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Here is what your FFL is saying and why -
Disclaimer - I am not a lawyer, but the law is pretty clear that a FFL legally has to maintain a “who the firearm came from / went to record)


Where doe it say that in the law - 27 CFR section 478.121 - all FFL’s must retain records of any firearm records (This is the FFL Aquistiion and Disposition book)
Note - CFR = Code of federal regulations, 478 = commerce in firearms and ammo.
Or just go right to the ATF source......
https://atf-eregs.18f.gov/478-121/2019-06264#478-121

c. Each licensed importer, licensed manufacturer, licensed dealer, and licensed collector shall maintain such records of importation, production, shipment, receipt, sale, or other disposition, whether temporary or permanent, of firearms and such records of the disposition of ammunition as the regulations contained in this part prescribe. Section 922(m) of the Act makes it unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain any such record.

Notice the last sentence.... unlawful to make any false entry or fail to make an appropriate entry.... This means get some form of acceptable ID from the person sending you the firearm.
So this is NOT about drivers licenses... it’s NOT about 4473’s (buyers record / background check)... it’s about A&D record the FFL must keep by law.

BTW - Acceptable forms of ID... there are multiple, the Drivers license is one...

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Just what part of the BOLD RED HUGE Font is in any way unclear? It is not required by the ATF. None of what you wrote states that providing a name and address is knowingly putting in false information, or failing to maintain a record. It isn't. Indeed, the FFL dealer puts in his log book the information provided to him. He has fulfilled his obligation, unless he knew, or had very good reason to know it was false. You're waving your hands there and implying that the failure to do an extra verification that the FFL isn't required to do is knowingly putting false information into his logbook. The buyer sends to my name and address payment. The rifle ships from my name and address. Perhaps I should require the receiving FFL to send me a full resolution copy of his DL, and that of the buyer as well for my records. It is just as illegal for me or any nonlicensee to knowingly sell to someone who is a felon or otherwise illegal to own or possess a firearm. A photocopy of an FFL license is just a piece of paper after all. Gotta have that DL on my records to prove the FFL is actually the same as on his copy. What you are implying is the FFL go above and beyond what is necessary. I can sell a rifle in person and the law would imply exactly what you have. If I KNOWINGLY sell to a convicted felon, I'm in deep doo-doo. But I could sell to one and if I didn't know and had no good reason to know, I'm not. The law doesn't require the nonlicensee selling and shipping to do a NICs background check and form 4473. If they did, then the DL or other ID like a U.S. passport would be required.

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I use my DL with the actual license number blacked out when I ship and never had any one bitch.When I had my FFL I never sent a copy to a buyer,only the FFL licensee I was shipping to.As far as I am concerned the seller sets the conditions and if I can`t live with them I move on.Folks get butt hurt over minor things.At this time of the year we should be thankful to be alive and in decent health.Everything else is minor BS.


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Stupidity left unattended will run rampant
Don't argue with stupid people, They will drag you down to their level and then win by experience
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Originally Posted by Spotshooter
Here is what your FFL is saying and why -
Disclaimer - I am not a lawyer, but the law is pretty clear that a FFL legally has to maintain a “who the firearm came from / went to record)


Where doe it say that in the law - 27 CFR section 478.121 - all FFL’s must retain records of any firearm records (This is the FFL Aquistiion and Disposition book)
Note - CFR = Code of federal regulations, 478 = commerce in firearms and ammo.
Or just go right to the ATF source......
https://atf-eregs.18f.gov/478-121/2019-06264#478-121

c. Each licensed importer, licensed manufacturer, licensed dealer, and licensed collector shall maintain such records of importation, production, shipment, receipt, sale, or other disposition, whether temporary or permanent, of firearms and such records of the disposition of ammunition as the regulations contained in this part prescribe. Section 922(m) of the Act makes it unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain any such record.

Notice the last sentence.... unlawful to make any false entry or fail to make an appropriate entry.... This means get some form of acceptable ID from the person sending you the firearm.
So this is NOT about drivers licenses... it’s NOT about 4473’s (buyers record / background check)... it’s about A&D record the FFL must keep by law.

