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  #1  
Old 05-31-2012, 12:09 PM
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islandviewent islandviewent is offline
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Default Owner Purchase of Long Gun Procedure

We started out as a Sole Proprietor now we are a corp. The President/ FFL Holder wants to move a gun from company to personal. This is the first time since change of type of business. Refresh my memory please for long guns I believe he has to fill out 4473 no dros. Handguns I know it is 4473 and Dros.
Thanks in Advance..
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Old 05-31-2012, 1:13 PM
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That is correct. 4473 no DROS. I attach a copy of my CFD coversheet and ID. So only people with CFD coversheets should do this. Everyone else should wait the ten days.
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Old 05-31-2012, 2:29 PM
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Thanks Wes
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Old 05-31-2012, 2:55 PM
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Hmmm... at our last ATF inspection they specifically told us we could not do that. They said that even though CA law allows the owner of the business to take long guns from inventory and put them in his private collection without a DROS, FED law still requires a DROS. I argued with him and showed him the CA law and his response was, "That only works of you are a sole proprietor. Since you are a corporation, and the corporation name is on the FFL, you must DROS long guns to yourself."
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Old 06-01-2012, 6:24 AM
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Quote:
Originally Posted by gmcem50 View Post
Hmmm... at our last ATF inspection they specifically told us we could not do that. They said that even though CA law allows the owner of the business to take long guns from inventory and put them in his private collection without a DROS, FED law still requires a DROS. I argued with him and showed him the CA law and his response was, "That only works of you are a sole proprietor. Since you are a corporation, and the corporation name is on the FFL, you must DROS long guns to yourself."
Wrong. The individual states can specify how they want Brady handled. That is why in some states you do not have to do any NICS check and a copy of your CCW will suffice. The State of California is specifically stating if you have a COE and a CFD number, then you are exempt from DROS. So really it doesn't matter what is on your FFL as it is true with a corporation your name is not on the FFL (even though you should be listed as a "responsible person"). Your CFD coversheet with your name exempts you from DROS.

Next time have your ATF auditor call the DOJ and ask them if they want long guns going to a CFD letter holder being DROSed. If they say no (which they should), then how can the ATF possibly argue with a state exemption to NICS? They can't.
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