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Joined: May 2003
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Replacement. No you do not get 24 hrs to log it in. Regs state must be logged in by close of business the day of receipt.


Hugh Lomas,
H.G.Lomas Gunmakers Inc.
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One of the reasons I'm gun shy about taking stuff from a non-FFL is well illustrated here. We have several unlicenced experts that are flat ass wrong.

Hugh is correct, Hugh is licensed and professional. I'm a whole lot more comfortable dealing with a guy whose profession is on the line and avoid know-it-alls who tell you, "I've done it twice, so it must be legal" or "let's bend the rules on your license, then it's legal."

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Hugh, thanks for the clarification of the time to log the gun. My FFL has told me 24 hours in the past.

Steven, I don't think I suggested bending the rules "and then it's legal." I was asking if making a repair before returning to the seller would be within the regs. That's far, far different than bending the rules. Your response illustrates one of the problems on this and other boards, and that is the drawing of false conclusions and inferences, and taking arguments to extremes. Remember, this all started with an FFL who did not disclose in advance that he would not accept a gun from an unlicensed seller, even though it is perfectly legal to do so. His failure to disclose was not illegal, but it was bad business. He can run his business any way he wants, and we can use a different FFL. Simple.

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OK, then who is breaking the law: both of you, the buyer you convince to return directly to you (so you can avoid the transfer fee), or is it just you for recieving the gun???...Geo


I ask this because I once relied on this same bum advice from this same bbs and returned a gun directly to a guy in another state on a trade that didn't work out one time. I didn't think I was right when I did it and fully expected Janet Reno's 'jack-booted thugs' to kick in my door at any minute. The statute of limitations has surely run by now...I hope.

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Originally Posted By: Hugh Lomas
As an FFL holder, like Mr Boyd I am required to know the law , not speculate on it. When in doubt we discuss with our ATF office to get clarification. I was advised within the last three weeks that receiving from an out of state shipper ( individual)for another party care and control of the gun has passed to me. I must log it in at close of business and it should go in my Acquisition & Disposition Book. It can only leave to the original
owner via an FFL in recipients state. In addition to the Federal Laws and my home state laws I am also required to comply with any and all state laws in the sender/recipients state. It is, I suspect, for this reason that FFLs are becoming increasingly reluctant to accept non FFL shipments involving transfer from out of state.


"Logging the gun in" does not make it the property of the
intended buyer, who may decide not to keep it. It is STILL the property of the seller and may be returned directly to him. It certainly isn't the property of the FFL holder. Only one person left. Guess who that is?


> Jim Legg <

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I would not wager against Mr. Legg.

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This comment is NOT about this particular situation! Just commenting in general.

BATFE is notorious about issuing opinions and opinion letters that completely contradict each other.

I have purchases/sold/sent for service at least 50 guns in the last ten years. the common denominator when it comes to dealing with FFL's is that most of them don't know and understand the law's under which they operate.

As business owners you are free to run your business' as you see fit. But just because you are business owners does not mean you know the law better than your customers.


Mike
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Jim means well he is just wrong.

John Boyd


John Boyd
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Aren't there any gun-toting lawyers on this board who can provide an informed opinion?

Relying on BATF for opinions is somewhat like calling the IRS for tax preparation advice. Call three times with the same question, you are likely to get three different answers, and none of them are an adequate defense. What, exactly, do the regs say? And what does the case law say?

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Replacement,

That is one of the problems with ATF and many .gov agencis. I guarantee that you could contact them and get an answer supporting Jim Legg's position. I also guarantee that you could get an answer supporting John Boyd's position.

In the day to day operations of an FFL's business, the laws are pretty clear cut and easy to understand. It is when you stray off the line just a bit that ATF get's confused/confusing.

As an example, if you ask for the answer to a question in writing and recieve an opinion letter from the ATF, it applies to YOUR situation ONLY. If you gave me a copy of the letter in a similar circumstance, ATF would say it did not apply to my situation.


Mike
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