BTW - Acceptable forms of ID... there are multiple, the Drivers license is one...


My take away from the last sentence, is the word “knowingly” to mean “knowingly falsifying” the information, or to “not” make the entry and to not keep the entry.

It does NOT say the FFL must become super sleuth....

Last edited by Boonechaser; 11/30/19.
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“ Fail to make appropriate entry “. pretty much covers it...

The ATF actually trains people when they get their FFL on these things
- only those who don’t want to comply would ignore them, in which case they can get in trouble fast for not having records they are supposed to keep.

I.e. - you don’t have to be a super sleuth to ask for ID.. hell I did that when I worked at a Bar.. LOL..

Super Sleuth... Good one. But not a valid excuse ( I didn’t ask for ID ... I’m not a super Sleuth... hahahaha)

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Originally Posted by Spotshooter
“ Fail to make appropriate entry “. pretty much covers it...

The ATF actually trains people when they get their FFL on these things
- only those who don’t want to comply would ignore them, in which case they can get in trouble fast for not having records they are supposed to keep.

I.e. - you don’t have to be a super sleuth to ask for ID.. hell I did that when I worked at a Bar.. LOL..

Super Sleuth... Good one. But not a valid excuse ( I didn’t ask for ID ... I’m not a super Sleuth... hahahaha)

The BOLD RED FONT above which addresses this EXACT SITUATION of the requirements for a nonlicensee shipping to an out of state FFL dealer "pretty much covers it". The FFL NEWSLETTER is produced by the ATF to provide guidance to FFL dealers. It is vetted, produced and distributed. They can't provide that written guidance and then arbitrarily interpret another statute in direct opposition of each other to prosecute. A defense lawyer would carve them up in court. It isn't backhanded speculation by an internet poster copying and pasting a different regulation who chooses to interpret in his own fashion. KNOWINGLY .... means something. Nice try and thanks for playing sport.

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If you don't want to send your DL that's ok. It's your choice on who you want to sell to. You have the right to choose that.

The FFL I currently use and the previous I used in a different location require either a copy of the driver's license or the sender's concealed carry permit. When I asked the first FFL about why he required it his answer was very simple...."because the ATF wants it when they audit me". He said on his last audit that any transfer that didn't have license info was a MASSIVE headache when dealing with the auditors. He said it was a big deal to go through the audit anyway but after the few that he didn't have driver's license info on them there was no way he'd accept a transfer without it. It's ok for him to require a DL for the transfer...he has the right to choose that.

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Originally Posted by Spotshooter
“ Fail to make appropriate entry “. pretty much covers it...

The ATF actually trains people when they get their FFL on these things
- only those who don’t want to comply would ignore them, in which case they can get in trouble fast for not having records they are supposed to keep.

I.e. - you don’t have to be a super sleuth to ask for ID.. hell I did that when I worked at a Bar.. LOL..

Super Sleuth... Good one. But not a valid excuse ( I didn’t ask for ID ... I’m not a super Sleuth... hahahaha)


I guess the ATF will have to come for me and my friend’s FFL.
I’m good without sleuthing at all.
It’ll be NH bound in a bit per our conversation.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Rifle is SPF to NH K9.

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Originally Posted by Spotshooter
“ Fail to make appropriate entry “. pretty much covers it...

The ATF actually trains people when they get their FFL on these things
- only those who don’t want to comply would ignore them, in which case they can get in trouble fast for not having records they are supposed to keep.

I.e. - you don’t have to be a super sleuth to ask for ID.. hell I did that when I worked at a Bar.. LOL..

Super Sleuth... Good one. But not a valid excuse ( I didn’t ask for ID ... I’m not a super Sleuth... hahahaha)


You’re exactly right! “Fail to make appropriate entry” clearly means to fill out fully and in appropriate entry locations on the form. Otherwise it would state “fail to make “verified” entry.

Supplied text clears up any assumptions, a drivers license is not needed and any FFL.

Just trying to be a “super dick”, a step above your everyday, run of the mill, super sleuth!

Last edited by Boonechaser; 12/01/19.
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