FFL transfer question:

[Tom Fury]

Have purchased at auction guns that were shipped to FFL holder while out of country. OK

Difficult to stay in touch with him as he holds license for store but no longer works there. Recently could not find him for a while (changed phone #)

Have asked him to transfer stuff (just give it to him) to another friend of mine with a safe; he says he can do that if:
He did not purchase for himself the guns he received for me (He didn't; I did)
He did not receive them intending to make a profit

Is he misinformed? I thought transfers would always require a 4473?


TF

 

[MtnCreek]

Does he still hold an FFL? If so, a 4473 is required unless he transfers to another FFL.

 

[Bubbles]

He's covering his rear and making sure that it's not a straw purchase, and that you didn't buy the guns intending to flip them to the guy you're having pick them up.

 

[Frank Ettin]

Several things don't compute:

1. How can someone hold the FFL for a store and not work there? Has the store gone out of business? Is the store still in business but no longer engaged in a business for which the FFL is required?
   
   
2. If this person is no longer engaged in the business of being a dealer in firearms, why does he still hold an FFL?
   
   
3. The gun was apparently shipped to an FFL. The FFL would have been required to enter receipt in his records. To "book" the gun off his records, the gun will need to be transferred on a 4473.
   
   
   • Question 11a on the 4473 asks (emphasis in origianal):

     Are you the actually transferee/buyer of the firearm(s) listed on this form. Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you...

     
     
   • Under the circumstances described, the OP's friend would have to answer "no" to Question 11a, and therefore the guns could not lawfully be transferred to him.

 

[NavyLCDR]

Have purchased at auction guns that were shipped to FFL holder while out of country. OK

Difficult to stay in touch with him as he holds license for store but no longer works there. Recently could not find him for a while (changed phone #)

Have asked him to transfer stuff (just give it to him) to another friend of mine with a safe; he says he can do that if:
He did not purchase for himself the guns he received for me (He didn't; I did)
He did not receive them intending to make a profit

Is he misinformed? I thought transfers would always require a 4473?


TF

This isn't making any sense.....

It seems like the only legal thing that can happen is that the current FFL can transfer the guns to another FFL for hold/storage until you can complete the form 4473 yourself and take possession of the guns. This would not require a form 4473.

Your friend cannot receive the guns for you because it does require a form 4473 to transfer them to your friend, IF your friend does not possess an FFL. Your friend would have to answer the question "Are you the actual purchaser of the firearm(s)" as NO in order to not lie on the form (which would be a Federal felony). The NO answer would disqualify your friend from having the guns transferred to him.

I see Frank beat me to it, and we are saying the same thing

 

[Tom Fury]

This is going

from bad to worse; all going back to FFL holder shop right now.
Thanks. TF