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Handgun transfer from FFL to FFL - personal ownership??

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  • meritman
    Member
    • Aug 2013
    • 462

    Handgun transfer from FFL to FFL - personal ownership??

    I am a sole proprietor and Type 1 FFL holder. I purchase a handgun off the shelf from a local FFL dealer and have it transferred to my own inventory under my Sole Proprietorship's name. I then recorded it in my Acquisition Log Book. My next hope is to transfer it out of my inventory and "sell" it to my self for personal use.

    Question: do I need to then DROS myself and also complete the 4473? And since I am a Sole Proprietor who is the sole licensee of my Type 1 dealership, must I be subject to the 10 day wait period since it's ownership is being transferred from my own company name to my personal name? Thanks all for your help.
  • #2
    ShootinXs
    Junior Member
    • Jul 2012
    • 67

    Assuming the handgun in question is on the roster , as a dealer you just need to Dros and then log it out to you and then " for owners personal collection " in the address or license # column . No 4473 required. You can do a 4473 if you feel better about it, but if you make a mistake on it the Feds can write you up for something you didn't need to do in the first place. Remember were exempt from the 10 and 30 but not from the roster. Unless of course its an out of state sale .

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    • #3
      halifax
      Veteran Member
      • Oct 2005
      • 4440

      CFLC also.

      Since it's a LGS, you could just let them handle all the paperwork and still get out of the 10 day wait. Of course, you would need to pay sales tax either way.
      Jim


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      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by halifax
        CFLC also.

        Since it's a LGS, you could just let them handle all the paperwork and still get out of the 10 day wait. Of course, you would need to pay sales tax either way.
        since the buying FFL is 10-day exempt for a straight transfer, shouldn't he be 10-day exempt for a PPT to himself as well?

        A dealer I know tried to do so but there was no relevant 10-day exemption option in the PPT options.
        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

        • #5
          halifax
          Veteran Member
          • Oct 2005
          • 4440

          Originally posted by ke6guj
          since the buying FFL is 10-day exempt for a straight transfer, shouldn't he be 10-day exempt for a PPT to himself as well?

          A dealer I know tried to do so but there was no relevant 10-day exemption option in the PPT options.
          You're right CFD NUMBER is not there anymore. I submitted an issue report. Any one know the new PC cite for the exemptions?
          Last edited by halifax; 03-09-2014, 9:41 AM.
          Jim


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          • #6
            gw74r
            Member
            • Jan 2013
            • 378

            Maybe an FFL can't act as a private party and still qualify for the 10/30 exemption? I thought you had to purchase as a dealer to get that, and then transfer to your personal inventory with no 10/30 wait. I don't think an FFL can buy an off roster handgun via ppt and avoid the 10/30 can they?

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            • #7
              halifax
              Veteran Member
              • Oct 2005
              • 4440

              Originally posted by gw74r
              Maybe an FFL can't act as a private party and still qualify for the 10/30 exemption? I thought you had to purchase as a dealer to get that, and then transfer to your personal inventory with no 10/30 wait. I don't think an FFL can buy an off roster handgun via ppt and avoid the 10/30 can they?
              I don't see anything in the PC that says that

              26960. (a) The waiting period described in Section 26815 does not
              apply to the sale, delivery, or transfer of a handgun, and commencing
              January 1, 2014, a firearm that is not a handgun, by a dealer in
              either of the following situations:

              (1) The dealer is delivering the firearm to another dealer, the
              firearm is not intended as merchandise in the receiving dealer's
              business, and the requirements of subdivisions (b) and (c) are
              satisfied.

              (2) The dealer is delivering the firearm to himself or herself,
              the firearm is not intended as merchandise in the dealer's business,
              and the requirements of subdivision (c) are satisfied.

              (b) If the dealer is receiving the firearm from another dealer,
              the dealer receiving the firearm shall present proof to the dealer
              delivering the firearm that the receiving dealer is licensed pursuant
              to Article 1 (commencing with Section 26700) and Article 2
              (commencing with Section 26800). This shall be done by complying with
              Section 27555.

              (c) (1) Regardless of whether the dealer is selling, delivering,
              or transferring the firearm to another dealer or to himself or
              herself, on the date that the application to purchase is completed,
              the dealer delivering the firearm shall forward by prepaid mail to
              the Department of Justice a report of the application and the type of
              information concerning the purchaser or transferee as is indicated
              in Section 28160.

              (2) Where electronic or telephonic transfer of applicant
              information is used, on the date that the application to purchase is
              completed, the dealer delivering the firearm shall transmit an
              electronic or telephonic report of the application and the type of
              information concerning the purchaser or transferee as is indicated in
              Section 28160.
              Jim


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              • #8
                kemasa
                I need a LIFE!!
                • Jun 2005
                • 10706

                Just because the DES system does not have the means to do it, does not mean that it is not allowed. The DES web site has issues.
                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

                • #9
                  halifax
                  Veteran Member
                  • Oct 2005
                  • 4440

                  They are aware of this:

                  DOJ Response (03/10/2014 05:43 PM ): We are working on this. For now they would have to wait the 10 days if doing a PPT. Thank you
                  Jim


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                  • #10
                    kemasa
                    I need a LIFE!!
                    • Jun 2005
                    • 10706

                    Hmmm, since the FFL is exempt from the waiting period, why would the FFL have to wait 10 days? That seems like a real problem for the DOJ to claim that the law can't be followed.
                    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

                    • #11
                      halifax
                      Veteran Member
                      • Oct 2005
                      • 4440

                      Still not fixed

                      I just got through my 10-day wait. They really need to fix this unlawful oversight. I'm glad I didn't have to drive far twice.
                      Jim


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                      • #12
                        Eddy's Shooting Sports
                        Senior Member
                        • Sep 2011
                        • 1326

                        DOJ just fixed this. CFD is now an option for 10 day exemption on a PPT.
                        Greg David
                        Eddy's Shooting Sports
                        (650)969-GUNS

                        400 Moffett Blvd., Suite F
                        Mountain View, CA 94043

                        www.eddysguns.com

                        Tue-Fri 12-7, Sat 11-5

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                        • #13
                          halifax
                          Veteran Member
                          • Oct 2005
                          • 4440

                          Thank you Jason and Brandon

                          Jim


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