Author Topic: Q: What kind of record keeping requirements do C&R FFL03's have to follow?  (Read 1229 times)

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Online running-man

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Disclaimer: SKS-files.com is not composed of legal experts, we do our absolute best to make sure that what we post here is accurate, thorough, and factually based.  Still, it is the epitome of foolishness to listen to “a guy on the internet” as your sole basis for legal advice.  If you have specific questions about this subject, you should consult appropriate legal council who specialize in firearms law or contact the ATF directly to obtain a formal determination about your particular firearm or issue.

There is an entire section of the Code of Federal Regulations that deals with just this topic.  It can be found at 27 CFR §478.125(f)

Let's break it down:
  • All C&R firearm acquisitions and dispositions must be 'entered into record' by the C&R FFL03 licensee.
  • The record required for C&R FFL03 holders is a bound book as described in 27 CFR §478.125(f)(2).  Note that per ATF Ruling 2013-5, computerized records are now allowed as long as the conditions of the ATF ruling are met.
    The bound record should record everything shown in this example format (note that this example has no form 4473 provisions and is different than the example given for FFL01 dealers in this same CFR):
  • The acquisition (purchase) of a C&R firearm shall be recorded not later than the close of the next business day following the date of the purchase or acquisition.  There is a provision here that if a commercial record of the transaction exists (i.e. bill of sale, sales agreement, detailed receipt), and if the commercial record contains all of the acquisition information required by the bound record prescribed by paragraphs 27 CFR §478.125(e) (FFL01s) and 27 CFR §478.125(f) (FFL03s), then you may delay entering the acquisition information in your bound record for up to 7 days after the acquisition.  You must keep a copy of the commercial record separate from other commercial documents on the premises shown on the license and available for inspection.  They also make the caveat that if you dispose of the firearm within that 7 day window, you must then immediately enter the acquisition information into your bound record.
    The acquisition information that must be recorded is:
    1. The date the C&R firearm is received.
    2. The name and address or the name and FFL number of the person from whom received.
    3. The name of the manufacturer and importer (if any).
    4. The model of the C&R firearm.
    5. The serial number of the C&R firearm.
    6. The type of C&R firearm (pistol, rifle, shotgun).
    7. The caliber or gauge of the C&R firearm.
  • The disposition (sale) of a C&R firearm shall be recorded not later than 7 days following the date of the sale or transaction.  Again they make the provision that until the disposition is recorded into the bound record, you must have a commercial record of the disposition showing all of the disposition information required by the bound record prescribed by paragraphs 27 CFR §478.125(e) (FFL01s) and 27 CFR §478.125(f) (FFL03s) that is maintained separate from other commercial documents, maintained at the C&R FFL03 address shown on the license, and be readily available for inspection.
    The disposition information that must be recorded is:
    1. The date of the sale.
    2. The name and address or the name and FFL number of the person to whom the C&R firearm is being transferred to or the name and license number of the person if such person is a licensee.
    3. The date of birth of the transferee if other than a licensee.
    4. In addition, the person if other than a licensee, must be be identified in any manner customarily used in commercial transactions (i.e. a driver's license, military ID card, etc.), and note on the record what method was used.
  • All armor piercing ammunition dispositions (sales) must be recorded by a C&R FFL03. 
    AP ammunition disposition information should be recorded with the information shown in this example format

    and must include:
    1. The date of the AP ammunition transaction.
    2. The name of the AP ammunition manufacturer.
    3. The caliber or gauge of the AP ammunition.
    4. The quantity of AP projectiles
    5. The name, address, and date of birth of the non-licensee, or the FFL number of the licensee. 
    6. If non-licensee, the method used to establish the identity of the AP ammunition purchaser.

In addition to the bound record, there are a couple of special cases you need to be aware of.
  • If you find that any C&R firearm in your collection is lost or stolen, you must notify the local authorities and the Attorney General (via the ATF) per 18 U.S.C. § 923(g)(6) and 27 CFR § 478.39a.

    Quote from: 18 U.S.C. § 923(g)(6)
    Each licensee shall report the theft or loss of a firearm from the licensee's inventory or collection, within 48 hours after the theft or loss is discovered, to the Attorney General and to the appropriate local authorities.
    Quote from: 27 CFR § 478.39a
    Each licensee shall report the theft or loss of a firearm from the licensee's inventory (including any firearm which has been transferred from the licensee's inventory to a personal collection and held as a personal firearm for at least 1 year), or from the collection of a licensed collector, within 48 hours after the theft or loss is discovered. Licensees shall report thefts or losses by telephoning 1-888-930-9275 (nationwide toll free number) and by preparing ATF Form 3310.11, Federal Firearms Licensee Theft/Loss Report, in accordance with the instructions on the form. The original of the report shall be forwarded to the office specified thereon, and Copy 1 shall be retained by the licensee as part of the licensee's permanent records. Theft or loss of any firearm shall also be reported to the appropriate local authorities.
    After filling out ATF form 3310.11, you would also list the disposition of the firearm as 'lost' or 'stolen' along with the date in your bound record.

  • If you transfer two or more revolvers or pistols to an unlicensed person during any five consecutive business day period, you must fill out ATF form 3310.4.  Three copies of the form must be produced (possibly four, the law itself states that two copies should be furnished to the ATF).  The first goes to the ATF, the second goes to the local chief law enforcement officer (CLEO, usually your local chief of police, your county sheriff, or someone designated by your state), the third stays with the licensee with their records (attached supposedly to the 4473).  Many people think that C&R FFL03s are exempt from this rule since they aren't 'dealers' and don't have to fill out form 4473s, but the provision in 27 CFR § 478.126a makes no distinction between 'dealers' and 'collectors' like other sections do, it simply states 'licensees'.  In addition, U.S.C § 923(g)(3)(A) states:
    Quote from: U.S.C § 923(g)(3)(A)
    Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs.
« Last Edit: July 06, 2017, 02:21:50 PM by running-man »