only 1 handgun per week? federal law? HUH?


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warddc
November 2, 2004, 01:18 PM
I ordered two new handguns a while ago from my local gunshop and they came in today. I was going to pick them both up but my ffl said that per federal law I can only take posession of one handgun per 5 business days per ffl. Since when?

dave.

P.S. I found my answer at the batf web site.

link:

http://www.atf.gov/firearms/faq/faq2.htm#f5

text:

(F5) As a licensed dealer, must I advise ATF if I sell more than one handgun to an individual? [Back]

If you sell more than one handgun to any nonlicensee during a period of 5 consecutive business days, the sale must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, and forwarded to the ATF office specified on the form no later than the close of business on the day the second handgun was sold. A copy of the form must also be sent to the state police or the local law enforcement agency where the sale occurred. A copy must also be kept in the records of the dealer. [18 U. S. C. 923( g)( 3), 27 CFR 178.126a]

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R.H. Lee
November 2, 2004, 01:19 PM
Hey, in Californiastan it's limited to 1 handgun per month.

Cosmoline
November 2, 2004, 01:25 PM
Never heard of that law. Sounds like a state restriction, not a federal one.

FPrice
November 2, 2004, 01:30 PM
It seems to me that there is NOT a Federal law prohibiting you from taking possession of more than one gun from an FFL every five days, but rather a requirement to notify the BATF of multiple simultaneous handgun purchases. An extra form I believe.

Ask your FFL if this is what he is referring to.

warddc
November 2, 2004, 01:34 PM
My ffl says that if he was to transfer multiple handguns in a 5 day period there is another form that must be filled out. He also said that he will not transfer multiple handguns because the form basically triggers an automatic audit of both the ffl and the buyer. He doesn't want the hassle.

d.

SLCDave
November 2, 2004, 01:53 PM
He doesn't want the hassle.

It must be a big hassle for him to take your money.:rolleyes:

Unless you're getting a fantastic deal, I'd let someone else work for my money.

Mulliga
November 2, 2004, 02:51 PM
because the form basically triggers an automatic audit of both the ffl and the buyer. He doesn't want the hassle

This is complete and utter BS. :cuss:

russlate
November 2, 2004, 02:56 PM
I put a Colt on layaway last month and last week went by to pick it up. while she was processing the papr on the layaway I spotted a Charter Arms Pathfinder 22 with 3" bbl in the case for $150. Almost maxed out my credit card ( ended up with $4.40 or something left ) but got it. No background check as I have a CCW permit.

I try to stay away from triggering a report to the BATFE but in this case, a 38 and a 22 revolver shouldn't make me look like a terrorist stockpiling for a raid.

Unless Kerry wins, that is. But then I'm going to be an enemy of the state anyway.

cordex
November 2, 2004, 02:57 PM
Funny ... I've never seen a dealer who didn't want to sell another gun ...

Then again, last night my waitress at Steak 'n Shake asked me to give her a smaller tip and I'd never had that happen before.

Graystar
November 2, 2004, 05:38 PM
There's no such federal law.

41mag
November 2, 2004, 05:45 PM
Odd,& I'm not naming names.

It seems to me that someone other than me has picked up two handguns at the same time from a few local shops.I "heard" that,on those occasions,the customer-being well known & all-filled out two completely seperate 4473s'.Not sure about the dates though,beings that it wasn't me.Just something I"might have" heard.:D :scrutiny: :D

lee n. field
November 2, 2004, 05:52 PM
No, not AFAIK. They will put your name on a list if you buy more than one at once, but it's still legal.

Campusninja
November 2, 2004, 06:01 PM
What if I bought a rifle and a handgun at the same store on the same day? Has anyone done this, and did you have any issues? A gun store a few hours away has the lowest prices on two products from the same company(CZ), I plan on getting both in one trip. Sorry to hi-jack your thread.
Thanks

Standing Wolf
November 2, 2004, 06:39 PM
You need to find a competent gun dealer.

outofbattery
November 2, 2004, 07:07 PM
Either he is misinformed or he has a reason to not want BATFe scrutiny . One of the few good parts of MA law is no restrictions on numbers of handguns purchased not having to wait for them ; you might get a phonecall politely asking why you purchases X number of guns in Y period of time ( like 9 guns in 2 days ) but it's a cursory check done under the auspices of trying to find straw buyers . Some can see that as an intrusion but I have no problem with it .

