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FFL question

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eastwood44mag

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I was told by a dealer today that he will send a copy of his license on request, as part of a transfer, but that legally he has no obligation to do so.

I'm not a lawyer or a dealer and I'm not trying to start a fight. I just want to know if that is the case.

Does a dealer have to send his license with a firearm being transferred, or does the recipient have sole responsibility to send one?

Thanks.
 
Since you do not need to even have an FFL to ship a weapon, as long as you are shipping to an FFL, why would he be required to provide you with a copy?
 
how do you know he has a license if he doesn't give you a copy (presumption of some kind of shipping involved rather than face to face transaction)?
 
An FFL Dealer in Firearms does not need to send a copy of his license to a dealer he is shipping to.

The only rule is that the person receiving the firearm must have an FFL. Before a Dealer would ship a firearm to another Dealer, he would need to obtain a copy of the receiving Dealer's FFL.

Anyone can ship a firearm, you don't need a license to do that.

(Any exceptions to the above would not apply to your question)
 
If an FFL ships to another FFL it is courtesy to send the FFL with the firearm. Some FFLs don't take shipments from non-FFLs. That's the explanation I got from mine when I asked him why HiPowerIndiana sent his FFL with the rifle I bought to my FFL. Good guy to deal with by the way.
 
Ilbob nailed the point I was trying to get at.

Since I have to log-in any received firearms, it helps to know where they're coming from.
 
how do you know he has a license if he doesn't give you a copy

Have him give you his FFL number and run it through ATF's EZCHECK.

As stated, a signed copy of the senders FFL is not required by federal law, probably because you do not need an FFL to ship a firearm.
 
Does a dealer have to send his license with a firearm being transferred, or does the recipient have sole responsibility to send one?

Um, no and no. You've set up a false dichotomy, because neither half of your either/or question can be answered "yes."

As to the first part, under federal law, there is NO requirement that the person shipping a firearm to an FFL holder actually BE an FFL holder. In other words, private individuals are free to ship firearms interstate to FFL holders. Consequently, there is no requirement that a copy of an FFL be sent "with a firearm being transferred."

That said(tm), the FFL holder RECEIVING a firearm needs to log it in and include evidence of where it originated. Typically, that means a photocopy of the sender's driver's license, if the sender is not an FFL holder. If the sender is an FFL holder, however, it is common practice for the sender to send a copy of his or her FFL for the receiver's log book. It is not required by law, however.

As to the second part, there is also no requirement that an FFL holder send a "copy" of his FFL to someone who is sending him a firearm. There is a requirement that FFL holders who are shipping firearms interstate VERIFY that the receiving party is actually an FFL holder entitled to receive the shipment, and maintain a record of that verification. Up until about a year or so ago, that was typically done by obtaining a copy of the receiving party's FFL, signed in ink, for your logbook. With the advent of EZ Check, however, you can now obtain adequate verification by getting the receiving party's FFL number (part of it, actually) over the phone and running it through BATFE's online EZCheck system.

So nobody is actually legally obligated to send copies of FFL's to anyone.
 
Father Knows Best said:
As to the second part, there is also no requirement that an FFL holder send a "copy" of his FFL to someone who is sending him a firearm. There is a requirement that FFL holders who are shipping firearms interstate VERIFY that the receiving party is actually an FFL holder entitled to receive the shipment, and maintain a record of that verification. Up until about a year or so ago, that was typically done by obtaining a copy of the receiving party's FFL, signed in ink, for your logbook. With the advent of EZ Check, however, you can now obtain adequate verification by getting the receiving party's FFL number (part of it, actually) over the phone and running it through BATFE's online EZCheck system.

So nobody is actually legally obligated to send copies of FFL's to anyone.

That is incorrect. In a transfer between licensees, the shipping licensee must obtain a certified copy of the receiving licensee's FFL prior to shipment. This is required by 27CFR §478.94. Licensees cannot use eZCheck for this purpose, although nonlicensees can.

The only change to this that was made recently was that the copy of the license could be sent by fax and did not have to be mailed.

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F_Conduct of Business

Sec. 478.94 Sales or deliveries between licensees.

A licensed importer, licensed manufacturer, or licensed dealer
selling or otherwise disposing of firearms, and a licensed collector
selling or otherwise disposing of curios or relics, to another licensee
shall verify the identity and licensed status of the transferee prior to
making the transaction. Verification shall be established by the
transferee furnishing to the transferor a certified copy of the
transferee's license and by such other means as the transferor deems
necessary:
 
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