Law question at FFL

[evilash]

§6111. Sale or transfer of firearms.
(i) Confidentiality.-- All information provided by the potential purchaser, transferee or applicant, including, but not limited to, the potential purchaser, transferee or applicant's name or identity, furnished by a potential purchaser or transferee under this section or any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.

So when my ffl writes out his own receipt for the transfer fees and writes the buyers name and address on the sheet and gives us both a copy of the transfer.... is this violation? or is it only violation if they made it public such as posting it on their wall or giving it to the local PD.

[whoshisface]

No it is a transaction between the two parties. They both are already aware of the transaction therefore it is still not public. I'm guessing your concern is that you didn't want the purchaser to have your address and other info. Unfortunatly that is part of the transaction and need information in order to actually conduct the transaction. Now if it was a long arm that didn't require an FFL then the person doesn't have a right to know it but they can insist on it rather than follow through on the deal.

[Xringshooter]

So when my ffl writes out his own receipt for the transfer fees and writes the buyers name and address on the sheet and gives us both a copy of the transfer.... is this violation? or is it only violation if they made it public such as posting it on their wall or giving it to the local PD.

My understanding is that it would only be a violation if the FFL posted it, published it or gave it to an unauthorized person. Notice I said unauthorized person (I'll get to that). Both parties (and the FFL) are the authorized people in the transaction. If doing a transfer between two private parties, the FFL actually "receives" the gun and as such must enter it into his bound book. The acquisition side of the book shows who he got it from. Then he "transfers" the gun to the new owner and the disposition side of the book (besides the 4473) shows where the gun went. If it's a handgun the PSP form also gets filled out with the transferors information as well as the transferees.

The FFLs "receipt" will go into his business stuff to show the receiving of money (proof of how much money has been received in case he is audited by the Dept of Revenue).

FFL's don't let just anyone see their bound book. The BATFE can come in and look at it at any time they want to. A police agency can look at it but only in the case of an investigation if I remember correctly. I have NEVER had a police agency come to look at my books on a "we just to to take a look". I have had them inspect my books but it was during an investigation (sorry, I can't say more). In the case of a handgun, the buyer, the FFL and the PSP gets a copy of the form. I attach the FFL's copy of the PSP form to the 4473 and it gets filed.