C&R disposition requirements

[leadcounsel]

I've never sold a C&R pistol, but was surprised to learn the following requirements:

* Provide written notice when delivery of a handgun is made to a non-licensee
* Prepare ATF Form 3310.4 when a collector disposes of two or more handguns to a nonlicensee within 5 days.

 

[deadin]

Do you have the chapter and verse that requires this for a FFL03?
I believe it only applies to Dealers.......

 

[leadcounsel]

It is located in an Open Letter to all C&R collectors that came with my renewal packet. It is stamped Jan 19, 2005.

Page 2: Regulatory Obligations. Licensed collectors MUST:

Then it lists the bound book, theft reporting requirements, and the provisions I mentioned in post 1.

 

[EOD Guy]

Do you have the chapter and verse that requires this for a FFL03?
I believe it only applies to Dealers.......

Both apply to collectors also.

Here is the CFR section on the handgun notification:

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F_Conduct of Business

Sec. 478.103 Posting of signs and written notification to purchasers of handguns.

(a) Each licensed importer, manufacturer, dealer, or collector who
delivers a handgun to a nonlicensee shall provide such nonlicensee with
written notification as described in paragraph (b) of this section.

Paragraph (b) is rather long and can be viewed at this link:

27CFR, 178-103

The Notice can be downloaded from the BATF web site. See the link and open ATF I 5300.2

ATF Firearms Publications

Here is the CFR section on multiple sales:

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart H_Records

Sec. 478.126a Reporting multiple sales or other disposition of pistols and revolvers.

Each licensee shall prepare a report of multiple sales or other
disposition whenever the licensee sells or otherwise disposes of, at one
time or during any five consecutive business days, two or more pistols,
or revolvers, or any combination of pistols and revolvers totaling two
or more, to an unlicensed person: Provided, That a report need not be
made where pistols or revolvers, or any combination thereof, are
returned to the same person from whom they were received. The report
shall be prepared on Form 3310.4, Report of Multiple Sale or Other
Disposition of Pistols and Revolvers. Not later than the close of
business on the day that the multiple sale or other disposition occurs,
the licensee shall forward two copies of Form 3310.4 to the ATF office
specified thereon and one copy to the State police or to the local law
enforcement agency in which the sale or other disposition took place.
Where the State or local law enforcement officials have notified the
licensee that a particular official has been designated to receive Forms
3310.4, the licensee shall forward such forms to that designated
official. The licensee shall retain one copy of Form 3310.4 and attach
it to the firearms transaction record, Form 4473, executed upon delivery
of the pistols or revolvers.

The form can be downloaded here: BATF Firearms Forms

 

[zxcvbob]

Interesting. So print the following and tell the buyer, "The government says I gotta give you this". It's not your concern whether he reads it or not:

Sec. 478.103 Posting of signs and written notification to purchasers of handguns.

(a) Each licensed importer, manufacturer, dealer, or collector who
delivers a handgun to a nonlicensee shall provide such nonlicensee with
written notification as described in paragraph (b) of this section.
(b) The written notification (ATF I 5300.2) required by paragraph
(a) of this section shall state as follows:
(1) The misuse of handguns is a leading contributor to juvenile
violence and fatalities.
(2) Safely storing and securing firearms away from children will
help prevent the unlawful possession of handguns by juveniles, stop
accidents, and save lives.
(3) Federal law prohibits, except in certain limited circumstances,
anyone under 18 years of age from knowingly possessing a handgun, or any
person from transferring a handgun to a person under 18.
(4) A knowing violation of the prohibition against selling,
delivering, or otherwise transferring a handgun to a person under the
age of 18 is, under certain circumstances, punishable by up to 10 years
in prison.

 

[EOD Guy]

zxcvbob,

There is a lot more to the statement than that. Check the BATF publication link I provided above and open ATF I 5300.2.

You have to provide a copy of the publication ATF I 5300.2.

 

[deadin]

The licensee shall retain one copy of Form 3310.4 and attach
it to the firearms transaction record, Form 4473, executed upon delivery
of the pistols or revolvers

This one's going to be hard to do seeing as how C&R's aren't required to do 4473's.

 

[Blackhawk30]

If you are a C&R licensee,all you have to do is log it into your BB and you are supposed to give them a phamplet from the ATF that tells how evil handguns are.