1 year wait before ffl sale exemptions?

[We The People Firearms]

Does anyone know if a dealer purchases a firearm for themselves if they can interfamilial transfer or gift the firearms to a family member that falls into the diresct lineage requirements for interfamilial before one year?

[GoingQuiet]

Does anyone know if a dealer purchases a firearm for themselves if they can interfamilial transfer or gift the firearms to a family member that falls into the diresct lineage requirements for interfamilial before one year?

Here's the problem with your question, it's too vague.

Many dealers aren't really dealers in the sense that you are talking about. Allow me to give you an example.

John Smith is a gun dealer. His license says John's Guns Inc or John's Guns LLC.

John's Guns Inc or John's Guns LLC is the FFL, not John Smith. Therefore, Mr Smith is allowed to buy and sell whatever he wants personally. Although it is ill advised to do so on a regular basis off the books, privately ATF cannot regulate the personal sales of the responsible party on the FFL.

The other scenario is that John Smith is a sole proprietor, whereupon any firearm acquired personally should be held for one year to assuage any premise of dealing off the books.

So, your question is complicated.

[Mssr. Eleganté]

The Feds do not have any kind of "family" exemption for FFLs.

[We The People Firearms]

OK, so I am an 07, it's my dad's birthday soon, I want to buy one of my own guns, a gun and cfd exempt myself and take it home same day. Can you intrafamilial transfer the gun as a gift (with sending the appropriate paperswork in of course), or gift it? Or do you have to wait the year?

Here's the problem with your question, it's too vague.

Many dealers aren't really dealers in the sense that you are talking about. Allow me to give you an example.

John Smith is a gun dealer. His license says John's Guns Inc or John's Guns LLC.

John's Guns Inc or John's Guns LLC is the FFL, not John Smith. Therefore, Mr Smith is allowed to buy and sell whatever he wants personally. Although it is ill advised to do so on a regular basis off the books, privately ATF cannot regulate the personal sales of the responsible party on the FFL.

The other scenario is that John Smith is a sole proprietor, whereupon any firearm acquired personally should be held for one year to assuage any premise of dealing off the books.

So, your question is complicated.

[GoingQuiet]

OK, so I am an 07, it's my dad's birthday soon, I want to buy one of my own guns, a gun and cfd exempt myself and take it home same day. Can you intrafamilial transfer the gun as a gift (with sending the appropriate paperswork in of course), or gift it? Or do you have to wait the year?

You didn't answer your own question. You said you are an 07. Are YOU the 07 as a sole proprietor or are you the responsible party on the FFL that your company holds?

[kemasa]

If a FFL transfers a firearm to themself without filling out the 4473, then if the FFL sells it within a year, it has to go back through their book. This does not make much sense in CA since handgun transfers have to either go through a dealer or paperwork has to be filled, but that is beside the point.

If a FFL wanted to buy a firearm from their business and intends to transfer it before a year is up, then fill out ALL the paperwork as if it was a regular sale, including the 4473. A handgun has to be DROS'd in any event.

[tenpercentfirearms]

As Kemasa said, if you do not use a 4473 (long guns signed out in a sole proprietorship or partnership) and simply put in your book "for owner's personal collection", then you cannot transfer that firearm for 1 year.

However, if you put the guns on a 4473, then you can sell away.

So for those of us with corporations, we have to 4473 everything anyway. If you have the CFD in your name, you are DROS exempt on long guns, but not handguns. So if you simply filled out a 4473 and took it home, you could transfer it right away to your father with no paperwork required. For handguns, you have to DROS it anyway, which means you should be using a 4473 as well, so you could then intrafamilial transfer it as well.