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| (Forum Home)--->(Seller Forum)--->(SELLING A GUN ACROSS STATE LINES: SUMMARY OF THE RULES) |
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| Buyer: Hanover George(114-0-1) | Post#11 - Posted: 05/10/2011 at 04:54:20 |
| (no avatar) | C3 shooter they cannot send you a replacement since the serial # would be different thus a new firearm. |
| Buyer: 5thcommjarhead(71-0-0) | Post#12 - Posted: 05/10/2011 at 05:03:04 |
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I thought I was right. It happens sometimes. I think I saw several postings which stated that a straw purchase was the buying of a firearm for a prohibited person when it is buying a firearm for someone whether he/she is prohibited or not. I should have clarified that with the gift exception. |
| Buyer: brainaxe(21-0-0) | Post#13 - Posted: 05/10/2011 at 05:17:08 |
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I may be wrong, but I seem to remember the "Gift Exemption" was expanded or clarified back in the '80s when Sarah Brady (yes THAT Sarah Brady) bought a gun for her nephew and it was technically a Straw Purchase at the time. So the rules had to change a bit to keep her hypocritical a$$ on the straight and narrow! |
| Thread Admin: Elitist(147-0-0) | Post#14 - Posted: 05/10/2011 at 06:32:24 |
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Hanver George, you are incorrect and C3 is right. It is entirely legal for a manufacturer to send a replacement firearm with a different serial number to someone who has sent in a gun for repairs that turns out to be unrepairable. Read the regulations again. No 4473 is involved in this case. Technically there's a transfer of ownership but this specific situation is described in the law and regulations, and in that instance no 4473 is required. |
| Seller: Hagrid(65-0-0) | Post#15 - Posted: 05/10/2011 at 07:34:08 |
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Savage sent me a Savage 25-06 to replace a blown up Stevens 200 in 30-06. They sent it UPS to my door. I assume Savage knows the law a whole lot better than I. I know nothing about FFl requirements and have stated so here. I would agree with Elitist based on my experience. trap |
| Thread Admin: Elitist(147-0-0) | Post#16 - Posted: 05/10/2011 at 08:13:38 |
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From the Gun Control Act and CFR, verbatim: § 478.124 Firearms transaction record. (a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473: Provided, That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received. You send your gun in: it can't be repaired: they can send you a new one, no 4473, no hoo-hah, no question. Doesn't even have to be the same model, let alone have the same serial number. |
| Buyer: Hanover George(114-0-1) | Post#17 - Posted: 05/11/2011 at 04:54:51 |
| (no avatar) | Thanks for clarifying that. Talk about a giant loophole. |
| Thread Admin: Elitist(147-0-0) | Post#18 - Posted: 05/11/2011 at 12:37:32 |
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It isn't a "loophole." The manufacturer or repair facility logs the gun out to the person to whom it was sent, in accordance with the law. It's been that way since 1968. |
| Buyer: Hanover George(114-0-1) | Post#19 - Posted: 05/11/2011 at 14:08:31 |
| (no avatar) | Elitist it's a loophole here in MA. Hagrid said Savage sent him a different firearm different calibre to his door as a replacement. In MA. when you buy a firearm it is registered. Private sale you are supposed to register it.When Savage sent Hagrid a different firearm different serial # that firearm is not registered in Massachusetts unless he fills out a FA 10 and files it with the state. Pete's if you read this please chime in and set me straight if I'm wrong. |
| Seller: Petesguns(1569-1-3) | Post#20 - Posted: 05/11/2011 at 17:44:57 |
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George, you are technically correct. The key here is that Savage did everything correct. They did what is allowed/required by the FEDERAL law. MA does not really have anything to address replacement firearms EXCEPT that every gun sold or transfered to a MA resident, FTF or from an FFL, is required to be registered on a state form FA-10. Even if you get a replacement gun from a manufacturer or buy a long gun out of state, YOU, as the end user are supposed to register it on an FA-10. If a FTF sale, the seller is supposed to fill out an FA-10 WITH the buyer and submit it to the state. The interesting thing HERE, is that, if memory serves me correctly, Hagrid ordered that Stevens from a dealer, for his friend to go and purchase it, and had it blow up on the friend. Then, Hagrid sent it back to the maker and got it back? Something don't add up. It was supposedly someone ELSE'S gun, and should have been registered to HIM when HE got it back, and if it WAS someone else's, it should have been sent back by HIM, and then Savage would have the proper owner on record. Hagrid just did a posting on this very subject just a short time ago under a Straw Purchase thread if I remember correctly. 'Course, I have to look at the name tag on my shirt to remember who I am! George???? George WHO!!!!???? Seller forum, ""Do not fire" rule during 3-day inspection period", post #103 |
