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Interesting FFL Issue on GB Auction Transfer
mag
Member Posts: 464 ✭✭✭
I won an auction from a pawn shop and when the gun arrived at my transfer dealer on Friday Jan 11 the expiration date on the seller's FFL was Jan 1, 2008 !!!!! We checked EZ Chek and it shows up expired. I called up the seller and this is obviously something that they don't realize has happened even though judging by their feedback several guns have possibly been transferred since the first of the year.
They say they are going to call us back Monday. There is a possibility that the ATF is dragging their feet on the renewal as there are rules in place for such an eventuality. These rules allow you to keep doing business until the ATF gets your renewal back to you. It is also possible that the person that has that info was not at work on Friday. Could also be that the renewal was not filed in a timely fashion in which case all sorts of problems could come up.
Anybody have any insight ? Monday will be interesting.
They say they are going to call us back Monday. There is a possibility that the ATF is dragging their feet on the renewal as there are rules in place for such an eventuality. These rules allow you to keep doing business until the ATF gets your renewal back to you. It is also possible that the person that has that info was not at work on Friday. Could also be that the renewal was not filed in a timely fashion in which case all sorts of problems could come up.
Anybody have any insight ? Monday will be interesting.
Comments
FFl is good for 60 days after experation date.
Duckhunter is correct - the license is still valid for 60 days per ATF rules. That gives the ATF licensing center time to process the paperwork because they love to drag their butts as long as possible.
As long as your dealer who received the shipment has a current FFL, I don't see a problem. He only needs to log who he received the shipment from, the fact that his FFL has expired shouldn't matter. Some dealers only accept shipments from active FFL holders. This is their policy but not a legal requirement in my opinion.
Per Federa ATF rules you are good to go. Per New York State rules, and I think there are a couple other states who require it now, you have to have a current licensed FFL dealer ship a handgun. The ATF's guidlines on that??...follow all current state laws. That little catch 22 is something to be aware of.
[a] .......
{1} regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license.
The above says that FFL's must swap copies of their license when doing a firearms transaction.
Which begs the question. What business, or authority, would any State have, in making a law regulating or placing qualifications on INTERSTATE COMMERCE.
D.
I don't hold a FFL, but the quotation noted earlier,
926 - Rules and Regulations
[a] .......
{1} regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license.
is irrelevant here, technically. If the sender's FFL has expired, the regulation doesn't apply because the sender does not have a FFL; it expired. And, if the sender IS entitled to an automatic 60-day extension as earlier noted, this law MIGHT apply (if such a law is legitimate), but that eventuality is already covered because the sender did send his FFL with the gun.
As was just noted by AZEX, a state law fails the test of legitimacy when it attempts to regulate interstate commerce. But, who wants to try this in the courts?