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FFL Needed? (Read 3557 times)
.22-5-40
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FFL Needed?
Apr 9
th
, 2017 at 9:53am
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I didn't want to hijack Bulseyetom's thread..but what about an original Sharps Borchardt action rebarreled to a modern caliber such as .22 Hornet? Can this be shipped or sold without a FFL?
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Redsetter
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Re: FFL Needed?
Reply #1 -
Apr 9
th
, 2017 at 11:52am
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YES, it would appear: "Furthermore, any rifle re-built on a receiver or frame that was manufactured prior to 1899 is considered antique, even if it has been re-barreled or even if every other part has been replaced.[8]"
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Bulseyetom
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Re: FFL Needed?
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Apr 9
th
, 2017 at 12:04pm
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I actually read where it is illegal for an ffl dealer to log a pre 1899 rifle into his bound log book as only firearms under control of the ATF can be entered. I have seen many dealers say that because they had entered a rifle they must ship to an ffl. My Borchardt was in a 219 Zipper Improved and was sent directly to my home. The receiver of a rifle is what matters and not the barrel. Tom
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Jim_Borton
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Re: FFL Needed?
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Apr 9
th
, 2017 at 12:19pm
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Wincacher
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Re: FFL Needed?
Reply #4 -
Apr 10
th
, 2017 at 10:26am
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Bulseyetom wrote
on Apr 9
th
, 2017 at 12:04pm:
I actually read where it is illegal for an ffl dealer to log a pre 1899 rifle into his bound log book as only firearms under control of the ATF can be entered. I have seen many dealers say that because they had entered a rifle they must ship to an ffl. My Borchardt was in a 219 Zipper Improved and was sent directly to my home. The receiver of a rifle is what matters and not the barrel. Tom
I had an experience last year where a local gun dealer's staff entered and antique into his bound log book in error. As I understood it, there was nothing illegal about that, but since it was on the books it had to go through the background check procedure. I was also told that the simple solution was to remove that gun from the books and sell it as an antique.
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Schuetzenmiester
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Re: FFL Needed?
Reply #5 -
Apr 10
th
, 2017 at 5:39pm
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I would bet the biggest issue is what the gobbermint employee on the scene doing the enforcement thinks the law is that may not agree with the next guy auditing the books.
Kind of like legal opinions; not necessarily what the law is. Arguments generate billable hours
"some old things are lovely, warm still with life ... of the forgotten men who made them." - D.H. Lawrence
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marlinguy
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Re: FFL Needed?
Reply #6 -
Oct 22
nd
, 2017 at 9:49pm
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Not sure about the dummy who enters an antique into his books and therefore feels he needs to sell it with a 4473 and background check. But I can tell you when I was on the receiving end of this my FFL dealer didn't continue the mistake!
He sent the dealer a copy of his FFL and when the gun was received by him he simply handed it to me and told me to enjoy it! No paperwork, and no more continuation of the stupidity.
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JS47
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Re: FFL Needed?
Reply #7 -
Oct 22
nd
, 2017 at 10:38pm
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Schuetzenmiester wrote
on Apr 10
th
, 2017 at 5:39pm:
I would bet the biggest issue is what the gobbermint employee on the scene doing the enforcement thinks the law is that may not agree with the next guy auditing the books.
Kind of like legal opinions; not necessarily what the law is. Arguments generate billable hours
This is the problem with most regulations. It all depends on the individual who pays you a visit. I sent a Rolling Block off to a company for some work and they required a copy of my drivers license. When I asked why, I was told that because some Rolling Blocks were made after 1899 and it was difficult to prove the date of manufacture they were just playing it safe. From their point of view, it makes sense.
JS
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