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Thread: Question regarding status as a dealer and "informal range transfers"

  1. #1

    Question regarding status as a dealer and "informal range transfers"

    For an individual who is an FFL holder (01 or 07) as a sole proprietor:

    Were this individual to allow a personally-owned handgun or NFA item to be shot/handled by a person aged 18-20, would they be in violation of any firearms laws regarding the transfer from a dealer to an "underage" individual?

    I realize on the surface this seems straight forward (as said FFL would be acting as an individual and not as a dealer) but as we all know, when it comes to firearms laws, appearances can sometimes be deceiving.

    In essence, I suppose this comes down to if ones status as a FFL holder (especially as a sole-proprietor) trumps ones status as an individual in the eyes of the law/ATF, or does the "titling" of the firearm to the individual (i.e. completion of a 4473) make all the difference?

  2. #2
    Junior Member
    Join Date
    Apr 2012
    Posts
    10
    I was always under the understanding that while the FFL was present letting someone shoot or *demo* a firearm was an acceptable practice.
    Is letting someone shoot one off your guns at a range considered a "transfer" ? I hope not

  3. #3
    Member
    Join Date
    Apr 2012
    Location
    Longwood, FL
    Posts
    44
    I have been told by ATF that letting someone use one of my NFA items is not considered a transfer so long as I am at the range. I shoot the Florida Subgun match every month and asked ATF if someone could use one of my subguns and shoot on a different squad. So I would be on one bay and they would be on another bay. ATF told me as long as I did not leave the clubs property it would not be a problem.

    I do let the kids shoot the 22 LR full autos at the range if they want and there parents say its OK. There is nothing better then the smile on a kids face when they get to shoot a full auto.
    Last edited by BWE Firearms; 10-20-2012 at 01:03 PM.
    Richard Hoffman
    Master Gunsmith

    BWE Firearms/ Uzi HQ
    Longwood, FL
    407-592-3975
    richard@bwefirearms.com
    www.bwefirearms.com
    www.uziparts.com

  4. #4
    Junior Member
    Join Date
    Apr 2012
    Posts
    20
    We operate a range where we rent firearms, including NFA items. The ATF has consistently told us that to rent a firearm to any individual that remains on the premises is NOT considered a transfer, only a loan. They cannot remove it from the premises without a legal transfer. If you and the individual were on a range not owned by you, both the NFA item and the owner would have to remain on premises. BTW, since a transfer is not occurring, age is not a limiting factor legally.
    Bill Lake

    General Manager
    Jay's Guns & Accessories
    850-785-4686
    jaysgunsonline.com

    CEO
    Iron Hammer Security
    850-305-7182
    ironhammersecurity.com

    Lover of all things that go "BANG"

  5. #5
    This is the *current* mode of thought. With that said, NFA rentals are coming under intense scrutiny by ATF. I would not be surprised to see several flip-flops on currently regulatory implementation.

    Jeff Folloder

    NFATCA Executive Director
    www.nfatca.org










  6. #6
    Junior Member
    Join Date
    Apr 2013
    Posts
    1
    I keep getting conflicting answers on this: Can you transport a suppressor across state lines without the ATF approval, Form 5320???. Assuming it is legal in the state you are taking to.

  7. #7
    Quote Originally Posted by sr71 View Post
    I keep getting conflicting answers on this: Can you transport a suppressor across state lines without the ATF approval, Form 5320???. Assuming it is legal in the state you are taking to.
    From the NFA handbook:

    Section 13.8. Requesting permission to transport certain firearms in interstate or foreign
    commerce. A person, other than an FFL/SOT, may not lawfully transport in interstate or foreign
    commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, without
    prior written approval of ATF, specifically the NFA Branch.214 For definitions of these firearms and
    devices, refer to 27 CFR 478.11. Licensed collectors are not required to obtain such approval if the
    firearms and devices being transported are “curio or relic” firearms under the GCA. Approval for the
    transportation may be obtained by (1) a written request or (2) an approved application filed with ATF on
    Form 5320.20.
    So in other words, the answer to your question is "yes."

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