The shipping FFL must complete a 4473 showing the transfer to the distant FFL holder, and retain a copy of the distant FFL holders FFL. (Note, this can be somewhat controversial at a later date during an ATF compliance inspection, and depending on the inspector subjectiveness. Some will say that a printed copy of the results from an ATF E-Z Check suffices, others will require the presence of the FFL copy). The distant FFL holder will show acquisition from the shipping FFL, and will in-turn require the receiving individual to complete a 4473 and background check, and show disposition to the individual.
The rub comes when a FFL holder is also a UPS/FedEx/USPS shipper, and merely provides a 'convenient', no hassle shipping point. If the FFL holder does not do as mentioned above (bound book entries to show acquisition and disposition) and the receiving FFL shows acquisition as being FROM the FFL and not the INDIVIDUAL, then the 'audit trail' of the firearm is broken. Believe me it happens. Joe's Gun Shop, 123 Any Street, Yourtown, XX, (address on the UPS/FedEx/USPS label) ships a gun to Bob's Sports Shop, 789 Backstreet, Histown, YY (both FFL holders). Bob's enters the gun in his bound book as being acquired from Joe's, or contacts Joe's and says "I need a copy of your FFL," despite a note inside the packaging that has all the information (name, address, photo copy of driver's license, et al) regarding the INDIVIDUAL that actually had the gun shipped. From this point on things can get messy - DAMHIKT.
As I mentioned I work in a gun store, and handle a number of transfers. I also see one of the local ATF guys about once a week - he buys a lot of stuff. It's a good time to get clarification. That said, his recommendation (and he has done our compliance inspection in the past) is that if it comes in the front door and goes out the back is should be logged in the bound book. I'll add that there is a company out there called FFL-Guard. Their staff is comprised largely of lawyers intimately familiar with firearms law, and former ATF agents and inspectors. Their job, if hired, is to provide procedural counsel to FFL holders regarding day-to-day operations and in court. Their recommendations mirror those of the local agent I spoke of.
As I alluded to in an earlier post, few have contributed here that hold or operate under a FFL (sorry, C&Rs don't count). As such much that has been professed here should be be considered advice from an arm-chair quarterback, or barracks lawyer. Yes, there have been some truths expressed as to how and individual can legally (according to the ATF) ship or transfer a firearm; and yes, there have been some truths on how the various shippers will say it can't be done, whether the clerk or counter person actually knows, or whether it is the shippers policy. Just as a FFL holder can determine how or if he does transfers while maintaining compliance, so to can a shipper. Just because it's legal doesn't mean they HAVE to do it.
. . . . flak jacket on . . . .
WOW, talk about not knowing. Impressive
