Thread: Cable lock scam
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Old 02-17-2012, 7:45 AM
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halifax halifax is offline
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Quote:
Originally Posted by Flintlock Tom View Post
I don't understand this. I read the Wiki and it quotes the .gov regulation which clearly states a gun safe is an acceptable “secure gun storage or safety device”.
It also states that the BATF does not recognize the CA Safe Affidavit, however there are no requirements, from the feds, to produce proof that a safe, or any locking device, is present.
So if the gun dealer is convinced that the buyer has a safe, why does that NOT satisfy federal requirements?
There is this letter from the ATF:

Quote:
Official response from ATF when I asked them about the CA Safe Affidavit:

U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Washington, DC 20226
DEC 8, 2008
903010:LHB
5300

Dear Mr. xxxxxxx:

This is in response to your letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In your letter, you asked if the California State Form, Affidavit Stating Ownership of an Acceptable Gun Safe or Lock Box. is an acceptable form for customers in lieu of purchasing an 800+-pound full safe.

As you may know, a major mission of ATF is enforcement of the provisions of the Gun Control Act of 1968 (GCA), its subsequent amendments, and other Federal firearms laws. A significant part of the GCA concerns the requirements pertaining to the manufacture, importation, distribution, possession, and sale of firearms.

Section 921 (a)(34)(C) of Title 18 of the United States Code (U.S.C.) defines a secure gun storage or safety device as a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm, and that designed to be unlocked only by means of a key, combination, or other similar means. 18 U.S.C. 922(z), regarding secure gun storage or safety device, states in part that it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed, unless the transferee is provided with a secure gun storage or safety device for that handgun at the time of the firearm sales transaction.

The form used by the State of California Department of Justice with the standards set forth by section 977.50 of the California Code of Regulations may comply with California laws but does not comply with the laws and regulations set forth by ATF. This form is not an ATF form and is not an acceptable form in lieu of presenting a secure gun storage or safety device at the time of each firearm sales transaction.

We regret that our response was not more positive. If you should have any further questions, we invite you to review our Web site at www.atf.gov. You may also contact our office at (202) 648-7090.

Sincerely yours,


Raymond G. Rowley
Chief, Firearms Programs Division
And the ATF inspectors are looking for proof of compliance.
__________________
Jim


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