Yes, it is a TYPO. There is 1 dealer, the "transfer dealer" in the BUYER'S state of residence.
That dealer runs a NICS check on the person to whom HE makes the transfer, Tom. It doesn't matter if Bob provides *initial* *financing* for the deal as long as the "transferee" on the Form 4473, Tom, ends up with the gun (and keeps it). On Tue, May 7, 2013 at 12:36 PM, Greg Jacobs <[email protected]> wrote: > I don't think that what Professor Olson postulates below is correct but > I'm thinking it's a typographical error so I'll enter comments and see what > he says: > > -----Original Message----- > From: "Olson, Joseph E." > ** > > > Sent: May 7, 2013 9:43 AM > To: Greg Jacobs > ** > > > Cc: "Firearms Reg, List" > ** > > > Subject: Re: Interstate transactions and the Big Lies > > That's correct. The intermediate FFL Dealer is often referred to as the > "Transfer Dealer." 18 USC 922 is focused on transfer of possession, not > the location of legal title or money. > > While I can agree with that I wouldn't use the term "intermediate FFL > Dealer" because it implies that there is another dealer as well. In the > case at hand > > the "Transfer Dealer" is the only dealer so while he is an intermediary > between the seller and recipient buyer he is "The Dealer". All FFL dealers > are intermediaries > > but I don't think that's a good term. > > > So if Bob sees a gun on the Internet that he knows Tom wants, Bob can call > or e-mail the seller, Bob can send his money to the seller, and the gun can > be shipped by the seller directly to the Transfer Dealer. The Transfer > Dealer then "books" the gun into HIS inventory. Tom repays Bob for the > courtesy and Bob tells the dealer to *transfer* the gun to Bob. > > TYPO!!!!!!!!!!!!!!!! Bob tells the dealer to transfer the gun to Tom. > Yes? > > After > that, the transfer proceeds as any other. Tom goes to the dealer, fills > out an ATF Form 4473 and shows proper ID. The dealer calls NICS for a > background check on Tom, the transferee, and gets clearance. Bob takes his > > TYPO!!!!!!!!! Tom takes his new gun, yes? > > new gun and goes shooting with his good friend Tom. > > TYPO!!!! Tom goes shooting with Bob, yes? > > Otherwise we created a straw buyer and an illegal transfer and I am > certain that Professor Olson did NOT mean that. > > The dealer does his > bookwork. After a time, the Form 4473 makes it's way to BATF, gets > scanned, and goes into the government's permanent record somewhere in West > Virginia. > This last is a totally separate topic that I will parse for a new email. > > ****** > > *********GRJ*** > > > > On Tue, May 7, 2013 at 12:33 AM, Greg Jacobs > ** > > wrote: > > > > >..........snip my comments.....leave rules................ > > > > > Check out the rules taken directly from the ATF website: > > > > > > http://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf > > > > 2. May I lawfully transfer a firearm to a friend who resides in a > > different State? > > > > Under Federal law, an unlicensed individual is prohibited from > > transferring a firearm to an individual who does not reside in the State > > where the transferee resides. Generally, for a person to lawfully > transfer > > a firearm to an unlicensed person who resides out of State, the firearm > > must be shipped to a Federal Firearms Licensee (FFL) within the > recipient's > > State of residence. He or she may then receive the firearm from the FFL > > upon completion of an ATF Form 4473 and a NICS background check. > > > > 7. May I lawfully ship a firearm directly to an out-of-State licensee, > > or must I have a licensee in my State ship it to him? May the licensee > > return the firearm to me, even if the shipment is across State lines? > > > > Any person may ship firearms directly to a licensee in any State, with > > no requirement for another licensee to ship the firearm. However, > handguns > > are not mailable through the United States Postal Service and must be > > shipped via common or contract carrier.(18 USC §§ 1715). Firearms shipped > > to FFLs for repair or any other lawful purpose may be returned to the > > person from whom received without transferring the firearm through an FFL > > in the recipient's State of residence. FFLs may also return a replacement > > firearm of the same kind and type to the person from whom received. 18 > USC > > § 922(a)(2)(A). > > > > > > > > > > > > > > > > > > _______________________________________________ > > To post, send message to [email protected] > > To subscribe, unsubscribe, change options, or get password, see > > http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof > > > > Please note that messages sent to this large list cannot be viewed as > > private. Anyone can subscribe to the list and read messages that are > > posted; people can read the Web archives; and list members can (rightly > or > > wrongly) forward the messages to others. > > > > > > -- > > ************************************************************************************************************** > Professor Joseph Olson, J.D.(*Hon*. Duke), LL.M.(*Tax*. Florida) > > o 651-523-2142 > Hamline University School of Law (MS-D2037) > f 651-523-2236 > St. Paul, MN 55113-1235 > c 612-865-7956 > [email protected] > http://law.hamline.edu/constitutional_law/joseph_olson.html > > ******** > > -- ************************************************************************************************************** Professor Joseph Olson, J.D.(*Hon*. Duke), LL.M.(*Tax*. Florida) o 651-523-2142 Hamline University School of Law (MS-D2037) f 651-523-2236 St. Paul, MN 55113-1235 c 612-865-7956 [email protected] http://law.hamline.edu/constitutional_law/joseph_olson.html
_______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
