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Question about legal transfers.

Discussion in 'Legal' started by bkjeffrey, Dec 22, 2012.

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  1. bkjeffrey

    bkjeffrey Member

    Joined:
    Aug 12, 2007
    Messages:
    753
    Location:
    Southern states
    Short story. Ive been buying, selling and transferring guns through the same small gunshop since I got stationed in this small MS town in 2003. Never had an issue and have developed a good friendship with the owner. As some of you know I am deployed to the middle east again and have had a few guns sent to his FFL for transfer to me upon my return. I do this every deployment with no issues. I deploy, buy guns via internet and send them to his store, he holds them until I return and then I pick them up and pay the xfer fee.

    Now comes my question. I have two AR lower receivers that have been at his store for about three months and Im not due to return home till the middle of next year. Can I send my wife in to fill out the 4473 and pick them up for me? She has a full Power of Attorney for me and can legally act on my behalf in all matters. Does this apply to guns as well? Normally I wouldnt be worried but in what if there is an AWB before I can personally return home and pick them up. What happens then if AR15s get banned in my absence, can I still get them because I technically "bought" them prior?

    Whats yall thoughts?

    P.S. I already had her go in there and he wouldnt do it. He told her "tell him not to worry, theyre safe with me". But at that I fall back onto the Power of attorney question.
     
  2. bikemutt

    bikemutt Member

    Joined:
    Dec 24, 2010
    Messages:
    4,480
    Location:
    Vancouver, WA
    Strictly speaking I don't think she could do this without lying on the 4473, question 11a. "Are you the actual transferee/buyer...".

    Now, if she decided to buy them herself and give them to you for a homecoming gift, that would be perfectly legal. It may be too late for that however since the FFL has already been presented with a different angle and declined.
     
  3. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    bkjeffrey,

    You are the legal owner of the firearms. You just don't have possession of the items you own. If you know the serial numbers of the lowers, sell them to your wife, with a bill of sale created that you sign as a receipt for her money listing the lowers by serial number as the items purchased. She takes that bill of sale to the FFL as proof of legal ownership for transfer to her, and she does the form 4473 just like any other purchaser would. If he won't transfer the firearms to her, than have him transfer the lowers to another FFL that will.

    If it is that important to you, she might have to take the bill of sale and your original receipt for the lowers showing they were your property to legally sell, and file a claim in small claims court for either the lowers themselves or for the value thereof.
     
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