Q&A with the ATF regarding C&R record keeping.

walnutred

US Veteran
Joined
Jan 24, 2007
Messages
4,609
Reaction score
3,456
Location
Ohio
Mr. Sellers,



Thanks again for your inquiry.



Sorry for the delay in answering your questions that were posed to our Columbus FD mailbox last week. I wanted to run the questions by our HQ Specialists to ensure that I provided correct responses. I received a response from them today.



1.) You are not required to enter any of the firearms in the log that you owned prior to becoming a licensee.

2.) Again, no. You are not required to enter any of these firearms acquired prior to being licensed into the log should you decide to sell any of them. Only those that you are obtaining with your C&R license would you need to enter.



Of course we always encourage all transfer information to be recorded in the event of a firearm trace request. We have a handy publication that we encourage our FFL holders to provide to their nonlicensed customers for that purpose.



http://console.mxlogic.com/redir/?2Oeud7aarzxJAsZssYMqejo0bpKYhGpNpIwvaSPBm5cgGowvnkcmPpKBRyXbaaptXBA7jt-hojuv78I9CzATsSHIp7BEgU_FNGGgSto-2CW8l4u8RcCQmmrFCQmkjhOyOOUqejhOrhhdyjgbd44E2PsEBzs_3VU3zq9J4SOeuKeuhsdS_k1T9H8">www.atf.gov/publications/download/p/atf-p-3312-8.pdf



Please contact me if you have additional questions.





Hello,

I have recently been issued a C&R FFL and after reviewing the regulations to the best of my ability and your FAQ section on the web site I still have a few questions regarding the bound book.

1: 27 CFR 478.125(f) requires me to keep of bound book of C&R transactions. Do C&R eligible firearms I acquired BEFORE obtaining the C&R FFL also have to be entered in this bound book. Some of my firearms I've had for over 40 years and at this point cannot remember exactly where or when I acquired them.

2: If I dispose of a C&R eligible firearm acquired before I obtained a C&R FFL does the disposition need recorded in the bound book?


Thank you for your assistance. If these questions have already been answered in an interpretation letter please direct me to that letter as I could not find it.

J. Sellers
XXXXXXXXX
XXXXXXXXX

Marilynn Trombatore

ATF

IO Investigator

Columbus FD

614-917-1940

cell 513-305-4727
 
Register to hide this ad
Thank you for posting this. As a fellow cruffler I find it useful.


I've seen this question posed more than once on on-line shooting forums and each time there have been multiple answers. When I renewed my C&R I decided to ask the ATF. I first sent the query to the main ATF web site and they deferred me to my local field office. So there is ALWAYS the chance that your local office could interpret things differently. But we knew that didn't we? So I printed off the e-mail and attached it to my bound book, for what it's worth.
 
I think your guy is wrong on #2. Note that the law says each disposition by a licensed collector SHALL be recorded. "Shall", in legal uses, doesn't give you an option to not do so.

For items I had before I was licensed that I want to dispose I just enter as "prior collection" so it can then be logged out.
§ 478.125 Record of receipt and disposition (f) Firearms receipt and disposition by licensed collectors. Each
licensed collector shall enter into a record each receipt and disposition of firearms curios or relics. The record required
by this paragraph shall be maintained in bound form under the format prescribed below.

Original text will be found on page 8:
http://www.atf.gov/publications/download/p/atf-p-5300-11/atf-p-5300-11.pdf
 
Last edited:
I have not sold a C&R handgun since acquiring my 03 license, but it is my intention to enter any such sale in my book just to err on the side of completeness. On the left side of the page where I record a sale I plan to enter the notation "Acquired before receipt of C&R License."
 
Here we go again!!:eek:
Get your popcorn and pull up a chair....;)

The answer to question #1 is correct, however I have seen question #2 answered both ways, so it's pretty much whatever the licensee is comfortable with.
I tend to agree with zoom6zoom. If whoever determines which way is correct decides that entry is required, I will already have them entered. If they decide that entry isn't required, I will have done just a minor bit of extra work. (And it helps me keep track of where my gun went.....;))
 
As far as I'm concerned, codified code is always going to overrule an agent's letter. And as mentioned, there's no reason not to, it takes just moments.
 
As far as I'm concerned, codified code is always going to overrule an agent's letter. And as mentioned, there's no reason not to, it takes just moments.

Good rule to live by. A letter may very well provide a safe harbor-but Why chance it? At least that is what I would advise a client.
 
25 plus years ago, when I had an FFL, I was told too enter my personal firearms in the log and mark them ( Personal Firearms)
 

Latest posts

Back
Top