If many of the FFL's in this country do not understand the regulations and do not network to battle the growing anti-gun discourse in this country, we are really doomed as gun owners! Let me explain.
BACKGROUND: For some period of time now I have been purchasing firearms via the internet from private parties mostly using auction sites (eBay - before they stopped firearms auctions; Auction Arms; Gunbroker; and the many that are in use today). In all cases, I have followed the current regulations and have made my transfers through a local FFL who researched and understands the shipping and transfer of weapons within and across state lines. This is a more of a nuisance to me than anything, but being the good law abiding citizen that I am, the rules are resonably straight forward and simple; 1) the non-licensed seller must transfer (ship) the rifle to a FFL in your state (after receiving a signed copy of the FFL's license indicating the shipping address). The FFL must process all paperwork, take possession when the rifle is received, ensures the waiting periods are upheld, then he gives you possession. The signed copy of the FFL is really in the sellers best interest as he has proof of who he handed the rifle over to.
Furthermore, the BATF (on their website) define these specific transfer/shipping regulations to the citizen as "frequently asked questions. The following two specifics are defined on the BATF http://www.atf.treas.gov/core/firearms/information/faq/faqb.htm website:
(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 Gun Control Act (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 licensed dealer in the purchaser's State of residence 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]
AND
(B8) May a nonlicensee ship a firearm through the mails?
A nonlicensee may mail a shotgun or rifle to a resident of his own State or to a licensee
in any State. 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]
THE STORY: Recently, the FFL that I have used exclusively was stalled in his renewal of his FFL (they lost the paperwork) and will not be reinstated for about three weeks. I purchased a rifle from a private party out of state and my FFL indicated that I should contact another local FFL to make the transfer (I didn't want to wait the three weeks for his renewal). I have paraphrased the following after inquiring about having the rifle transferred as I normally have done in the past:
Answer from FFL #1 - Sir, I can not accept a weapon from unlicensed party unless it goes through an FFL on his end. The FFL must ship the rifle to me. Have your seller take it to an FFL on his end then I will exchange a copy of my license with him so that the transfer is legal! Of course I indicated to this guy that I thought he was mistaken, that the seller didn't need to take the rifle to an FFL on his end, but he was adamant. I thanked him for his time and left shaking my head and moved on down the road.
Answer from FFL #2 - We can start the paperwork now and when the rifle is received we'll give you a call for pickup. (FFL)What? No sir, if the rifle isn't coming from an FFL, we can't do business. The seller must take the rifle to an FFL on his end for shipment to me! (ME) But my current FFL indicates that this is not a problem, he even inquired through the BATF to understand the correct process. (FFL) Sir, your FFL has broken the law and can possibly lose his license for this. (ME) "Oh Crap", "you are the second FFL to indicate this and I certainly do not want to jeopardize my friends license". I had better let him know.
Well I couldn't get a hold of my FFL so I thought I'd try a third FFL.
Answer from FFL #3 (after I explained the previous encounters) - Sir, not a problem…Your FFL is absolutely correct and you and he have been doing business within the law. All I need is a picture ID and for you to fill out these necessary forms. At that point I completed all the necessary items that I was familiar with and I now await the receipt of the rifle.
Bottom line, I am appalled at the lack of knowledge that the first two FFLs had on the BATF regulations. If the FFL's in this country can't relate to the common guy coming into their shop to explain the current rules, then we are really shoveling **** against the tide in our efforts as gun owners in the anti-gun movement. These FFL's are doing more harm than good and are in effect chasing away the very people (new and continuing gun owners) we need in this country.
Sorry this was so lengthy. It was not intended to malign or make light of the duties and importance of the FFL holders in our country. They are just as afraid of losing their livelihood as I am of losing my 2nd amendment rights. I just felt frustrated and had to get this off my chest.
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To own firearms is to affirm that freedom and liberty are not gifts from the state.
BACKGROUND: For some period of time now I have been purchasing firearms via the internet from private parties mostly using auction sites (eBay - before they stopped firearms auctions; Auction Arms; Gunbroker; and the many that are in use today). In all cases, I have followed the current regulations and have made my transfers through a local FFL who researched and understands the shipping and transfer of weapons within and across state lines. This is a more of a nuisance to me than anything, but being the good law abiding citizen that I am, the rules are resonably straight forward and simple; 1) the non-licensed seller must transfer (ship) the rifle to a FFL in your state (after receiving a signed copy of the FFL's license indicating the shipping address). The FFL must process all paperwork, take possession when the rifle is received, ensures the waiting periods are upheld, then he gives you possession. The signed copy of the FFL is really in the sellers best interest as he has proof of who he handed the rifle over to.
Furthermore, the BATF (on their website) define these specific transfer/shipping regulations to the citizen as "frequently asked questions. The following two specifics are defined on the BATF http://www.atf.treas.gov/core/firearms/information/faq/faqb.htm website:
(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 Gun Control Act (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 licensed dealer in the purchaser's State of residence 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]
AND
(B8) May a nonlicensee ship a firearm through the mails?
A nonlicensee may mail a shotgun or rifle to a resident of his own State or to a licensee
in any State. 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]
THE STORY: Recently, the FFL that I have used exclusively was stalled in his renewal of his FFL (they lost the paperwork) and will not be reinstated for about three weeks. I purchased a rifle from a private party out of state and my FFL indicated that I should contact another local FFL to make the transfer (I didn't want to wait the three weeks for his renewal). I have paraphrased the following after inquiring about having the rifle transferred as I normally have done in the past:
Answer from FFL #1 - Sir, I can not accept a weapon from unlicensed party unless it goes through an FFL on his end. The FFL must ship the rifle to me. Have your seller take it to an FFL on his end then I will exchange a copy of my license with him so that the transfer is legal! Of course I indicated to this guy that I thought he was mistaken, that the seller didn't need to take the rifle to an FFL on his end, but he was adamant. I thanked him for his time and left shaking my head and moved on down the road.
Answer from FFL #2 - We can start the paperwork now and when the rifle is received we'll give you a call for pickup. (FFL)What? No sir, if the rifle isn't coming from an FFL, we can't do business. The seller must take the rifle to an FFL on his end for shipment to me! (ME) But my current FFL indicates that this is not a problem, he even inquired through the BATF to understand the correct process. (FFL) Sir, your FFL has broken the law and can possibly lose his license for this. (ME) "Oh Crap", "you are the second FFL to indicate this and I certainly do not want to jeopardize my friends license". I had better let him know.
Well I couldn't get a hold of my FFL so I thought I'd try a third FFL.
Answer from FFL #3 (after I explained the previous encounters) - Sir, not a problem…Your FFL is absolutely correct and you and he have been doing business within the law. All I need is a picture ID and for you to fill out these necessary forms. At that point I completed all the necessary items that I was familiar with and I now await the receipt of the rifle.
Bottom line, I am appalled at the lack of knowledge that the first two FFLs had on the BATF regulations. If the FFL's in this country can't relate to the common guy coming into their shop to explain the current rules, then we are really shoveling **** against the tide in our efforts as gun owners in the anti-gun movement. These FFL's are doing more harm than good and are in effect chasing away the very people (new and continuing gun owners) we need in this country.
Sorry this was so lengthy. It was not intended to malign or make light of the duties and importance of the FFL holders in our country. They are just as afraid of losing their livelihood as I am of losing my 2nd amendment rights. I just felt frustrated and had to get this off my chest.
------------------
To own firearms is to affirm that freedom and liberty are not gifts from the state.