Are New York State dealers paranoid?
I just bought a revolver online from a man in California. He's willing to ship it to my local FFL dealer but the dealer says it's illegal for him to ship it and that it must be shipped from an FFL to an FFL. I quoted him the regulations from the ATF manual and Gunbroker shipping guildeines stating that a non-licensee can legally ship a firearm to a licensed FFL dealer but he says the book is wrong! He says an agent told him he can't accept a gun from an out-of-state non-licensee. Now the seller needs to find an FFL dealer and I'm going to have to pay TWO transfer fees when it should cost me only one.
I even spoke to ATF myself today and the agent said it's perfectly legal but some dealers don't know it.
Shouldn't FFL dealers know federal gun laws? I can understand if a dealer has a policy of not accepting guns from a non-licensee as that's their right but he swears it's against the law and won't do it because of that reason.
It just pizzes me off... [:(!]
I even spoke to ATF myself today and the agent said it's perfectly legal but some dealers don't know it.
Shouldn't FFL dealers know federal gun laws? I can understand if a dealer has a policy of not accepting guns from a non-licensee as that's their right but he swears it's against the law and won't do it because of that reason.
It just pizzes me off... [:(!]
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You might be a little paranoid too, if you knew minor mistakes could land you in prison for a very long time...some folks just do not understand the scrutiny dealers are under... 0 -
quote:Originally posted by ECC
You might be a little paranoid too, if you knew minor mistakes could land you in prison for a very long time...some folks just do not understand the scrutiny dealers are under...
I understand and respect a dealer's reluctance or even refusal to accept a firearm from a non-licensee and maybe "paranoid" is the wrong word. However, there's a big difference between "policy" and "law". I just think a dealer should know that difference rather than saying the ATF book is wrong.0 -
Get a conference call with that dealer and your local ATF "Industry Operations" examiner.
The LE side knows diddly. The Industry Ops people actually do this every day. They answer STUPID questions which are in the book, EVERY DAY.
D.0 -
I don't know if NY State has any laws regarding this but like you said fed. law states it's legal. I'm like you, if the dealer has his own policy on the matter that is 100% ok with me, his shop, his rules. But when someone will argue with the written laws claiming his policy is law, it's frustrating and probably time to move on.
What I believe it boils down to is the varying interpretations/knowledge of the laws told to dealer by individual ATF agents. Just like postal employees, some know the laws regarding shipping firearms and some think they do. Depending on who you talk to you are likely to get 4 different answers from 4 different agents regarding a specific question on any given day. Not all ATF agents are FFL inspectors, the others are probably not as familiar with current laws as the FFL inspectors are. All it takes is one agent to tell a dealer something and it automatically becomes "law". Hell, I've been told obviously wrong information from my FFL inspector before. They are the one the dealer has to answer to come inspection time. How many of you have been told, "spell out EVERYTHING on the form 4473", while others don't care if you abreviate? Same thing there.
Ben0 -
[:0] you can buy and sell guns in NY???
I learn something new everyday [:D]
sounds like it is time to find yourself another FFL dealer0
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