QUESTION ABOUT ATF RULES AT AUCTION

[johnny blaze]

I am going to attend an auction in a week or so.
I was just reading the comments on the rules that the auction is going to follow on his web site.
I have never purchased more than one hand gun at the same time before.
There are several that I am interested in at this sale. Maybe I won't get any, who knows.
In the rules, the auctioneer states that if you purchase more than 1 hanggun, you must fill out ATF form 3310.4. One copy of this must be sent to the ATF National Tracing Center, 1 copy to Local or State Law Enforcement.
Is this correct?
1 more copy is to be kept by the auctioneer.
What Local or State Law Enforcement agency is it to be sent to? I guess that I am trying to figure out the reasoning behind this, if there is one. Also what does local law enforcement do with this?
One thing that I do not like about the auction is that all the firearms are secured with straps or whatever so that the action cannot be worked, If you purchase, you must make it to the holding area and check the firearm within 15 minutes to ensure the action works, if you do not make it, the weapon is yours either way.
I have never seen this done at an auction before, however, I can see the reasoning to this, in this day and age.

 

[Gator]

Form 3310.4 is the "Report of Multiple Sale or Other Disposition of Pistols and Revolvers". You should not have to fill it out or send it anywhere, the seller should do that. Anytime more than one handgun is sold the dealer sends in this form, if they want you to do it they should at least give you the addresses to send it to!

 

[Eightball]

In the rules, the auctioneer states that if you purchase more than 1 hanggun

If you need more than one hanggun, then they did a bad job the first time

I had never heard of this form; but, from what you said, it sounds like you fill out the form, and it is sent--which does not say "you fill out form and send", indicating that the filler does the sending as well. But that is me being a grammer nazi, I assume the seller will take care of the mailing, it would seem to be his responsibility.

 

[deadin]

The licensee is responsible for filling out and filing the form.

§ 478.126a Reporting multiple sales or other disposition of pistols and revolvers. Each licensee shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more,
to an unlicensed person: Provided, That a report need not be made where pistols or revolvers, or any combination thereof, are returned to the same person from whom they were received. The report shall be prepared on Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers. Not later than the close of business on the day that the multiple sale or other disposition occurs, the licensee shall forward two copies of Form 3310.4 to the ATF office specified thereon and one copy to the State police or to the local lawenforcement agency in which the sale or other disposition took place. Where the State or local law enforcement officials have notified the licensee that a particular official has been designated to receive Forms 3310.4, the licensee shall forward such forms to that designated official. The licensee shall retain one copy of Form 3310.4 and attach it to the firearms transaction record, Form 4473, executed upon delivery of the pistols or revolvers.

 

[johnny blaze]

Thanks for the replys everyone.
I was not sure of the rules on multiple purchases of handguns. I have got all the other regulations down. I will add this information to my legal files for future reference.

 

[gezzer]

Does the Auctioneer even have an FFL? They do not need one when selling the whole estate. Some will not have one and think you have to fill out all the paperwork and the keep it for what I have no idea.

Some hire an FFL to do the transfers but if they do the are not supposed to deliver from other than their licensed premises as it is an auction not a gun show.

In my area more auctioneers are becomming FFL's them selves and then hire the local gun dealer to work for the auction house for the day. That makes everything legal and helps cover the auctioneer from lawsuits.