Author Topic: Stop War and Classifieds Questions  (Read 1117 times)

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Offline Washita

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Stop War and Classifieds Questions
« on: May 05, 2006, 09:08:46 AM »
I noticed today that every topic heading now begins with "Stop War in Irak".  Aside from the fact that "Iraq" is misspelled, does this mean Graybeard has gone lib on us?  I thought that cut-and-run was just a Nancy Pelosi-Howard Dean type position.

Also, I don't understand why all classifieds involving firearm shipments must be FFL-to-FFL, since there is no federal law requiring that shipments originate with an FFL, only that they be shipped TO an FFL.  Is this some kind of "gun dealer job security" rule, or am I missing something?  (I've wondered this for some time, but just now finally got around to asking).
-Wash

Offline Washita

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Stop War and Classifieds Questions
« Reply #1 on: May 05, 2006, 09:18:22 AM »
OK, this is a reply to my own question (well, the first one, anyway.)  I just read on another forum that the "Stop War in Irak" thing was done by a not-too-bright hacker, not Graybeard.  Please ignore the dopey question and accept my apologies, Graybeard.  I should've figgered that out for myself.

I still wonder about the FFL-to-FFL question, though.  Is that because of some state law, reduction of stolen arms sales or ???
-Wash

Offline Graybeard

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Stop War and Classifieds Questions
« Reply #2 on: May 05, 2006, 11:44:24 AM »
The statement is CYA for me with BATFE. And no you really can't transfer a Firearm by shipping it from an individual to a dealer legally. I have it in writing from BATFE in response to a question I asked as I wanted to do it that way and was assured I best not get caught doing it.

You do what you gotta do. I have it there so my butt is covered. If you violate law it's not on me. I cannot control what happens, I can only make sure that BATFE sees I've told folks to be legal.


Bill aka the Graybeard
President, Graybeard Outdoor Enterprises
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I am not a lawyer and do not give legal advice.

Jesus is the way, the truth, and the life anyone who believes in Him will have everlasting life!

Offline Washita

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Shipping Question
« Reply #3 on: May 05, 2006, 01:02:14 PM »
Graybeard:  I understand your position and the reasons for it, and agree that nobody will get in trouble by shipping FFL-to-FFL.  I certainly don't want to start an argument, and have no reason to doubt that you have a letter from the BATF to support your statement.

But Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:

(B9) May a nonlicensee ship a firearm by carrier?
A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31] (Italics added)

"Nonlicensee" means somebody who doesn't have an FFL.
-Wash

Offline jgalar

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Stop War and Classifieds Questions
« Reply #4 on: May 05, 2006, 04:36:11 PM »
Your quote from ATF concerns shipping a firearm for repair etc - not for sales. You can ship a firearm to a licensed gunsmith for custom work or repairs, but you are still the owner. The gunsmith would still need to log in the firearm upon receipt as being in his possession and log it out of his possession when he ships it back. Sales need to be FFL to FFL.

Offline Washita

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Stop War and Classifieds Questions
« Reply #5 on: May 05, 2006, 05:28:46 PM »
Where do you get that?  The transfer in any such sale is accomplished by the "ship-to" FFL.  My information source is the "For Sellers" section of GunBroker.com, which in turn cites the applicable section of federal law.  (I copied that section.)   Nowhere in there does it say that nonlicensee shipments to FFL is legal just for repairs.  Can you cite a specific section which backs up your statement?

I want to be very clear on one point, though.  I have no quarrel with Graybeard posting the statement about FFL-to-FFL sales.  It's his site, he can post anything he wants on it, and I understand his wanting to err on the side of caution.  Even if the end result IS just an FFL job security rule!  ;-)
-Wash

Offline Graybeard

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Stop War and Classifieds Questions
« Reply #6 on: May 05, 2006, 05:36:33 PM »
BATFE's response to me was as stated. That applies to guns you ship to the manufacturer for repair or to a gunmitch for repairs or custom work but you may not transfer ownership that way.

Me I dunno. I just know I was once an FFL dealer and when I gave up the license and quit selling guns I was reported by an anonmyous person as being still dealing. I don't ever again want to have any discussions with those folks about anything.

As I said I'm merely covering my butt. The options are I have the statement or I stop gun sales totally. I don't want to do the latter as I know you guys use it often.

I only instituted it when I found folks were shipping guns illegally knowing them were doing it. To cover my butt I will report any such to them no matter the trouble it gets someone into. I make nothing on the classifieds and don't wish to even have a hint of problem for no good reason.

I'm personally of the opinion all gun laws are Unconstitutional. But I don't wish to be the test case on any of them.  :eek:


Bill aka the Graybeard
President, Graybeard Outdoor Enterprises
256-435-1125

I am not a lawyer and do not give legal advice.

Jesus is the way, the truth, and the life anyone who believes in Him will have everlasting life!

Offline Washita

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Stop War and Classifieds Questions
« Reply #7 on: May 05, 2006, 05:55:43 PM »
Amen, Bill, and please don't think me ungrateful.  I know this is a labor of love for you, and very much appreciate it.

But I still disagree.   :D
-Wash

Offline Graybeard

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Stop War and Classifieds Questions
« Reply #8 on: May 05, 2006, 06:24:23 PM »
Quote
But I still disagree.


You're allowed to do that.  :lol:  Just so long as when all is said and done site rules are followed.  :eek:


Bill aka the Graybeard
President, Graybeard Outdoor Enterprises
256-435-1125

I am not a lawyer and do not give legal advice.

Jesus is the way, the truth, and the life anyone who believes in Him will have everlasting life!