NOTICE OF NO LONGER IN POSSESSION (BOF Form 4546)

[GunDog]

Specifically, what law, regulation or penal code section, etc., if any, REQUIRES the submission of Form 4546 when one is no longer in possession of a firearm for the reasons stated on the form. Just because some clerk in the Bureau of Firearms states it is mandatory, doesn"t necessarily make it so. I can perhaps understand why an individual may choose to voluntarily have a firearm removed from his file in the state's data base yet, don't see the need for submission of the form when a firearm is transferred to a currently licensed FFL holder.

BOF 4546 Notice of No Longer in Possession

[P5Ret]

There is no requirement, for someone who is exempt from 27545, or who completes the transfer through a licensed dealer. The authority section is on the form as CPC 28000, right at the top of the page.

The form does not remove the firearm from a persons name in AFS. AFS is a historical record of the transactions with the firearm. All the form would do is place a name above the person selling the firearm as the current owner, when the serial number is run.

[GunDog]

"27545.
Where neither party to the transaction holds a dealer’s license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050)."


Let me get this straight. If the firearm is transferred to a licensed firearms dealer there is NO REQUIREMENT to submit Form 4645 because one of the parties is exempt (i.e. the receiving FFL). Correct?

[RickD427]

Specifically, what law, regulation or penal code section, etc., if any, REQUIRES the submission of Form 4546 when one is no longer in possession of a firearm for the reasons stated on the form. Just because some clerk in the Bureau of Firearms states it is mandatory, doesn"t necessarily make it so. I can perhaps understand why an individual may choose to voluntarily have a firearm removed from his file in the state's data base yet, don't see the need for submission of the form when a firearm is transferred to a currently licensed FFL holder.

BOF 4546 Notice of No Longer in Possession

Completion of Form 4546 is not required.

It's an optional form that may be used to create a record in the AFS that a person has reported that they no longer possess a particular firearm.

[splithoof]

Completion of Form 4546 is not required.

It's an optional form that may be used to create a record in the AFS that a person has reported that they no longer possess a particular firearm.

If a person moved out of state, what might some advantages be to submitting such a form? Would it reduce the likelihood of a visit from LE if the weapon was discovered at a crime scene down the road at some point, after you sold it when in a new state of residence?

[RickD427]

If a person moved out of state, what might some advantages be to submitting such a form? Would it reduce the likelihood of a visit from LE if the weapon was discovered at a crime scene down the road at some point, after you sold it when in a new state of residence?

I personally don't see much advantage to it.

If the weapon were found to have been involved in a crime, I doubt that the completion of the form would stop any investigative measures directed to the registeree. The key reason is that the form is self-completed and is not verified. It would have about the same weight as the person saying "I didn't do it."

[BAJ475]

If a person moved out of state, what might some advantages be to submitting such a form? Would it reduce the likelihood of a visit from LE if the weapon was discovered at a crime scene down the road at some point, after you sold it when in a new state of residence?

Would you be willing to give CA DOJ the name and address of an out-of-state resident you sold the firearm to? I wouldn't. If you do not provide this information, will CA DOJ change their records to indicate that you are no longer in possession. Even if they did, how would that prevent a visit from LE? Personally, I see no benefit of completing this form and giving it to CA DOJ.

[splithoof]

Would you be willing to give CA DOJ the name and address of an out-of-state resident you sold the firearm to? I wouldn't. If you do not provide this information, will CA DOJ change their records to indicate that you are no longer in possession. Even if they did, how would that prevent a visit from LE? Personally, I see no benefit of completing this form and giving it to CA DOJ.

I agree totally, and HELL TO THE NO would I ever give any info about a purchaser to those Nazi jackboots.