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Question for 01 FFL holders.

41 nut
Anyone know the required paperwork by ATF when State Police consficate a stolen rifle from a dealer. Do I just enter it in my bound book as consficated by State Police officer so and so or do I require him to fill out a 4473 and do the background check before turning the gun over? Anyone been in this situation before and know the answer? I'll probably have to give ATF a call Monday morning to find out the proceedure.
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Comments

8 comments

Date Votes
  • mark christian
    Are you saying that a cop simply walked in, told you that a gun in your inventory was stolen and then took it?
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  • 41 nut
    No. State trooper called me then came in to check to see if I had recently bought 2 rifles from an individual who had been caught with a stolen gun. Same owner was also missing two other rifles I had recently bought two rifles matching the description from the arrested individua. Trooper had the description of the rifles and the ones I had bought from that individual matched. Trooper does not have the serial numbers of the guns at this time, but is suppose to obtain them from the owner Monday. Then if the serial numbers match he said he will have to confiscate the rifles. Trooper was on duty and in uniform driving a state police cruiser.
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  • mark christian
    There will be an order from the State Police to forfeit the firearms. The trooper does not have to fill out a 4473 because he is not having the firearms transferred to himself, he is taking them on orders of the State Police. Law enforcement agencies are exempt from 4473s (you can't run a Brady Check on your state police) so the order to forfeit is all that you need. Simply enter Surrendered to State Police into you A&D Book along with the date and keep the forfeiture notice for your records,

    That is it.
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  • 41 nut
    Thanks Mark. Figured it would be something like that or a receipt on State Police letterhead.
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  • mark christian
    quote:Originally posted by 41 nut
    Thanks Mark. Figured it would be something like that or a receipt on State Police letterhead.


    That will work just as well, just be sure that you get something from the agency showing the guns by serial number. This sort of thing happens from time to time and all you can do is say to yourself "If they were my guns that were stolen I'd be thankful that the cops found them so that I could get them back".
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  • MFI
    Make sure you are included in the criminal proceedings as a victim. You are now out the money you paid for these guns.You can sue the criminal for your money back. This just happened to us and the Assistant DA for our county "forgot' to include us in the process . We can go back and sue the individual who originally stole them but it takes plenty of time for the process to come around.
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  • mrs102
    I would expect the State Police to serve you with a search warrant or other court/judge signed legal notice, specific to those two firearms, to seize them. In order to preserve the "chain of evidence" you should receive a "receipt" of some sort. I also would expect them to request/demand copies of the paperwork for the transaction, and how you identified him/her as the seller. I would further expect them to present you with a photo line-up including the suspects photo to see if you can verify his identity in that manner. I believe you should also provide them with a statement of non-consent to being a victim of the crime committed by this perpetrator, demand/request prosecution for any crimes committed against you and demand restitution to the full extent allowed by law in your state. In my State, that can be up to three times the "value" of the crime.
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  • 41 nut
    MFI, State Trooper has already told me that when and if he confiscates the guns that he will apply to and recommend to the DA that I be reimbursed what I paid for them as the victum. Person who owned the guns needs to come up with the serial numbers before anything happens. I've agreed to take them out of the for sale rack for awhile.

    As I operate a shop I have a bill of sale signed by the seller using his drivers license or other state ID for identification listing the gun(s) by make, model, cal, and serial number.
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