Not if he transfers the rifles to the new buyers through an FFL.Originally Posted by musketjon
Not if he transfers the rifles to the new buyers through an FFL.
When dealing with liberals, always attribute to malice what would ordinarily be attributed to incompetence.
"Of course it won't be easy; nothing worthwhile ever is. That is why I have always failed where others have succeeded."-Clouseau
Not correct, you can do a face to face transfer and that's fine too. I have a written statement from the ATF saying that when you are not required to fill out the ATF form 4473, then you are not replying to question 11a. 11a is the question asking if the firearm is for YOU. When you buy from the CMP, not an ffl, you do not fill out form 4473 so you are not making claim in any way to question 11a.
Question I sent;
Tim Shufflin 7/27/14
to amara.kyes
Mrs. Kyes, I'm just emailing you to get the email contact for the branch that can give written approval for the following scenario;
If a person, who under the law can legally buy firearms, purchases a firearm in a private sale, where no ATF form 4473 is required to be filled out, can they make this purchase knowing they are wanting to sell that firearm to a licensed FFL?
Does it matter if the licensed FFL pays the person making the purchase before or after they purchase the firearm in the above example?
An example of this scenario would be;
Person "X" goes to a gun show and finds a person walking around with a firearm that they know FFL "XYZ" wants. Person "X" calls FFL "XYZ" and agrees on a price to sell the firearm to FFL "XYZ". Person "X" then purchases the firearm, no form 4473 is required, and delivers it to FFL "XYZ" and FFL "XYZ" pays Person "X" for the firearm.
Would it have mattered if FFL "XYZ" gave Person "X" monies to pay for the firearm before or after Person "X" made the purchase of the firearm?
I am looking everywhere for the rules response, I know I sent Sean one, am not finding it. I'm goona be seriously PO'd if I can't find this.
NOPE. not at all
[SIGPIC]
If you're buying from CMP for the purpose of reselling, doesn't that put you into the "business" of being a firearm dealer. It's not really a straw purchase problem because you're buying it for your inventory, not acting as an agent of another specific person. But you be doing something that ATF would view as the purview of a Type 1 FFL? And I doubt many of these resellers are obtaining state or local licenses necessary to be firearms dealers.
You could have the problem of the atf saying you are "in the business" but I don't see a straw purchase issue. Remember, when you buy from the CMP you never answered question 11a on form 4473. If you don't lie on 11a, you never created a straw purchase.
Does a "collector" become a "reseller" when selling a collection? Is a collector who decides to liquidate a collection become subject to zoning and licensing laws?
Over here in new york you have to transfer all firearms through an ffl. No face to face, no shipping within the state. As far as purchasing a firearm, dick's sporting goods refused to sell a rifle to a friend of mine because I asked the sales person most of the questions. They said it constitutes a straw purchase. The store manager over-rode the sales person but that is it for me and dick's.
When dealing with liberals, always attribute to malice what would ordinarily be attributed to incompetence.
"Of course it won't be easy; nothing worthwhile ever is. That is why I have always failed where others have succeeded."-Clouseau
As I understand it under Orest the CMP was against the practice of buying to part out or resell, but I think it was overlooked in most cases, and like our Federal Government, selectively enforced.. Who knows now.
I logged on to the cmp forums today at work just for sh!ts and grins to see the latest. Apparently I'm not going to missed. That's ok 'cause I'm not gonna' miss them either. I guess they needed someone to be made an example of. Hey, at least I'm good for something. I guess I was getting a tad cynical in my replies but some of the questions.................??!!??!!??!?? Jeezus, some of the posters are really STUPID, and they reproduce. We're in serious trouble, my friends.
Jon
Yes we are.
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