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View Full Version : certain BATF inspectors saying CA FFL consignment sales are illegal...


bwiese
12-21-2009, 11:31 AM
Certain BATF inspectors are telling some CA gunshops that consignment sales are illegal under CA law and "they could call the DOJ if they wanted to".

Obviously, this is completely wrong, and CA FFLs pass DOJ compliance audits with untold rows of non-Rostered consignment handguns on display.

If your shop stands well in a BATF inspection and this issue comes up and you're willing to push back, ask for it in writng.

If your shop somehow has some drama and this subject is also brought up, it may also help to ask for it in writing as this demonstrates overstepping bounds of competence.

OCArmory
12-21-2009, 7:35 PM
Thanks for the heads up.

kemasa
12-23-2009, 7:50 AM
The CA DOJ says otherwise as I have called and asked about this previously and the fact is that the BATF does not know CA laws. Some of them do not know their own laws. I had an inspector tell me that I had to ship all my 4473 to the out of business dept. because I had moved locations and was issued a new FFL number. It wasn't until I called that dept. and gave the inspector the name and number that she backed down.

It would be interesting to see if they would put it in writing since they have no authority in enforcing CA law.

Personally, I might just pick up the phone and offer to call the CA DOJ so that the person gets the answer from them directly :-).

EOD Guy
12-24-2009, 8:02 AM
The CA DOJ says otherwise as I have called and asked about this previously and the fact is that the BATF does not know CA laws. Some of them do not know their own laws. I had an inspector tell me that I had to ship all my 4473 to the out of business dept. because I had moved locations and was issued a new FFL number. It wasn't until I called that dept. and gave the inspector the name and number that she backed down.

It would be interesting to see if they would put it in writing since they have no authority in enforcing CA law.

Personally, I might just pick up the phone and offer to call the CA DOJ so that the person gets the answer from them directly :-).

They may not have authority to enforce California law but they can enforce Federal law that requires you to follow all State laws concerning firearms sales. I doubt they would do that unless you have already been cited by Cal DOJ.

kemasa
12-24-2009, 2:35 PM
Yes, they require that you follow all State laws, but they can not determine if you have actually violated state law as that is outside their knowledge. They can call the CA DOJ, but in this case nothing will happen since they are wrong.

In the past, I have been a bit surprised at the lack of knowledge of the laws outside of the area of a given group. The CA DOJ does not know about the CA BOE, nor the BATF, and the BATF does not know about the CA DOJ, nor even their own regulations in a different department (Inspectors vs. out of business records).

jmlivingston
12-24-2009, 4:08 PM
In the past, I have been a bit surprised at the lack of knowledge of the laws outside of the area of a given group. The CA DOJ does not know about the CA BOE, nor the BATF, and the BATF does not know about the CA DOJ, nor even their own regulations in a different department (Inspectors vs. out of business records).

Don't you love this? But we peon citizens had better know it because "ignorance is no excuse" and if we screw it up, it's off to the pokey we go. :(

John

bakokid
12-24-2009, 4:56 PM
what do u call 1000 BATFE agents at the bottom of the ocean..........a good start

Cokebottle
12-24-2009, 5:19 PM
what do u call 1000 BATFE agents at the bottom of the ocean..........a good start
But if you line them up end to end, you still won't reach a conclusion ;)