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What Happens during an ATF inspection?

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  • SilverTauron
    Calguns Addict
    • Jan 2012
    • 5699

    What Happens during an ATF inspection?

    I ask because of a peculiar incident at my local dealer in South Dakota.

    I purchased a handgun on gunbroker, and made arrangements to have my SD dealer send their FFL license to the shipping seller in Georgia. I call the store for verification that the documentation arrived to their satisfaction, when the Georgian FFL tells me the dealer license is "wrong".

    Upon request for clarification, apparently their needed to be an owners signature on the bottom left corner of the FFL license itself, something which my local dealer in 20 years of business -and the attendant ATF inspections- never heard of. The Georgian gun dealer refused to send the handgun without an owner-signed copy of the FFL, which resulted in a 3 way phone conversation at my dealer's store between myself, the owner, and the sending FFL. Being the great guy he is the owner of my local gun store took the time to sign the FFL and re-fax it despite never having needed to in the past, and the transaction proceeded smoothly after that. I gently asked the Georgian dealer on the phone why all this was necessary , and his reply was that his local ATF inspector "had it in for him", in so many words.

    I thus ask what happens during an inspection,since to hear it from the out of state dealer my local guy has been in violation of the law for 20 years with the consent of the ATF, who's inspected the SD dealer and had no issues.
    The more prohibitions you have, the less virtuous people will be.
    The more subsidies you have, the less self reliant people will be.
    -Lao-Tzu, Tau Te Ching. 479 BCE

    The 1911 may have been in wars for 100 years, but Masetro Bartolomeo Beretta was arming the world 400 years before John Browning was ever a wet dream.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    do you mean that the SD dealer sent out a completely unsigned FFL to the GA dealer? If so, the GA dealer was correct.

    But if the FFL was ink-signed, and the GA dealer wanted a second signature, the n the GA dealer was not correct.

    here is a sample FFL,

    that shows where it needs to be signed in the bottom left corner of the FFL. (top half of the paper)
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      efillc
      Member
      • Feb 2009
      • 150

      Originally posted by SilverTauron
      I thus ask what happens during an inspection,since to hear it from the out of state dealer my local guy has been in violation of the law for 20 years with the consent of the ATF, who's inspected the SD dealer and had no issues.
      An ATF IOI wouldn't care if a dealer had unsigned copies of his own license laying around. In fact, an FFL should have them in case the sending dealer hasn't made it into the 20th century and insists on a "wet ink signed" copy.

      As for what happens during an inspection, it can vary widely. We had one earlier this year and it took three days. The first day the auditor looked at all of our NFA inventory and forms. Just as an FYI, the NFRTR was not correct so it's a good thing we had our paperwork straight. The rest of the time the auditor looked at every 4473 we had processed for the prior year, and checked the entry in our bound book, to make sure it was correct. She also took a quick look at our manufacturing log, but a lot more time was spent on the dispositions than anything else.

      While I haven't experienced it, I have heard that if the auditor has it in for you, you're in for a very bad week.
      EFI, LLC - 07/C2 in Inwood, WV

      Tank Vest - Molle Vest for Your Dual-Sport Gas Tank

      Comment

      • #4
        halifax
        Veteran Member
        • Oct 2005
        • 4440

        I've not received a copy of an FFL that was not signed and completely filled in. I think the FFL is just being cantankerous.

        I doubt, however, this would ever be an issue in an audit unless the firearm was sent to a non-licensee by deceit.
        Last edited by halifax; 08-22-2012, 6:45 AM.
        Jim


        sigpic

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        • #5
          GoingQuiet
          Vendor/Retailer
          • Oct 2010
          • 2731

          An unsigned license is not valid. Any license submitted for the purposes of transfer should be signed and dated.
          GoingQuiet.com, 07/02 FFL
          PRIVATE MESSAGES SENT TO THIS ACCOUNT ARE NOT CHECKED - instead, email sales@goingquiet.com

          Comment

          • #6
            Mr310
            Calguns Addict
            • Feb 2011
            • 5692

            Isn't it like a passport where it needs to be signed to be valid?
            WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to but not limited to: irony, metaphor, allusion and dripping sarcasm.

            Comment

            • #7
              ShootinXs
              Junior Member
              • Jul 2012
              • 67

              Just had my interview with the IOI last week and he said DO NOT sign it, make copys and wet ink those as needed , he explained it as a blank check if somebody gets there hands on it . Then lock it up .

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                Originally posted by ShootinXs
                Just had my interview with the IOI last week and he said DO NOT sign it, make copys and wet ink those as needed , he explained it as a blank check if somebody gets there hands on it . Then lock it up .
                right, you don't sign the original. You sign the copies that you send to other FFLs.

                In this case, the OP's FFL either sent the selling FFL an unsigned copy of the FFL, or it was signed, but the selling FFL wanted it signed by someone else.
                Jack



                Do you want an AOW or C&R SBS/SBR in CA?

                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                Comment

                • #9
                  SilverTauron
                  Calguns Addict
                  • Jan 2012
                  • 5699

                  Originally posted by ke6guj
                  right, you don't sign the original. You sign the copies that you send to other FFLs.

                  In this case, the OP's FFL either sent the selling FFL an unsigned copy of the FFL, or it was signed, but the selling FFL wanted it signed by someone else.
                  My FFL had a signed copy of the license with every lined spot duly signed by the appropriate agencies. No blanks or obvious discrepancies could be seen by myself or the owner,hence our confusion. The Georgia FFL wanted a secondary signature by the owner on the lower-left corner of our sending copy, a requirement my dealer never heard of.

                  To clarify, the FFL was signed by the owner already and the sending FFL wanted an ADDITIONAL signature on the copy sent to him.
                  The more prohibitions you have, the less virtuous people will be.
                  The more subsidies you have, the less self reliant people will be.
                  -Lao-Tzu, Tau Te Ching. 479 BCE

                  The 1911 may have been in wars for 100 years, but Masetro Bartolomeo Beretta was arming the world 400 years before John Browning was ever a wet dream.

                  Comment

                  • #10
                    Table Rock Arms
                    Senior Member
                    • Jan 2009
                    • 812

                    I send my FFL out to other dealers no problem. However there is no requirement to do so. Most dealers do it weather they think it needs to be done or out of courtesy. A dealer can (and should even if they have a signed copy) look up other dealers on the FFL ez-check to find out if the receiving dealer is good to go.

                    Comment

                    • #11
                      GoingQuiet
                      Vendor/Retailer
                      • Oct 2010
                      • 2731

                      Originally posted by ShootinXs
                      Just had my interview with the IOI last week and he said DO NOT sign it, make copys and wet ink those as needed , he explained it as a blank check if somebody gets there hands on it . Then lock it up .
                      Did the IOI also teach you the difference between their and there?
                      GoingQuiet.com, 07/02 FFL
                      PRIVATE MESSAGES SENT TO THIS ACCOUNT ARE NOT CHECKED - instead, email sales@goingquiet.com

                      Comment

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