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MGM Tactical
08-26-2010, 7:38 AM
Hello everyone,

Can anyone tell me if delivery of a firearm after the 10 day waiting period must occur at the FFL's place of business? I thought I previously read somewhere that delivery could occur at a different location to accomodate special circumstances. I thought I would ask here before I call DOJ and ATF, although I will be calling them regardless.

Thanks!!

kemasa
08-26-2010, 7:55 AM
It has to take place at the FFL's place of business. There are some exceptions for gun shows.

jtmkinsd
08-26-2010, 11:45 AM
It has to take place at the FFL's place of business. There are some exceptions for gun shows.

(B) A person licensed pursuant to subdivision (a) may take possession of firearms and commence preparation of registers for the sale, delivery, or transfer of firearms at gun shows or events, as defined in Section 478.100 of Title 27 of the Code of Federal Regulations, or its successor, if the gun show or event is not conducted from any motorized or towed vehicle. A person conducting business pursuant to this subparagraph shall be entitled to conduct business as authorized herein at any gun show or event in the state without regard to the jurisdiction within this state that issued the license pursuant to subdivision (a), provided the person complies with (i) all applicable laws, including, but not limited to, the waiting period specified in subparagraph (A) of paragraph (3), and (ii) all applicable local laws, regulations, and fees, if any.
A person conducting business pursuant to this subparagraph shall publicly display his or her license issued pursuant to subdivision (a), or a facsimile thereof, at any gun show or event, as specified in this subparagraph.
(C) A person licensed pursuant to subdivision (a) may engage in the sale and transfer of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, at events specified in subdivision (g) of Section 12078, subject to the prohibitions and restrictions contained in that subdivision.
A person licensed pursuant to subdivision (a) also may accept delivery of firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, outside the building designated in the license, provided the firearm is being donated for the purpose of sale or transfer at an auction or similar event specified in subdivision (g) of Section 12078.
(D) The firearm may be delivered to the purchaser, transferee, or person being loaned the firearm at one of the following places:
(i) The building designated in the license.
(ii) The places specified in subparagraph (B) or (C).
(iii) The place of residence of, the fixed place of business of, or on private property owned or lawfully possessed by, the purchaser, transferee, or person being loaned the firearm.

Now finding an FFL that delivers is a whole different story

kemasa
08-26-2010, 11:57 AM
You also need to look at CA law.

jtmkinsd
08-26-2010, 12:02 PM
That copy is straight from CA pc.12071

kemasa
08-26-2010, 12:54 PM
And what does the Federal law say?

jtmkinsd
08-26-2010, 4:37 PM
And what does the Federal law say?

I've got nothing from Fed law that restricts it...are you saying this is a case where CA law is more lenient than Federal? If you have a paragragh number of something I'm missing I'd like to read it. Everything I've seen the Federal law basically leaves these types of decisions to the respective states

kemasa
08-27-2010, 9:25 AM
There are a lot of laws and restrictions, you need to be aware of all of them. One law can seem to imply you can do something, only to be banned elsewhere. You don't want to think that you can do business someplace when you really can't.

Yes, CA can be less restrictive, such as family transfers.

Eagle Armory
08-27-2010, 7:15 PM
From the ATF site

" (a)(1) A licensee may conduct business temporarily at a gun show or event as defined in paragraph (b) if the gun show or event is located in the same State specified on the license: Provided, That such business shall not be conducted from any motorized or towed vehicle. The premises of the gun show or event at which the licensee conducts business shall be considered part of the licensed premises. Accordingly, no separate fee or license is required for the gun show or event locations. However, licensees shall comply with the provisions of §478.91 relating to posting of licenses (or a copy thereof) while conducting business at the gun show or event.

(2) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location.

(b) A gun show or an event is a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community."

A FFL can only transfer firearms at their premises listed on their FFL or at the above mentioned gun shows.

Mssr. Eleganté
08-27-2010, 7:16 PM
I've got nothing from Fed law that restricts it...

18 U.S.C. § 923(j) and CFR § 478.50 and CFR § 478.100 are the parts of the Gun Control Act that address where an FFL may engage in "activity that requires a license." It looks like you can only engage in activity at your licensed premises or at a gun show in your State.