ATF multiple purchases form

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Indeed, I seem to remember a supreme court case that found that a felon was not in possesion of a firearm when he delivered it to a gunshop because it was in a sealed package and he did not know what was inside of it. So I would tag along with above and make sure in addition to the lock is it inside a sealed box addressed to him.

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To all who may be interested:

Two main questions have been asked in this thread: One re ATF (now BATFE) Forms and the other re interstate transfers.

The NICS background check is to determine whether the person receiving the firearm is legally allowed to do so. As was noted in a previous post, the only information given to NICS about the guns being purchased at any one time is the "general" type of firearm: handgun, long gun or "other" (frame/receiver). All three types can be included on the same 4473, in addition to the information about the buyer on the first page of the form.

The ATF 4473 is a federal form, which does have space for listing the make, model, s/n & caliber of each gun/receiver sold on that one form. Many guns can be listed on one form by use of an attachment sheet. The FFL dealer must keep that form and his log book entry for the gun(s) on file for 20 years. If the business is sold, the 4473 files can stay with the new owner. If the business is closed (no successor takes over), the 4473s and the dealer's record book are supposed to be sent to the ATF records center in WV.

The ATF multiple sale form is required ONLY when a dealer (FFL holder) transfers more than one handgun to the same person within five business days. If the transferee wants to wait more than five days before taking delivery of a second handgun, the multiple form is not required. The original of the ATF multiple sales form is sent by the dealer to the ATF records center in WV. The dealer keeps a copy of that form for 5 years and one copy is sent to the LEO agency who receives the WA state handgun purchase application form.

If a transferee does not want his name reported directly to ATF, the only way to avoid having to do that is to ask the dealer to hold the additional handgun(s) and make another trip after five business days have passed. One would have to ask the dealer if that would be ok...it would require a separate 4473 for each additional handgun; a separate state form is already required for each individual handgun.

To the best of my knowledge, federal agents do NOT come to the homes of people who are listed on multiple purchase reports to look at the guns. If guns are traced by law enforcement, it is possible that the last legal owner might receive a phone call or visit as part of an investigation to determine how guns might have wound up in the wrong hands, etc--but that would likely happen regardless of any multiple sale report.

The reason for the multiple sale report I think is to help the government identify straw buyers who knowingly buy guns from legal dealers to transfer to their friends or relatives who are NOT legally qualified to have guns. Those straw buyers need to be prosecuted & punished by the feds, imo, because they are breaking the law, supplying guns to thugs and giving law-abiding gun owners a bad name to the anti-gun media & politicians. (Personal opinion.) NOTE: A person who buys a gun to GIVE to a friend or relative (legally qualified to have guns) is NOT a straw buyer.

Interstate transfers between family members (two separate legal owners) are covered by the 1968 Gun Control Act & subsequent revisions. You can look up the regs online at the BATFE website under US Dept of justice. Interstate handgun transfers must go thru an FFL regardless of whether the gun is a gift or paid for. The only exception is a transfer due to inheritance--when one owner has died and under the decedent's will his/her handguns are bequeathed to someone in another state.

If a legal owner moves to another state, depending on where, he may take his guns with him, or have them shipped to himself at the new address. This is NOT an "interstate transfer" & as long as the gun is legal to possess in both states there is no violation of federal law. But if the new state is like IL, NY et al requiring licenses or permits to possess firearms, guns can NOT be "taken with" or "shipped to" until the owner is in compliance with the new state law. It is possible that FFL services may be required to receive the guns in such new state.

I hope the above information will be helpful.

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Awesome post! Thanks for clearing that up! Very informative.

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Thanx for kind words. There are some other points I should perhaps note: Per the federal regulations, an unlicensed person (legal owner who is not an FFL or C&R) may ship a firearm TO an FFL in another state "for any lawful purpose." That would include repair, customizing, or lawful transfer to another legally-qualified person.

This correlates to the intent of Congress when it passed the 1968 Gun Control Act, in that the purpose of the law was not to hamper interstate commerce in arms, but to ensure that firearms coming into a state are transferred in accordance with the laws of THAT state.

Some FFLs in various states may have a policy that they will only receive firearms shipped BY an FFL, but that is NOT a legal requirement of the federal regulations.

The result of the law as it stands today is that handguns may be transferred over-the counter ONLY in the state where the transferee resides. Long guns are different. If allowed in the buyer's home state and the state where the dealer is located, a resident of a given state may purchase/receive a long gun over-the-counter in another state.

As to shipping, long guns may be shipped via the Postal Service. Handguns, however, must have an FFL on both ends (postal regulations). The major common carriers (FedEx and UPS) require that handguns go by air (due to too many thefts by employees). The cost is high, and not all employees of those companies may know the requirements, so I suggest looking up the company rules as to what type of air service is allowed--may not have to be the most expensive--one major distributor used UPS second-day air. Long guns can go by ground shipment via either firm.

All the above info is in the federal regulations as mentioned in my previous post.

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Thanks again. I've had plenty of experience with that particular rule, as I live near the Idaho/Washington border, and every time I go to Idaho, I can only look at all the nice handguns they have.