really need answers
- Thread starter dave1961
- Start date
- Status
Register to hide this ad
Fishinfool
Member
I would take it, and all associated paperwork and packaging to the FFL who was supposed to receive it. I would think he could still do the legal transfer.
Larry
Larry
In Missouri, you're fine. Leave it alone . . .
Alpo
Member
What state was the seller in?
The sending FFL screwed up, not you. Depending on your state laws it may not be an issue. Here in WA it would be because all transfers have to go thru an FFL in this state. I'm thinking if you're in a state with nothing but federal law you're probably OK, but I'm not going to bet the ranch on it.
At least call the shipping FFL and inform them of their screw up.
At least call the shipping FFL and inform them of their screw up.
Last edited:
WHOA!!!!!
Correct if you said let it go. The OP violated no laws. The FFL shipper did it wrong but the fact is that if his home state of Missouri is not an anti-gun state then they take no interest in these errors.
Going to an FFL in MO to rectify the shipper's error is a fruitless exercise with no benefit to the system, not to the ATF, not to the original seller, not even to the FFL who shipped it. That guy THINKS he did it correctly. His records will indicate that.
And then the gun just becomes legally owned in Missouri. No harm, no foul.
Nobody cares.
Been there, done that, once the gun hits a "good" state it's just "there", legally owned by a law abiding citizen, and the law does NOT require the new owner to rectify the "problem". Because, bottom line, there is no actual problem.
Think it through in a totally different way - the Federal law requires the FFL shipper to send the gun to an FFL in another state. The gun falls off the UPS truck. OP finds it and it has no labels (let's make that assumption because otherwise you know we would all contact the shipping FFL). What's he gonna do? Nothing to be done. It goes into his safe.
Here's a different scenario.
You own a pistol in a state that requires a license. The gun was given to you and you hid it away. You move from "bad" state to "good" state and the gun is in your moving van and then in your house. VOILA! A perfectly legal pistol.
Same thing here. Done and done. Don't make a mountain out of this molehill. No laws broken, no harm, no foul.
Correct if you said let it go. The OP violated no laws. The FFL shipper did it wrong but the fact is that if his home state of Missouri is not an anti-gun state then they take no interest in these errors.
Going to an FFL in MO to rectify the shipper's error is a fruitless exercise with no benefit to the system, not to the ATF, not to the original seller, not even to the FFL who shipped it. That guy THINKS he did it correctly. His records will indicate that.
And then the gun just becomes legally owned in Missouri. No harm, no foul.
Nobody cares.
Been there, done that, once the gun hits a "good" state it's just "there", legally owned by a law abiding citizen, and the law does NOT require the new owner to rectify the "problem". Because, bottom line, there is no actual problem.
Think it through in a totally different way - the Federal law requires the FFL shipper to send the gun to an FFL in another state. The gun falls off the UPS truck. OP finds it and it has no labels (let's make that assumption because otherwise you know we would all contact the shipping FFL). What's he gonna do? Nothing to be done. It goes into his safe.
Here's a different scenario.
You own a pistol in a state that requires a license. The gun was given to you and you hid it away. You move from "bad" state to "good" state and the gun is in your moving van and then in your house. VOILA! A perfectly legal pistol.
Same thing here. Done and done. Don't make a mountain out of this molehill. No laws broken, no harm, no foul.
Buick
Member
Had same happen
I returned to shipping FFL without opening and they corrected.
I returned to shipping FFL without opening and they corrected.
Art Doc
SWCA Member, Absent Comrade
I had this happen and I took the gun to the FFL who logged it and I did the 4473 gave him $20 and took the gun home. I don't know if I bore any responsibility for the error but I DO NOT WANT TO MESS WITH THE ATF. If there were any repercussions at the very least someone would show up my door (don't want that) and seize the gun for evidence (really don't want that.) Not impossible I could be accused of some crime for keeping the gun (really, REALLY don't want that.)
To the guy in MO saying he'd be fine in that state, federal laws are not enforced in MO?
To the guy in MO saying he'd be fine in that state, federal laws are not enforced in MO?
I'm the guy in MO saying he's fine. Your question is a little silly, and kinda facetious. Missouri has no registration of firearms. The FFL records the serial number on the 4473 and in his bound book, but doesn't tell ATFE about it. He holds the 4473's and his bound book until he retires, then they go to that warehouse where the Ark of the Covenant is stored. When the fella who shipped it has his audit, if he ever does, he's the one that may have an uncomfortable few minutes. The fella in MO did nothing illegal. He is legally able to possess a firearm in Missouri. He purchased a firearm. It showed up. It is not that fella's job to keep the shipper out of trouble. At worst, he may ultimately have to pay an FFL to do a NICS, but I doubt anyone will get that far.
His answer to any questions, which would be my answer: "I thought the FFL knew what he was doing. . . "
As for not attracting ATFE's attention, if it occurs, it's gonna occur regardless of whether or not he does a 4473, because of the reasons I described above. In your incident, neither the shipping FFL nor the ATFE has any electronic record of a NICS check for your specific firearm. The only record is the paper 4473 that you filled out. If a question arises about that transaction that requires further investigation, ATFE is still gonna come to your house, and your response should still be "I thought the FFL knew what he was doing . . . "
Last edited:
5-Shot
Member
I consulted a retired federal prosecutor who pulled the GCA 1968 and re-read the applicable section. To "knowingly receive" in the situation as it was described is a felony.
Ed
Ed
True. But the OP didn't "knowingly" receive it. It's also a felony to "knowingly transfer". That didn't happen either. It showed up. Call your first witness . . .
Last edited:
5-Shot
Member
Maybe so. I'm not the lawyer. But I certainly wouldn't want to risk needing one.
Ed
- Status
Similar threads
- Locked
Sold/Withdrawn
WTS 38 S&W British Service Revolver price drop $500
