General

NSSF Opposes New ATF Ruling Regarding Firearms Transfers

ATF Form 4473

The National Shooting Sports Foundation (NSSF) is the trade organization for the firearms industry, but it also looks out for the individual as well. In fact, the NSSF is a major defender of your Second Amendment Rights. Although few of you are likely to possess an FFL and be directly affected, it is important to note how the NSSF is continually looking out for the industry and your gun rights.

National Shooting Sports Foundation Logo The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has published the final lost and stolen in transit rule in the Federal Register. NSSF has actively opposed the rule since a version was first published in 2000. The rule becomes effective 30 days from today, on Feb. 11. Apart from ATF’s lack of statutory authority to impose the rule, the major problem with this rule is that it requires FFLs to report as lost or stolen in transit firearms that have already left their inventory.

Once firearms have been sold FOB, shipped and recorded as a disposition, this rule essentially requires that they still be considered part of the shipping FFL’s inventory for purposes of timely reporting to ATF in the exceeding rare case when they are lost or stolen while in transit. Rather than putting the onus on the receiving FFL, who would best know whether the firearms they paid for and are expecting have arrived, and continuing the effective long-standing voluntary reporting program, ATF chose to publish the final rule.

Do you support the NSSF’s opposition? Are you an FFL holder? Share your thoughts and opinions in the comment section.

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Comments (6)

  1. As an addendum to this article and an aside from my previous reply to Galaxie Man, I’m surprised we haven’t seen big, splashy, ATF arrests of one or more collectors who have sold a bunch of guns in the last year or so. There’s been enough time that has passed since the Obama ATF’s last, ridiculous to us, but sensible to them, rule whereby Loretta Lynch announced that as few as one or two guns sold could make you a “gun dealer.” And, if you don’t have an FFL you are in violation of the regulation.

    This is the exact same type of regulation as the one we are discussing in the context of this article; it is intended to cause good people to stop selling weapons by fear.

  2. Why not just report every gun shipped as lost ?

    Bury them in their own rules, as you no longer know where the gun is

    IT IS LOST.

  3. So, in other words, a dealer is responsible for any firearm sold and shipped, even though it is no longer under their control.
    |
    That’s nonsense. How about the transporting entity being responsible, like UPS or FedEx? It is no longer under the control of the FFL who shipped it. Anyone who has ever sold anything to someone and shipped it to them knows that.

  4. “Once firearms have been sold FOB, shipped and recorded as a disposition, this rule essentially requires that they still be considered part of the shipping FFL’s inventory for purposes of timely reporting to ATF in the exceeding rare case when they are lost or stolen while in transit. Rather than putting the onus on the receiving FFL,”

    I think that makes sense because the sending FFL always knows when a weapon is shipped, but the receiving FFL may not know it’s coming, like in the case of many online transactions.

  5. Just another way to trip up an unsuspecting legitimate FFL so they can yank the license, by making them responsible for something they are no longer legally responsible for.

    Just like they try to do to the rest of us. There is a book called “Three Felonies A Day” by Harvey A. Silvergate. The premise of the book is that there are SO MANY onerous laws on the books and bureaucratic regulations that have the force of law, that just living our lives as the average citizen we all commit 3 felonies each and every day.

    1. You nailed it. When examining most rules by most bureaucracies, you cannot apply “common man logic or common sense.” As far as I’m concerned common sense should in most cases be the law of the land, but the ATF, as most Federal government bureaucracies are, is an instrument of torture for the American people. From Obama’s point of view, and probably whoever he has appointed to lead it, any catch 22 that they can use to pull an FFL’s license, fine them and, possibly, put them into prison is an appropriate use of Federal power. Why? Because FFL’s sell guns. Yep. That’s it. Because FFL’s sell guns. Get rid of an FFL and you have improved the country. The man of common sense, yells, “Why? The weapons isn’t in their hands anymore. This makes no sense.” Unfortunately for all FFL’s the new rule is not intended to make sense, it is intended to drive small FFL’s out of business by torturing them either mentally with the possibility of this happening to them, or literally by prosecuting them. I would bet that the ATF, under Obama, will prosecute one or more FFL’s for not reporting something that they have no idea happened and was not in their control when it happened, and the most likely result will be a plea bargain whereby the FFL agrees to surrender their license and stop doing business, maybe pay a fine.

      Justice? No.

      One less FFL? Yes.

      Power mad Marxists don’t care about the individual citizen unless they happen to be their relative or a good party member friend. You can’t make an omelet without breaking a few eggs, ‘eh? If one of those eggs happens to be the lively hood of a good person in America, well that’s just the cost doing what’s best for government.

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