Sam
November 3, 2004, 04:04 AM
Multiple handgun sales within 1 month require reporting to BATF. They prefer immediate fax or that the form be posted by the end of the business day. Copy #2 goes to the State Police #3 for the dealers records.
Haven't hand any problems yet.

Sam
Notice I qualified that yet.

cratz2
November 3, 2004, 10:34 AM
I've bought multiple handguns on more than one occasion, only filling out one form and I've never been audited. Definately not a federal law limiting you to one gun per week. More like a state law or in your case, a gunshop rule. Even though, if there is any question, I'd go ahead and settle for letting one collect his dust for a week.

:p

warddc
November 3, 2004, 10:37 AM
The problem becomes I don't know which one to pick up today. I got a new cimarron 45 colt and a Kahr PM9...Hmmm life is good. I'm thinkin' that I want to shoot the colt this weekend but on the other hand the little 9 seems kinda fun...

d.

Black Snowman
November 3, 2004, 12:38 PM
That seems weird to me. Not long ago I went in to my local shop, The Bullet Hole (http://www.thebullethole.com), to get a CZ RAMI and ended up getting the 85 Compact while I was there since it was a limited run and on my "must have list". I didn't have to fill out anything extra and the dealer was profusely happy that I was giving them more money. The owner even took the time to make sure he shook my hand and thanked me personallyafter verfiying the paperwork.

RUT
November 3, 2004, 04:44 PM
>>Multiple handgun sales within 1 month require reporting to BATF<<

Actually, it's multiple hangun sales within one week, and from the same FFL holder at that.

rblack
November 3, 2004, 06:55 PM
I bought 4 handguns last week 3 days apart from the same dealer and I didn't have to fill out any extra paper work. I've bought multiple handguns lots of times in the same week and never had any problems at all.

spacemanspiff
November 3, 2004, 07:30 PM
i'm no expert, but i seem to recall that the total number of handguns allowed to be purchased without notifying the ATF was more than just two within any amount of time.
thought it was more like 3+.

anyways, i'd speculate that the dealer in question doesnt know the law (nor do i) and he may just be doing a CYA kinda thing.

however, if he is correct, he may be thinking he is doing the customer a favor by not having the ATF alerted to his purchases immediately.
sure, the ATF can come in at any time and peruse the yellow forms, but how often do they do that?

personally, i'd not want to be put up on the ATF radar screen if i can help it, call me paranoid or a retard or whatever.

what the customer can still do is pay for the guns, and have the paperwork filled out after the fact, when he actually takes possession of it.

Ala Dan
November 3, 2004, 07:35 PM
I was fixing to say, one day back in Oct. of 98 I bought 5
handguns in a single day from my FFL dealer.

Best Wishes,
Ala Dan, N.R.A. Life Member

Majic
November 3, 2004, 10:36 PM
My dealer has transferred several guns for me multiple times. Once he was what you might call audited about it. It amounted to a phone call to check that the info they had on the fax was the same as he had on his record. Sounds dumb as if the fax would change something, but that is what they did.

eclipse1
November 3, 2004, 11:10 PM
yeah right, in peoples republik of kalifornication its 1 gun a month..... its a state to state law i presume...

Highpower1
November 4, 2004, 03:34 AM
At the last gun show here in Atlanta that I attended, I purchased 3 handguns in a single day.

RUT
November 4, 2004, 06:41 AM
Ah, but were they from the same dealer?

Majic
November 4, 2004, 09:41 AM
We have the one a month law here in Virginia also, but we do have a couple of backdoors around it.

warddc
November 4, 2004, 11:09 AM
Here is the link to the BATFe regulation concerning this. It appears that if you buy more than 1 handgun in 5 business days, people will be asking alot of questions (feds, state police, etc...)

link: http://www.atf.gov/firearms/faq/faq2.htm#f5

text:

(F5) As a licensed dealer, must I advise ATF if I sell more than one handgun to an individual? [Back]

If you sell more than one handgun to any nonlicensee during a period of 5 consecutive business days, the sale must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, and forwarded to the ATF office specified on the form no later than the close of business on the day the second handgun was sold. A copy of the form must also be sent to the state police or the local law enforcement agency where the sale occurred. A copy must also be kept in the records of the dealer. [18 U. S. C. 923( g)( 3), 27 CFR 178.126a]

armoredman
November 4, 2004, 11:12 AM
Come to AZ - we'll fill out the 4473 to the limit, and more copies if needed. Buy as many as you want at once - the form is filled out by the store, and sent to BATFE for two or more handguns in a 5 day work week at one FFL. Of course, I wish I made enough money to buy a handgun every week!:cool:

Johnny Guest
November 5, 2004, 06:31 PM
The BUYER has no additional paperwork to do when making multiple purchases in a five-day period. The DEALER must fill out an additional single-sheet form with information he takes from the form 4473. Probably takes about two minutes to do, plus transmission/mailing time.

