New ATF Bulletin on FTF Transfers out this Month

[oldsarge]

I just got a copy of this new bulletin.

View attachment ATF P 5300 21 Best Practices -Transfers of Firearms by Private Sellers[1].pdf

I can't find anything that much different than past practices except for maybe the part about loan of a firearm. In the past could you loan across state lines or just in your home state?

 

[Docster]

Thanks for this!

 

[Ab_Normal]

I just got a copy of this new bulletin.

View attachment 74356

I can't find anything that much different than past practices except for maybe the part about loan of a firearm. In the past could you loan across state lines or just in your home state?

By law you could and still can loan a firearm to someone that does not reside in the same state as you. The law as written does not consider a loan to be a transfer of possession so the feds really have no jurisdiction over it. YMMV

 

[oldsarge]

So how much bearing does this bulletin have on the law? Can ATF just make up rules and then enforce them?

 

[john_bud]

So how much bearing does this bulletin have on the law? Can ATF just make up rules and then enforce them?

In practice, yes.

 

[MikeTF]

By law you could and still can loan a firearm to someone that does not reside in the same state as you. The law as written does not consider a loan to be a transfer of possession so the feds really have no jurisdiction over it. YMMV

So what you're saying is that this recently released ATF 'Best Practices: Transfers of Firearms by Private Sellers.' is providing misleading information when it states the following?:

An unlicensed individual is prohibited from directly transferring a firearm to a person residing in another State.
Regardless of the purpose of the transfer (e.g. gift, trade, loan, sale, ownership, etc.), this restriction applies to all types of firearms.

 

[Silverlode]

Is this an attempt to keep people from moving banned weapons to a friend or relative's residence out of state, or am I missing the mark? This definitely limits options of defiance for those that refuse registration.

 

[clandestine]

Is this an attempt to keep people from moving banned weapons to a friend or relatives residence out of state, or am I missing the mark? This definitely limits options of defiance for those that refuse registration.

Ill be using a Storage Unit in another State if necessary.

 

[Silverlode]

Ill be using a Storage Unit in another State if necessary.

Good thinking. I was already considering options, because while I'm not registering a damn thing, I'd still rather have them not be at my house when they come to take them.

 

[Ab_Normal]

So what you're saying is that this recently released ATF 'Best Practices: Transfers of Firearms by Private Sellers.' is providing misleading information when it states the following?:

Yes they are. A 'loan' is not considered a transfer since you only relinquish control temporarily. Example: you go to a public range and rent a machine gun to shoot. Do you have to fill out a form and pay the transfer tax and wait 6/8/10 months to shoot it? No. Same holds true with a friend letting you shoot their machine gun (sbr,sbs,silencer, title 1, etc,) at a private range.

The only gray area is what length of time is considered temporary. It is not codified in the firearms regs that I have seen.

YMMV

 

[Markp]

Thankfully Obama used his executive powers to spur the ATF into action over this.

 

[kalister1]

If it is a true friend just sell him your gun for $1.00 and be legal. He can always sell it back if things change.

 

[jpk1md]

Ill be using a Storage Unit in another State if necessary.

Don't even have to go that far

Put a safe in a buddy's house.

You're welcome to leave a safe up here in NH