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Old October 1, 2012, 11:41 AM   #13
dogtown tom
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 2,168
SamNavy ....What is the standard for this transaction?
There is no standard. Each dealer can process transfers how he wants as long as he is compliant with Federal law & ATF regulations.

Understand that the dealer is REQUIRED to record the aquisition by close of business the next day.........if your gun arrives on Monday, the dealer MUST open the box and record the serial number. etc by close of business on Tuesday. He is certainly within his rights to open it immediately.

Does the ATF have official guidance? I'm not sure if this is a big deal or not... it was such a departure from what I've experienced prior that I feel compelled to ask.
ATF regulations clearly state that the dealer must record the aquisition by close of business the next day (there is an exception).

Aguila Blanca Whether it's a gun my dealer has special ordered for me OR a gun I've bought from an out-of-state seller and had shipped to my FFL, he ALWAYS lets me inspect the gun before we begin the paperwork.
As do I.
I prefer to wait until my customer arrives to open the box in front of them. If the outside of the box does not indicate who the shipment is for....then i have to open it to see what it is and who its for.

comn-cents Did you ask to see it first?
So he did something different so what!

Silliest thread I've ever read.
It a good question and far from silly.

DLiller ...When I worked in a gun shop we had to open stuff to find a number to contact the person half the time.

guncrank ...Legally the buyer is not the owner until the 4473/NICS check is done.
Not true.
Ownership is completely different than possession. The buyer DOES own the firearm....he paid for it. The dealer is only trasferring possession, not ownership via a 4473/NICS. If the customer bought the firearm from an online store or auction, they own it. They cannot take possession until they complete a 4473 and successfully pass NICS. if they are denied by NICS they continue to own the firearm but annot take possession.

SamNavy I've watched several "unboxing" videos on Youtube where the person cuts the tape and opens the box in their living room for the first time, indicating his dealer/FFL never checked/verified the serial numbers on the gun itself.
For a factory sealed box it isn't necessary or required to actually hold the gun in my hands to verify the serial number. do you think the distributor opened the box as soon as he received it from the manufacturer? Nope. Do you think the first dealer opened that factory sealed box from the distributor? Maybe. If i receive a firearm I ALWAYS open the box....and in the last year I've had two factory new guns in the wrong box. The previous dealer had opened the box to verify serial numbers and accidently switched boxes.

Unless the ATF mandates someting like "a dealer shall immediately upon receipt of a package containing a firearm, open the package and visually inspect the serial number to ensure... blah blah blah...", I just can't come to a reason why an FFL would want to open the box before the customer got there. I understand taking the wrapping off perhaps to find an invoice inside, but I can't see any reason to opening the manufacturers box itself unless the ATF mandates it. I think that should be done by the customer.
ATF DOES MANDATE a time period. See 478.125(e)

The best reason to open the box is to verify that the gun in the box is in the CORRECT box.

If you are that terrified that your dealer will swap out parts, swap guns, test fire, molest or fondle your guns.......just find a new dealer. You obviously dont trust the one you are using.

Nathan No, that is WRONG on 2 counts. . .

A dealer should NEVER open a private sale transfer gun unless they want to be solely responsible for any reduction in condition from NIB. This is seriously in poor taste....
Federal law and ATF regulations REQUIRE that the dealer open the box and record the transaction by close of business the next day.

Any dealer who does otherwise is in long have YOU been licensed?
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers)

Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
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