Gun Locks Required for FTF sales?

[racingfast]

I stumbled upon another forum where if I am reading it correctly it says we FFL's need to offer a gun lock to customers in our shops.

CHILD SAFETY LOCK ACT of 2005 says:
April 21, 2006

Open Letter to Federal Firearms Licensees
-------------------------
This serves to notify you that Public Law 109-92 (119 Stat. 2095), the Protection of Lawful Commerce in Arms Act, was enacted October 26, 2005. Section 5 of Public Law 109-92, cited as the Child Safety Lock Act of 2005 (CSLA), amended the Gun Control Act by adding Section 922(z) to 18 U.S.C. This new section makes it generally unlawful for “any licensed importer, manufacturer, or dealer to sell, deliver, or transfer any handgun to any person, other than another licensee, unless the transferee (buyer) is provided with a secure gun storage or safety device for that handgun.” The statute provides that it becomes effective on April 24, 2006. ATF has prepared the regulation that will implement this statute. At this time, the regulation is pending approval by the Department of Justice and the Office of Management and Budget. The review process most likely will take several more months. Once the regulation is approved, ATF will publish an Interim Rule in the Federal Register regarding the new law. While the Interim Rule will not be published by April 24th, the requirement to “provide” a safety device with the transfer of any handgun is mandated beginning on that date pursuant to 18 U.S.C. 922(z). Accordingly, licensees must make the necessary arrangements to provide secure gun storage or safety devices with the transfer of handguns from the April 24th effective date.

As enacted, the law does not require safety devices to be provided where the handgun transfer is between FFLs. The law also provides for additional exceptions. ATF will issue an Open Letter once the Interim Rule is published. “Questions and Answers” regarding the CSLA will be posted on our Web site at http://www.atf.gov clarifying certain points of the legislation. We look forward to industry members’ questions and comments. For additional information, please contact the Firearms Programs Division at (202) 927-7770.
----------------------
Then I found the Second Amendment Protection Act of 2011- which would have nullified the 2005 act but it died without approval....

THANKS IN ADVANCE

[tl_3237]

The Federal law requires that a lock be PROVIDED for HANDGUN transfers unless excepted:

18 USC 922(z) Secure Gun Storage or Safety Device.-
(1) In general.-Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun.
(2) Exceptions.-Paragraph (1) shall not apply to-
(A)(i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or
(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or
(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);
(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or
(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun.

18 USC 921(a)(34) The term “secure gun storage or safety device” means-
(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

Also required under Commonwealth law for s.6102 firearms:

18 Pa CS § 6142. Locking device for firearms.
(a) Offense defined.--It shall be unlawful for any licensee
to sell, deliver or transfer any firearm as defined in section
6102 (relating to definitions), other than an antique firearm as
defined in section 6118 (relating to antique firearms), to any
other person, other than another licensee, unless the transferee
is provided with or purchases a locking device for that firearm
or the design of the firearm incorporates a locking device.

(b) Exceptions.--Firearms for transfer to or possession by
any law enforcement officer employed by any Federal, State or
local government entity or rail police employed and certified by
a rail carrier as a police officer are not subject to the
provisions of this section.

[thorazine]

Just wanted to point out none of that applies to private party sales.

it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer

It shall be unlawful for any licensee to sell

I wonder however...

Would the FFL be required to provide a lock in the event the selling party did not include one in respect to handgun transfers for a firearm not originated in his or her shop?

[tl_3237]

Just wanted to point out none of that applies to private party sales.





I wonder however...

Would the FFL be required to provide a lock in the event the selling party did not include one in respect to handgun transfers for a firearm not originated in his or her shop?

Agreed - does not apply to private transfers but the OP did indicate he was inquiring as an FFL.

Yes - the FFL is still performing a transfer from his bound book to a non-licensee.

[thorazine]

Agreed - does not apply to private transfers but the OP did indicate he was inquiring as an FFL.

Yes - the FFL is still performing a transfer from his bound book to a non-licensee.

Yeah, I quickly skimmed and overlooked the "transfer" part.

At least it can be any lock.. OEM or otherwise.

[racingfast]

OK--- so the quick down and dirty answer is YES. They dont have to accept them but we (FFL) must have some on hand to offer.
Where does one get a supply without adding $15 to the firearm..???
Just another example of NOT being told how to run my business by the powers to be.

[tl_3237]

OK--- so the quick down and dirty answer is YES. They dont have to accept them but we (FFL) must have some on hand to offer.
Where does one get a supply without adding $15 to the firearm..???
Just another example of NOT being told how to run my business by the powers to be.

If you read the laws again you'll see that you are unable to complete the transfer unless the transferee purchases or is provided with an acceptable locking mechanism. It's not an option for him (or the FFL) to waive the requirement.

[jaseman]

If you read the laws again you'll see that you are unable to complete the transfer unless the transferee purchases or is provided with an acceptable locking mechanism. It's not an option for him (or the FFL) to waive the requirement.

I'm not an FFL, but just out of curiosity, what constitutes an acceptable locking mechanism?

When we bought my wife's Mosquito, it came with one right in the case from Sig (IIRC). But I didn't get one with my PT-1911, but it's got that funky locking hammer. Is Taurus' hammer lock considered an acceptable locking mechanism?

[tl_3237]

I'm not an FFL, but just out of curiosity, what constitutes an acceptable locking mechanism?

When we bought my wife's Mosquito, it came with one right in the case from Sig (IIRC). But I didn't get one with my PT-1911, but it's got that funky locking hammer. Is Taurus' hammer lock considered an acceptable locking mechanism?

For Federal purposes see my previous post as to the definition.

For Commonwealth purposes, which is more restrictive, my link to the state law provides the definition:

"Locking device." Either of the following:
(1) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device; or
(2) a device that is incorporated into the design of a
firearm and that is designed to prevent the operation of the
firearm by anyone not having access to the device.

A Taurus Trigger Lock would seem to qualify under both definitions.

[jaseman]

For Federal purposes see my previous post as to the definition.

For Commonwealth purposes, which is more restrictive, my link to the state law provides the definition:



A Taurus Trigger Lock would seem to qualify under both definitions.

Thanks. Was just kinda curious more than anything.