguns in 5 days, you are merely transferring two handguns in 5 days.

But, they are your guns and you can take possession whenever you want.
 
Did you know that they keep a computerized database with every Multiple ever filed, including names and serial numbers?
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I just recalled every transaction on my Visa for the last 6 years on my bank's website - I don't know that the Feds keep every multple ever filed, but I know that they can, and with mass storage getting cheaper and databases & computing devices getting more efficient I can't see why they wouldn't (where not prohibited by law.)
 
Note that unlike the example, in this case, the FFL and buyer are delaying the transfer of a firearm the buyer has already purchased for the express purpose of avoiding the paperwork.
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Under the law, the sale does not happen until the firearm changes hands. If the exchange of money constituted a sale, the NICS background check would have to be performed before the money changes hands.
 
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