Thread: Someone Help Me
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Old January 31, 2009, 08:45 AM   #40
Gohon
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Join Date: January 14, 2009
Location: Oklahoma
Posts: 30
Quote:
that my wife, a Wyoming resident, with a Wyoming driver's license, listing Wyoming as state of residence on two different 4473's at two different FFL's in Oklahoma has bought two different long guns there.
That's what you claim but personally I'm not buying it....pun intended. Send me the name and phone numbers of these two FFL dealers and I'll personally call them myself and ask them. I'll even post the name and number of the very person I spoke to at that FFL dealer and anyone can call him. The only way those guns could have been purchased as you claim was (1) it was before the State statute was written or, (2) the two FFL dealers committed a felony. The state law I posted was given to me by a FFL dealer who flat out said he could not and would not sell to anyone that was from other than a contiguous state. I have since checked with several other FFl dealers who say the same thing. They are bound by state law, not some news letter from BATFE. It is not just my opinion....it is STATE law.

What you seem to be missing is the fact that states can add to any federal law as long as it is stricter than the federal law. The BATFE interperation has no authority to force any state to go by the minimum federal law imposes. For example, "Starting July 1st, 2008, FFLs wishing to send a firearm to a California FFL must first register with the California Dept. of Justice (CA DOJ), submit the details of the transaction(s), and then wait for the CA DOJ to issue a “Firearms Shipment Approval” letter. The letter must be enclosed within the gun shipment and the receiving FFL in California must retain the letter for three (3) years. Curios and relics are exempt, but otherwise this applies to all firearms — handguns, rifles, and shotguns."

This is all perfectly legal and BATFE has no authority to force California to only enforce the minimum Federal law. Want to take a guess why California wrote this law? Of course it is to keep guns out of California, and out of state FFL dealers will most likely find their request denied with very few exceptions. So if states write a statute that says sales only to contiguous states then it is a felony if the FFl dealer does otherwise.

Last edited by Gohon; January 31, 2009 at 09:25 AM.
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