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Old February 23, 2002, 05:15 PM   #15
Kevinch
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Join Date: February 6, 2001
Location: NE OH.
Posts: 828
From the FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE, ATF P 5300.4 (01-00):

(F13) What may a licensed dealer do at an out-of-State gun show?

A licensed dealer may sell and deliver curio or relic firearms to another licensee at an out-of-State gun show. With respect to other firearms transactions, a licensed dealer may only display and take orders for firearms at an out-of-State gun show. In filling any orders for firearms, the dealer must return the firearms to his or her licensed premises and deliver them from that location. Any firearm ordered by a nonlicensee must be delivered or shipped from the licensee's premises to a licensee in the purchaser's State of residence, and the purchaser must obtain the firearm from the licensee in the purchaser’s State. Except for sales of curio or relic firearms to other licensees, sales of firearms and simultaneous deliveries at the gun show, whether to other licensees or to nonlicensees, violate the law because the dealer would be unlawfully engaging in business at an unlicensed location.
[18 U.S.C. 922(a)(1), (b)(3), 923(a), (j)]

(Emphasis added by author of this post)


RULINGS
27 CFR 178.41: General
(Also 178.42, 178.50)

Firearms or ammunition may not be sold at gun shows by a licensed dealer, but orders may be taken under specified conditions; Revenue Ruling 66-265 superseded.
Rev. Rul. 69-59


Advice has been requested whether a person who is licensed under 18 U.S.C. Chapter 44 (which superseded the Federal Firearms Act (15 U.S.C. Chapter 18)) or who is continuing operations under a license issued to him under the Federal Firearms Act, as a manufacturer, importer or dealer in firearms or ammunition may sell firearms or ammunition at a gun show held on premises other than those covered by his outstanding license.

Under 18 U.S.C. 923(a), "a separate fee" is required to be paid for each place at which business as a licensee is to be conducted. Further, each applicant for a license is required to have in a State "premises from which he conducts business" (18 U.S.C. 923(d)(1)(E)) and to specify such premises in the license application. In addition, record s are required to be maintained at the business premises covered by the license (18 U.S.C. 923(g)).

Therefore, a person holding a valid license may engage in the business covered by the license only at the specific business premises for which his license has been obtained. Thus, a licensee may not sell firearms or ammunition at a gun show held on premises other than those covered by his license . He may, however, have a booth or table at such a gun show at which he displays his wares and takes orders for them, provided that the sale and delivery of the firearms or ammunition are to be lawfully effected from his licensed business premises only and his records properly reflect such transactions.

There are no provisions in the law for the issuance of temporary licenses to cover sales at gun shows and licenses will be issued only for premises where the applicant regularly intends to engage in the business to be covered by the license.

This ruling does not apply to the activities of licensed collectors with respect to the receipt or disposition of curios and relics by such collectors. For provisions relating to transactions by licensed collectors of curios and relics, see 26 CFR 178.50 of the regulations.

Rev. Rul. 66-265, 1966-2 , C.B. 559, is hereby superseded.

Editor's Note
In 1986, the GCA was amended to allow licensees to sell firearms at gunshows in the State in which their licensed premises are located, and was further amended in 1997 to allow licensees to sell curio or relic firearms to other licensees at any location. The ruling is still applicable to licensees’ off-premises sales not addressed by these amendments.

*END OF ATF P 5300.4 (01-00) TEXT*

From how that reads, it is not permitted for a dealer to sell and deliver a firearm (unless a Curio & Relic) at a gun show that is in a state other than where the license is registered, even to another FFL holder. No?
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...arms...discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. ...Horrid mischief would ensue were (the law abiding) deprived the use of them. --Thomas Paine
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