mnrivrat You seem to seperate a gun for shipping as being a transfer no matter what,
Me & ATF.
I'm not separating anything. If ATF considers it a transfer, its a transfer.
and different than taking possession for apprasials, gunsmithing, or other causes for the FFL dealer to take physical possession for some period of time.
Please reread my earlier post. The dealer having possession for a particular period of time only matters for one specific instance.....the repair of a firearm that is returned the same day.
-If you take a firearm to a dealer, hand it to him for appraisal AND HE HANDS IT BACK TO YOU.....that is not a transfer because the dealer did not take legal possession.
-If you take a firearm to a dealer for repair, and the repaired firearm is RETURNED TO YOU THE SAME DAY....that is not a transfer, nothing needs to be recorded by the dealer. No 4473/NICS is required.
-If you take a firearm to a dealer for repair, and it remains with the dealer overnight, he must record it in his bound book as an acquisition.....that IS a transfer. When he returns the repaired firearm to you a week/month/year later....he simply notes a disposition to you. (no Form 4473 or NICS is required)
-If you take a firearm to a dealer for consignment, he records it as an acquisition......it IS a transfer of possession. If the firearm does not sell or you decide you want your gun back you will have to complete a Form 4473 and pass NICS before the dealer can transfer the firearm back to you.
-If you give, sell or trade a firearm to a licensed dealer, that is an acquisition.....and IS a transfer. It is immediately a transfer and must be recorded in his bound book by close of business the next day. he doesn't have to keep it overnight.
Example: You sell a handgun to a buyer in Alaska. Your dealer can mail it via USPS Priority Mail cheaper than you using FedEx/UPS. You take the handgun to your dealer, he records the manufacturer, model, serial#, type of firearm and the caliber as well as the date and YOUR name.
He then logs it out as a disposition to the licensed dealer that the buyer has chosen to receive the handgun. Your dealer then completes a USPS Form 1508 Statement of Shipper of Firearms which certifies that the shipment is a customary trade shipment to another licensed dealer or licensed manufacturer.
He then drops off the package at the post office or hands it to his letter carrier.
The receiving dealer logs the handgun into his records as received from your dealer and will transfer it to the buyer after he completes a Form 4473 and NICS background check.
Can you point to a ATF rule or regulation that covers a shipping service as being a transfer ? I have been unable to find that ruling . And for that matter if that is true then how does common carriers like UPS or FedX handle a transfer. Obtuse minds want to know .
Yeah........read this:
§478.125 Record of receipt and disposition.
(e) Firearms receipt and disposition by dealers. Each licensed dealer shall enter into a record each receipt and disposition of firearms. In addition, before commencing or continuing a firearms business, each licensed dealer shall inventory the firearms possessed for such business and shall record same in the record required by this paragraph. The record required by this paragraph shall be maintained in bound form under the format prescribed below. The purchase or other acquisition of a firearm shall, except as provided in paragraph (g) of this section, be recorded not later than the close of the next business day following the date of such purchase or acquisition. The record shall show the date of receipt, the name and address or the name and license number of the person from whom received, the name of the manufacturer and importer (if any), the model, serial number, type, and the caliber or gauge of the firearm. The sale or other disposition of a firearm shall be recorded by the licensed dealer not later than 7 days following the date of such transaction. When such disposition is made to a nonlicensee, the firearms transaction record, Form 4473, obtained by the licensed dealer shall be retained, until the transaction is recorded, separate from the licensee's Form 4473 file and be readily available for inspection. When such disposition is made to a licensee, the commercial record of the transaction shall be retained, until the transaction is recorded, separate from other commercial documents maintained by the licensed dealer, and be readily available for inspection. The record shall show the date of the sale or other disposition of each firearm, the name and address of the person to whom the firearm is transferred, or the name and license number of the person to whom transferred if such person is a licensee, or the firearms transaction record, Form 4473, serial number if the licensed dealer transferring the firearm serially numbers the Forms 4473 and files them numerically. The format required for the record of receipt and disposition of firearms is as follows...........