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Stupid question: can an FFL do house calls?

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  • curtisfong
    Calguns Addict
    • Jan 2009
    • 6893

    Stupid question: can an FFL do house calls?

    Can an FFL do house calls, or does the transfer have to happen in the storefront?
    The Rifle on the WallKamala Harris

    Lawyers and their Stockholm Syndrome
  • #2
    oaklander
    Banned
    • May 2006
    • 11095

    I'm pretty sure it has to happen at the location specified on their FFL.

    I could be wrong, though.

    Originally posted by curtisfong
    Can an FFL do house calls, or does the transfer have to happen in the storefront?

    Comment

    • #3
      halifax
      Veteran Member
      • Oct 2005
      • 4440

      Originally posted by curtisfong
      Can an FFL do house calls, or does the transfer have to happen in the storefront?
      The initial paperwork/submittal must be done at the address on the FFL (or a gun show) but I believe the firearm may be delivered at the buyer's residence but nowhere else (except shop and FFL's home).
      Jim


      sigpic

      Comment

      • #4
        Mssr. Eleganté
        Blue Blaze Irregular
        CGN Contributor - Lifetime
        • Oct 2005
        • 10401

        I thought delivery could only take place at the FFL's licensed premises or a legal extension of the licensed premises (like a bona fide gun show in the same State).
        __________________

        "Knowledge is power... For REAL!" - Jack Austin

        Comment

        • #5
          freakshow10mm
          Veteran Member
          • Jun 2008
          • 3061

          100% has to be done at the licensed premises. The license is to engage in business at the premises on the license and no where else.

          EXCEPTION: FFLs may engage in business at bona fide gun shows.

          There were a few FFLs in Texas that got their license revoked because they were doing house calls for transfer and delivery. Someone called, the ATF shut them down.

          Comment

          • #6
            freakshow10mm
            Veteran Member
            • Jun 2008
            • 3061

            Like I stated above. The paperwork and transfer/delivery must happen at
            • the licensed premises
            • bona fide gun show

            Comment

            • #7
              geeknow
              Lifetime Contributor #1
              CGN Contributor - Lifetime
              • Aug 2007
              • 3144

              what he said ^^^

              Comment

              • #8
                halifax
                Veteran Member
                • Oct 2005
                • 4440

                Am I reading this wrong?

                12071(b) A license is subject to forfeiture for a breach of any of the following prohibitions and requirements:
                (1)(A) Except as provided in subparagraphs (B) and (C), the business shall be conducted only in the buildings designated in the license.
                (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.
                Jim


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                Comment

                • #9
                  freakshow10mm
                  Veteran Member
                  • Jun 2008
                  • 3061

                  Federal law does not allow such action, therefore the state statute is irrelevant. You wouldn't be breaking state law buy you would be breaking federal law.

                  Comment

                  • #10
                    djbooya
                    Senior Member
                    • Apr 2008
                    • 816

                    Originally posted by halifax
                    Am I reading this wrong?

                    ...
                    (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.
                    I transferred with an FFL in the past that did all his DROS and firearm delivery at the Metcalf Range. Given that he is still around, I'm guessing it was not an issue for his audits. So if delivering to a gun range is legal (or appears to be) I don't see why you couldn't do it at someone's home.
                    DJBooya
                    "Try Not! Do or Do Not. There is no Try..."
                    iTrader: https://www.calguns.net/forum/market...rader-feedback

                    Comment

                    • #11
                      Mssr. Eleganté
                      Blue Blaze Irregular
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 10401

                      Originally posted by djbooya
                      ...So if delivering to a gun range is legal (or appears to be) I don't see why you couldn't do it at someone's home.
                      Here's why an FFL can't deliver firearms at a customer's home...

                      Maybe he has the range listed as his licensed premises. Or maybe he is using the "gun show or event" exemption to deliver guns at the range. Most shooting ranges would fall under the description "a function sponsored by any local organization, devoted to the sporting use of firearms". Or maybe he doesn't know about the Federal restrictions on where an FFL can deliver firearms.
                      __________________

                      "Knowledge is power... For REAL!" - Jack Austin

                      Comment

                      • #12
                        G17GUY
                        Senior Member
                        • Sep 2006
                        • 2343

                        Why you want to include a back rub with a firearms purchase?
                        sigpic

                        Comment

                        • #13
                          kemasa
                          I need a LIFE!!
                          • Jun 2005
                          • 10706

                          Originally posted by djbooya
                          I transferred with an FFL in the past that did all his DROS and firearm delivery at the Metcalf Range. Given that he is still around, I'm guessing it was not an issue for his audits. So if delivering to a gun range is legal (or appears to be) I don't see why you couldn't do it at someone's home.
                          Do you know if he marked the paperwork that it did the transfer at the range? If not, there is would be hard for anyone to know about it unless it was reported or noticed by the appropriate agencies.

                          Many people speed on the roads, so you could say that it appears to be legal, yet sometimes people do get a ticket for speeding. Just because that person has not gotten caught yet does not mean that it is legal. It is best to look elsewhere to determine whether it is legal or not, such as the code sections posted.
                          Kemasa.
                          False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                          Don't tell someone to read the rules he wrote or tell him that he is wrong.

                          Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                          Comment

                          • #14
                            djbooya
                            Senior Member
                            • Apr 2008
                            • 816

                            Originally posted by kemasa
                            Do you know if he marked the paperwork that it did the transfer at the range? If not, there is would be hard for anyone to know about it unless it was reported or noticed by the appropriate agencies.

                            Many people speed on the roads, so you could say that it appears to be legal, yet sometimes people do get a ticket for speeding. Just because that person has not gotten caught yet does not mean that it is legal. It is best to look elsewhere to determine whether it is legal or not, such as the code sections posted.
                            I never cared what he did with his paperwork. I just thought it was interesting that he did it at a public shooting range. I'm guessing he has his FFL address really setup for home and doesn't want people coming to his house, which I can't blame him for. As for it being legal, I really don't care at this point. It's his business/license so if he blows it doing that it doesn't effect me any. I've since started using an FFL that was a little closer to home anyhow so I don't even know if he's still doing that or not.
                            DJBooya
                            "Try Not! Do or Do Not. There is no Try..."
                            iTrader: https://www.calguns.net/forum/market...rader-feedback

                            Comment

                            • #15
                              kemasa
                              I need a LIFE!!
                              • Jun 2005
                              • 10706

                              The point is that just because someone is doing something does not mean that it is legal or not. Perhaps his license was at the range and it was legal, perhaps it was at his home and it was not legal.

                              One issue is if the FFL is doing something illegal it can still affect you since when they are investigated, the scope could expand and if the firearm was not properly transferred, then there could be some issues for the buyer.
                              Kemasa.
                              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                              Don't tell someone to read the rules he wrote or tell him that he is wrong.

                              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                              Comment

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