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Old October 8, 2012, 02:34 PM   #14
Fishing_Cabin
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Join Date: February 10, 2010
Posts: 716
Quote:
If I may ask,- in the case of a private out-of-state seller going through an FFL to ship a handgun to a buyer, - - - does the receiving FFL record the name/address of the private seller somewhere in his paperwork ? I always wondered how 'ownership' was handled when a private sale gun is shipped between FFL holders for their customers.
The initial receiving FFL will record the name, and address in his A&D bound book, as an acquisition.

Quote:
are guns as a matter of routine, run through some kind of 'stolen gun' data base by FFLs as they make transfers ? (Likely not, I suppose - given that the pawn shop owner made his accusations about ownership of the Kimber without any evidence of it appearing on any lists.

Since I dont know where you or the OP is from, I will use NC law to show you an example. There is no requirement in NC for a FFL to report each firearm they receive to be checked to see if it is stolen. In fact I dont know of any other states that require that either, unless the FFL is also a pawn broker. Once the FFL is a pawn broker, he must also follow the laws for a pawn broker, and that will require each firearm (or any item) received as a pawn to be reported. Some states may have a requirement for a pawnshop to include all transactions, such as a straight sale to the pawn shop, not just pawns, in their records.


Quote:
Originally Posted by ยง 91A-15
Record keeping requirements.
(a) Every pawnbroker shall keep consecutively numbered records of each and
every pawn transaction, which shall correspond in all essential particulars to a
detachable pawn ticket or copy thereof attached to the record.
(b) The pawnbroker shall, at the time of making the pawn or purchase
transaction, enter upon the pawn ticket a record of the following information which
shall be typed or written in ink and in the English language:
(1) A clear and accurate description of the property, including model and
serial number if indicated on the property;
(2) The name, residence address, phone number, and date of birth of
pledgor;
(3) Date of the pawn transaction;
(4) Type of identification and the identification number accepted from
pledgor;
(5) Description of the pledgor including approximate height, weight, sex,
and race;
(6) Amount of money advanced;
(7) The date due and the amount due;
(8) All monthly pawn charges, including interest, annual percentage rate
on interest, and total recovery fee; and
(9) Agreed upon 'stated value' between pledgor and pawnbroker in case of
loss or destruction of pledged item; unless otherwise noted, 'stated
value' is the same as the loan value.
c) The following shall be printed on all pawn tickets:
(1) The statement that "ANY PERSONAL PROPERTY PLEDGED TO A PAWNBROKER WITHIN THIS STATE IS SUBJECT TO SALE OR DISPOSAL WHEN THERE HAS BEEN NO PAYMENT MADE ON THE ACCOUNT FOR A PERIOD OF 60 DAYS PAST MATURITY DATE OF THE ORIGINAL CONTRACT. NO FURTHER NOTICE IS NECESSARY.";
(2) The statement that "THE PLEDGOR OF THIS ITEM ATTESTS THAT IT IS NOT STOLEN, HAS NO LIENS OR ENCUMBRANCES, AND IS THE PLEDGOR'S TO SELL OR PAWN.";
(3) The statement that "THE ITEM PAWNED IS REDEEMABLE ONLY BY THE BEARER OF THIS TICKET OR BY IDENTIFICATION OF THE PERSON MAKING THE PAWN."; and
(4) A blank line for the pledgor's signature and the pawnbroker's signature or initials.
(d) The pledgor shall sign the pawn ticket and shall receive an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any employee of the pawnbroker. These records shall be available for inspection and pickup each regular workday by the sheriff of the county, or the sheriff's designee or the chief of police, or the chief's designee of the municipality in which the pawnshop is located. These records may be electronically reported to the sheriff of the county or the chief of police of the municipality in which the pawnshop is located by transmission over the Internet or by facsimile transmission in a manner authorized by the applicable sheriff or chief of police. These records shall be a correct copy of the entries

Last edited by Fishing_Cabin; October 8, 2012 at 03:10 PM.
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