What am I missing (or how can this still be happening)?

[crffl]

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What I'm referring to is inaccurate information being dispensed by established FFL's? Below is what transpired, no names were changed to protect the oblivious. Also understand I no issue with this individual, he's just repeating what was was told by people supposedly in the business.


So I'm in the middle of setting up a trade of a rifle with an individual from DE. I ask for any suggestion on a FFL that's open and within the vicinity that we can meet at to do the transfer.

I get an email back saying this:

I was told by my ffl (X-Ring Supply here in Delaware) that all we need is basically copies of our DL's and we are able to do the sale ourselves since it is a long gun and not a pistol. Let me check into it and I'll have an answer in a little bit.

To which I replied:

Hopefully he wasn't clear that I'm from PA and not from DE. I'd be really surprised that a FFL would give bad information on something as simple as a state to state transfer.

Last night I get:

I checked with another FFL in Delaware and also with Targetmaster in PA. and both told me what the other FFL had said: As long as both parties are legally allowed to own the firearms in their respective states then a sale can be made with so much as an exchange of cash for the firearm, but all recommended that some sort of receipt be filled out to have the sale on paper.

After pulling myself up off the floor I send:

I'm sorry but have to disagree with what you've been told, it amazes me that licensed FFL's give out such wrong information. You can read for yourself at the links below from the ATF website that spells out who and how firearms may be acquired by unlicensed (non FFL) persons. I'll be calling them myself tomorrow as I'm hoping to get someone to tell me the same thing so I can ask about what I'm sending you below.

At the end of the email I included links and passages from the ATF FAQ for unlicensed persons at:

http://www.atf.gov/firearms/faq/unli...ensed-transfer


So just an hour ago I call TargetMaster and say I had a question about what my prospective trader was told regarding a transfer. I asked my question and was promptly told that was correct, NO TRANSFER WAS NEEDED!

I asked what about I'm reading right here in front on me on the ATF website and he says that only applies to firearms that are shipped and proceeds to tell me again how its not needed.

I press the point reading the lines to him off the ATF site that says

A person may sell a firearm to an unlicensed resident of his State

and

A person may only acquire a firearm within the person’s own State

and

except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State

His response was

well I'm just telling you that's what's normally done

At this point I realize either:

A. He doesn't know the law
B. He doesn't care about the law and this is SOP

One person, ok. Two people, eh not so good but this is 3 different DEALERS, one of which I personally confirmed.

WTF???

.

[NuclearSociety]

the dealer in DE may not have communicated to the other dealers that it was being transferred from a resident of one state to a resident of another state.

I do not know.

[elementfreak431]

crffl, I believe you are correct, unless they are referring to PA's definition of a firearm

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

It doesn't say anything about long guns, but I was always under the assumption that if the buyer/seller are from two different states it MUST go through an FFL

[crffl]

.

Theoretically that could be a source of confusion for those who don't know the PA definition of 'Firearm' but in this case it wouldn't apply because its a ATF regulation and its a interstate transaction of which they were made aware.

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