In the vast morass of paperwork an FFL must handle, this is a minor irritant. Perhaps this particular dealer has drawn some unwelcome BATFE attention recently and wants to stay off their radar?

Again, no big deal for the purchaser.

Best,
Johnny

Highpower1
November 6, 2004, 04:58 AM
you asked: Ah, but were they from the same dealer?

Answer:
Nope, was a good day at the gun show is all I can say. 3 different dealers with 3 different deals on 3 different guns that I "just had to have in my safe"

RUT
November 6, 2004, 07:48 AM
Know the feeling.... know it well!!:D

Brad Johnson
November 6, 2004, 02:16 PM
>>Multiple handgun sales within 1 month require reporting to BATF<<

Actually, it's multiple hangun sales within one week, and from the same FFL holder at that.

Yep, just like it says here...

If you sell more than one handgun to any nonlicensee during a period of 5 consecutive business days, the sale must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, and forwarded to the ATF office specified on the form no later than the close of business on the day the second handgun was sold. (emphasis added - Brad) A copy of the form must also be sent to the state police or the local law enforcement agency where the sale occurred. A copy must also be kept in the records of the dealer. [18 U. S. C. 923( g)( 3), 27 CFR 178.126a]

Brad

Marshall
November 6, 2004, 02:54 PM
Maybe it is "required" and some abide and some don't? I bought a revolver and pistol at the same time, carried them both out the door too. I didn't sign anything else.

russlate
November 6, 2004, 03:41 PM
I did get a call from the ATF some time back on my purchase of an Armalite 180 and a Mac-11. I responded I'd bought the AR, but not the Mac. Turned out the dealer was adding guns to the 4473 after the customer left. I was one of many who he'd done this to. I offered to testify against him, but unfortunately he was already in hot water for delivering a homemade bomb to a Carson City Highway Patrolman which caused the HP major damage though he lived. So I never got to rip my pound of flesh from him.

I do now make sure the 4473 is completed fully to indicate a single sale per yellow sheet.

Valkman
November 6, 2004, 05:41 PM
I've had to fill out the "mutiple hangun" form a couple of times since I moved to Vegas - thought it went to local LE, not the ATF. That's good to know!

My dealer told me that if I buy a gun from him and mention that I've bought another gun within the last two weeks, then he has to fill out the form.

But anyway they trigger no audits and my dealer didn't mind. Your dealer is mis-informed or has something to hide.

Gary G23
November 7, 2004, 09:06 AM
Look at it this way. If you wait a week the government won't have a record of your purchase, just the FFL. I would a lot rather wait the week and not have the government hassling me.

Hkmp5sd
November 7, 2004, 09:51 AM
Maybe it is "required" and some abide and some don't? I bought a revolver and pistol at the same time, carried them both out the door too. I didn't sign anything else.
Re-read Johnny Guest'a post. The BUYER doesn't do the paperwork, the dealer does. A dealer that doesn't "abide" is soon to be a former dealer. Unless he falsifies the date on the 4473s and his disposition record, his next audit will get him. Besides, why should he care? You are the one ATF visits if you raise too many flags, not him.

My dealer told me that if I buy a gun from him and mention that I've bought another gun within the last two weeks, then he has to fill out the form.
He's wrong. You could go to a gun show and buy one handgun from each table, in plain view of all othe dealers, and they do nothing as long as you only bought one gun from them. Besides, if you told him you bought the gun, how can he put the serial number down on the form?

FPrice
November 7, 2004, 09:57 AM
"Maybe it is "required" and some abide and some don't? I bought a revolver and pistol at the same time, carried them both out the door too. I didn't sign anything else."

The requirement only references handguns. It looks like you can buy a handgun and as many rifles/shotguns at the same time and the FFL does not have to report this.

Highland Ranger
November 7, 2004, 03:12 PM
I did it twice this year - gun store encouraged it by giving me a discount and I paid the nics fee once for two guns.

My brother did it as well.

We both saved a few bucks. They filed one 4473 in each case listing both guns.

No problem that I know of . . . .

RUT
November 7, 2004, 05:04 PM
Whether a dealer chooses to abide by the law is his problem. If it were me I wouldn't want to lose my license over it.

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