Avoiding entrapment in FFL transactions

[ClaudeH]

These questions may sound dumb. I'm sure a little discussion will help me sharpen my focus on what I am trying to ask/learn, so please bear with me. I am investigating a business proposition in a state that is virulently anti-gun and has a distinctly corrupt government. It is highly likely that if we enter into this endeavor we will eventually face attempts at entrapment by politicized law enforcement agencies. If we are to proceed with this we must know how to avoid a mis-step in procedure.



1.) Does BATFE have a process similar to IRS' "Letter Rulings" whereby you can get a question answered in writing that you may rely on as their legal position on a situation?

2.) From strictly a federal perspective (irrespective of state or local law), is an FFL allowed to obtain/take possession of a firearm wherever it might be offered?

3.) If an FFL is offered a firearm which he believes is not legal in his hands nor in the hands of the offeror, what actions is he obligated to take? For instance, if he is offered an unregisterd Class 3 firearm or device, a firearm with a defaced serial number or a shortened long-gun?

TIA

[efillc]

These questions may sound dumb. I'm sure a little discussion will help me sharpen my focus on what I am trying to ask/learn, so please bear with me. I am investigating a business proposition in a state that is virulently anti-gun and has a distinctly corrupt government. It is highly likely that if we enter into this endeavor we will eventually face attempts at entrapment by politicized law enforcement agencies. If we are to proceed with this we must know how to avoid a mis-step in procedure.

1.) Does BATFE have a process similar to IRS' "Letter Rulings" whereby you can get a question answered in writing that you may rely on as their legal position on a situation?

2.) From strictly a federal perspective (irrespective of state or local law), is an FFL allowed to obtain/take possession of a firearm wherever it might be offered?

3.) If an FFL is offered a firearm which he believes is not legal in his hands nor in the hands of the offeror, what actions is he obligated to take? For instance, if he is offered an unregisterd Class 3 firearm or device, a firearm with a defaced serial number or a shortened long-gun?

TIA

1. Yes, send letters to the DoJ - BATFE - Firearms Tech Branch (FTB), 244 Needy Road, Martinsburg, WV 25405.

2) Yes.

3) While there are no specific actions that you are legally obligated to take, depending upon the customer's demeanor we have done everything from telling the customer to GTFO, to one that was forcibly ejected him from the premises.

[ke6guj]

3.) If an FFL is offered a firearm which he believes is not legal in his hands nor in the hands of the offeror, what actions is he obligated to take? For instance, if he is offered an unregisterd Class 3 firearm or device, a firearm with a defaced serial number or a shortened long-gun?

TIA

I seem to recall an case where an FFL had someone come in with an unregistered MG that they wanted to get rid of. the FFL told the guy that it was an illegal gun and that the guy should turn it in. the guy didn't want to deal with it so the FFL agreed to turn it in for him. guy leaved the MG with the FFL and the FFL immediately picks up the phone and calls the local LEA to come pick up the MG. While on the phone, other members of law enforcement come in and arrest the FFL for possession of an unregistered MG. Seems that it was a sting.

I seem to recall that the FFL was convicted but I can't find the case right now.

[bussda]

That was LA Guns in West Hollywood and the sting was by LAPD Gun Unit.

[ClaudeH]

Thank you very much, efillc and ke6guj!

We are working on a plan to fund a firearms rights 501(c)(3) through firearm donations. We are only looking at feasability so far, but it is looking like it might shape up.

If we can get "letter rulings" on a few key points we should be able to head off malicious attempts to entrap us.

Another general question: Anything an FFL can legally do can be done through the efforts of bona fide employees, correct? This seems obvious since we see employees doing all the business at various corporate locations, but we wondered if it was a special case or limited in what the employee can do.

By the way, I know I have to get more authoritative answers than internet forum replies. I'm just feeling for gotchas and getting the lay of the land before I tie our plan together with more certainty.

Thanks!

[efillc]

Another general question: Anything an FFL can legally do can be done through the efforts of bona fide employees, correct? This seems obvious since we see employees doing all the business at various corporate locations, but we wondered if it was a special case or limited in what the employee can do.

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-1.pdf

By the way, I know I have to get more authoritative answers than internet forum replies. I'm just feeling for gotchas and getting the lay of the land before I tie our plan together with more certainty.

Thanks!

Here's some light reading to get you started:

http://www.atf.gov/firearms/open-letters/index.html

http://www.atf.gov/firearms/industry/