Posted on 01/19/2013 10:38:52 AM PST by Oldpuppymax
Barack Obama’s Bureau of Alcohol, Tobacco and Firearms (ATF) has sent an open letter to all Federal Firearms License (FFL) holders/licensed gun dealers in the United States, recommending they “…enhance public safety and assist law enforcement by encouraging and facilitating transfers of firearms between private individuals through their business.” In short, FFL holders are being told to perform background checks and keep records of private gun sales between American citizens, EVEN THOUGH federal law may NOT require that they do so! (1)
According to current federal law, gun sales between private individuals must be...
(Excerpt) Read more at coachisright.com ...
Alabama :
“Most states do not require registration of firearms, with the exception of NFA firearms, such as machine guns. When purchasing a firearm from a dealer, the dealer must maintain a record of the sale, but there is no registration per se. Welcome to the South, y’all! “
"According to current federal law, gun sales between private individuals must be handled by FFL holders ONLY if the private parties are residents of different states. Residents of the same state may conclude the sale of a firearm without submitting to a background check, having the sale recorded or paying a fee to a FFL holder/licensed gun store. Yet in the ATF’s January 16th letter to gun dealers, this vitally important distinction in federal law is ignored."
2 FFL friends here in PA told me 13+ years ago, that they had to do the legal transfer of a handgun. Now I'm really confused. Crap; I just sold/transferred a Bushy Carbon 15 Type 21S Pistol to my cousin's daughter's husband, thru our local FFL.
What if the buyer lives in the people’s republic of MD?
“So private sellers are supposed to, what? Just show up at a licensed dealer and say “please run this person through NICS.”?”
Kind of like that. It’s more of a transfer. The dealer (FFL) logs it in and transfers it to the buyer, along with doing a background check.
“This letter is almost pointless. If two private citizens in the same state decide to buy/sell a firearm between themselves, why would they even bother to go anywhere near an FFL?”
I’m far from an expert in this, but one reason that I could see is to get a background check on the buyer - since it is not legal to sell a gun to a felon.
...of course, with the Internet, one can do that themselves just as easy.
I think the result of this de-facto registration is to move more gun sales underground...which actually is good, in the end.
As to sales out of state, I think people will just risk it, and claim ignorance if later told the guy was from out of state...but I’m only guessing here.
Big duh on me.
Is a dual-signed receipt required, for proof of non-ownership, in case the firearm is used in a future crime, to absolve you of responsibility?
Read whole article, but particularly 3rd from last paragraph:
Here it comes, as I said in a TGO post last week.
No paperwork is ever required, although some sellers ask for a bill of sale. Even that is not very common.
P4L
From the NRA-ILA site:
http://www.nraila.org/gun-laws/state-laws/pennsylvania.aspx
A synopsis of Pennsylvania state laws on purchase, possession and carrying of firearms.
“PURCHASE
Any individual or dealer selling a handgun is required to sell or transfer it at the place of business of a licensed dealer or county sheriff’s office. ...”
Looks like it’s a PA state law.
AZ is very different:
http://www.nraila.org/gun-laws/state-laws/arizona.aspx
Unfortunately, this is already the law in my red state of TN
Class action suit time.
Here’s my advice to take or leave as appropriate. If there is not state law against a private sale of firearms, do nothing with respect to a Form 4473 - the government can just suck it. They are going to have to LEGISLATE any requirement otherwise, not some bullshit ‘request from the ATF because Obama spoke so’
Execute due diligence in your private sale - get identification and make out a bill of sale with signatures and dates included like you would any other merchandise where you’d want a record of the sale.
My best advice is that your gut reaction on what kind of person is buying your gun should indicate to you what level of documentation is needed.
How would FFL’s be involved in deals between two people? There is no federal laws saying you have to use a FFL to buy or sell a used firearm between two people, so I don’t see how FFL’s would be involved unless you are shipping the firearm.
Whole thing is nonsense.
Here's the language from the information that the White House provided to the press before the announcement:
Call on licensed dealers and private sellers to do their part through executive action: Private sellers can already choose to sell their guns through licensed dealers so the dealer can run a background check on the buyer, and the Administration is calling on them to do so. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will send an open letter to licensed dealers giving them guidance on how best to facilitate these checks.
As you can see, nothing has really changed, private sellers were already able to do this. All that they have done is sent a letter to FFL dealers asking them to run the transaction. My local FFL charges $25 when you are not buying a gun from him, but having it shipped to him from out of state. He could also choose not to accept shipment, but doesn't. The $25 is a nominal fee that helps him cover costs. Will he do the same for private sellers? I don't see why not, it gets them in his shop and will increase his sales. Thanks Obama for the extra business. Of course, private sellers are still free to forgo this formality.
Is there as single “stupid” American in this Nation who is dumb enough to tell anyone other than the immediate party's to the transaction about the sale, or gift of a firearm to anyone?
God help us all if the Freddy's really believe this Nation has slipped so far down the socialist hole that 310 million firearms will be located, logged, and, tracked by Freddy from 310 million stupid, ignorant, and drone Americans? I know Americans who have buried numerous weapons, and ammunition for several years now, long before this confiscation threat and were called stupid black helicopter conspiracy nuts!
Not so stupid now unless you tell anyone about your firearms, or your intent to sell or give anyone a firearm.
Sheeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeees!
Purchase, sell, or give a firearm and SHUT THE F%$# UP! PROBLEM SOLVED!!!!!!!!!!!!!!!!!!
Going to be thousands of new jobs out there...Undercover agents will be trying to buy guns from private citizens all over the country...
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
I believe the second part of this Amendment is an answer to the first part.
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