DOJ requiring mag kept with firearm during background period?

[code_blue]

EDIT: I appreciate the additional responses, but I am seeking experience from other FFL's.


I was told by another staffer that our inspector advised that PPT's had to have magazines present during the background period. I understand the need for a magazine for a non-exempt SHD transferee, but if a person is exempt from SHD, a magazine isn't needed. Yes, I know that frames are also exempt.

I was not present to ask for clarification on this, and am seeking community response before emailing our inspector for clarification. Have any of you been advised by your inspectors that a magazine had to stay with the firearm during the background period?

Thanks

[HibikiR]

I've never actually seen this being enforced outside of Turner's.

[BarrelProof]

Never see it.

Heard rumors that someone was denied a PPT because they didn’t have a compatible mag to do a safe handling.

Also watched a safe handling demonstration with a standard capacity magazine where after affidavit was signed they handed the mags back to the seller and dropped the gun in the vault.

[BarrelProof]

Being exempt from the SHD, I’ve been the buyer in many PPT and store bought lowers with out mags present with no issues

[IsaacMc]

Safe Handling is done after you are approved .. how would a mag in a box during the 10 day wait equal to that ? Weird I have NEVER left a magazine

[Hateca]

Reminds me of the time the DOJ inspector told me I was filling out the 4473 wrong. Next time ATF came by I passed on the info regarding the DOJ and how DOJ wanted the 4473 filled out. ATF inspector gets a pissed off look on his face and let’s me know that the 4473 is a federal form and DOJ has no authority on how it’s filled out.

Next time DOJ came around I got the same BS about the 4473 and how DOJ wanted it filled out. I let them know if they had a problem with the 4473 to contact my ATF inspector and handed them his card. Never heard from DOJ again about the 4473 in fact for the next 10 years DOJ never came back until I left the state.

Later learned from my ATF inspector DOJ had tried that Same BS with other FFL and the ATF couldn’t stand the DOJ or their inspectors caused them more BS work fixing all of DOJ crap.

[code_blue]

Our inspector previously sent us directions to make 4473's available as well, but my response was the same as yours. The consensus appears to be same with other FFLs here.

[HKmongoose]

I purchased a firearm a few weeks ago through a ppt an the ffl made me include the magazine in the DROS for a pistol.

[taperxz]

I was told by another staffer that our inspector advised that PPT's had to have magazines present during the background period. I understand the need for a magazine for a non-exempt SHD transferee, but if a person is exempt from SHD, a magazine isn't needed. Yes, I know that frames are also exempt.

I was not present to ask for clarification on this, and am seeking community response before emailing our inspector for clarification.

Have any of you been advised this? Thanks

EDIT: I appreciate the additional responses, but I am seeking experience from other FFL's.

[code_blue]

Yes, I concur, but have you been told by inspectors that it needs to stay with the firearm during background?

[ronlglock]

DOJ requiring mag kept with firearm during PPT?

Safe Handling is done after you are approved .. how would a mag in a box during the 10 day wait equal to that ? Weird I have NEVER left a magazine

[Hateca]

I never kept the mag with the gun that was being transferred if the seller wanted to give them to the buyer. If you think about it how would DOJ even know the weapon even came with a mag? If a safe handling demo needed to be done I could use a inventory mag as far as that goes.

I’m in another state now and don’t need to deal with this BS so there may be a new law I don’t know about but I never took a DOJ inspectors word for anything. If they can’t show me a law that said otherwise then I carried on as required by law at that time. I had my FFL in CA for 25 years and the last ten I never saw an inspector from DOJ. I think they got tired of me questioning them all the time, who knows.

[acespawnshop]

Sounds like their personal penal code. Never has been a law however, we transfer tons of firearms that never come with a magazine, or where the buyer provides their own for the SHD and takes it home with them after the initiation of the background check.

[taperxz]

Yes, I concur, but have you been told by inspectors that it needs to stay with the firearm during background?

Yes and no, Is it required by penal code? No, however, it opens up the question of how are you going to perform the fsc demo?

We make the PPT persons provide the mag or we won't do the PPT. In fact, we make sure a PPT isn't missing a magazine or any paperwork needed to do the transfer. Some people let them start with allowing them to bring in proof of residency at pick up. We won't. If the buyer and seller don't have their poop together, they can come back.

[taperxz]

I never kept the mag with the gun that was being transferred if the seller wanted to give them to the buyer. If you think about it how would DOJ even know the weapon even came with a mag? If a safe handling demo needed to be done I could use a inventory mag as far as that goes.

.

In an audit when they go through all your pending dros and check every gun. Do you have every single mag in stock for every single gun in the world?