C&R Question - Gun is not in posession - what if I am audited? in The Parallax View Forum

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C&R Question - Gun is not in posession - what if I am audited?

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jmace57.curioandrelicfi...	C&R Question - Gun is not in posession - what if I am audited?	Lead	[-]
Posts: 10 Apr 12 11 7:10 PM Reply Quote More My Recent Posts	Tags : None I have a C&R license and correctly maintain my bound book. I have a question I have not run across before. I am going to visit family in a few months in another state, where they are big shooters and have great places to shoot. My sister who lives there 6 months a year is leaving next week, and I was thinking of sending my Tokarev (bought with C&R license) and another gun with her as she is driving up and I won't have the hassle of trying to send it up there, or try and check it in airline baggage. I was thinking of having her bring it back down in the Fall when she returns to the state where I live. My question is...what happens if I happen to be audited by BATF? I will show I have a gun in my bound book, but I wouldn't have posession of it. Is that a problem? Should I NOT send the C&R gun up there? Does anyone have suggestions? Many thanks
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ptrthgr8		#1	[-]
Posts: 4017 Apr 13 11 6:13 AM Host Reply Quote More My Recent Posts	jmace57 wrote: I have a C&R license and correctly maintain my bound book... My question is...what happens if I happen to be audited by BATF? I will show I have a gun in my bound book, but I wouldn't have posession of it. Is that a problem? If you're properly maintaining your bound book, then you know you would have to log those weapons out of your bound book since you're transferring possession to your sister. If you transfer those weapons to her without properly logging them in the "disposition" section, then you're breaking the law. Log them in again as acquisitions when you come home. If you're properly maintaining your bound book, getting audited at any time shouldn't present any special problems. (Other than the hassle of getting audited, of course.) Cheers, ~ Greg ~ "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse." -- John Stuart Mill Check out my photos! public.fotki.com/ptrthgr8/ Click here to adopt a US sniper today!
beanstrung		#2	[-]
Posts: 6318 Apr 13 11 8:15 PM Forum Site Moderator Reply Quote More My Recent Posts	I don't think he can directly transfer (dispose of) a handgun to an out-of-state resident. It would have to be shipped to a dealer in her state, then transferred to her by that dealer. I assume that the term "Tokarev" refers to a TT-33 type pistol, if we are talking about an SVT-38 or SVT-40 rifle, then never mind, as this restriction does not apply to long-guns. -Bean --------------------------------------------------------------------------- What part of "shall not be infringed" don't you understand? Joel 3:9-10 Last Edited By: beanstrung Apr 13 11 8:20 PM. Edited 2 times.
ptrthgr8		#3	[-]
Posts: 4017 Apr 14 11 6:12 AM Host Reply Quote More My Recent Posts	You're probably right, Bean - I had just assumed we were talking about a rifle, but after re-reading the OP's question I think we're actually talking about a pistol. It all depends upon his sister's actual state of residence. He mentioned that she lives out of state for 6 months of the year - does she live in your state for the other 6 months then? If she's a resident of your state then it won't be an issue to transfer the pistol to her (as long as she's otherwise legally able to own the weapon and as long as you properly update your bound book). If she's not a resident of your state, then there's not much you can do, JMace57. Anything other than taking it yourself (or having it shipped to yourself where you'll be staying - I think you can still do that for handguns) would be a violation of federal law. ~ Greg ~ "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse." -- John Stuart Mill Check out my photos! public.fotki.com/ptrthgr8/ Click here to adopt a US sniper today!
jmace57.curioandrelicfi...		#4	[-]
Posts: 10 Apr 14 11 6:55 PM Reply Quote More My Recent Posts	Thanks for the good information gents. I should have provided that information. I was indeed talking about a Tokarev pistol. Also, my sister does reside in the same state that I do. I have transferred the pistol to her, and noted so in my bound book. I apprecieate your guidance. Jim
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LMHawk	Re: C&R Question - Gun is not in posession - what if I am audited?	#5	[-]
Posts: 355 Apr 15 11 9:13 AM Veteran member Reply Quote More My Recent Posts	Anytime I fly on vacation, I take a pistol with me. It gets checked into my carryon bag in a hard case and a padlock. I have never had any kind of hassle either by the airline or TSA. Just has to be declared and follow the regulations from the TSA website. Also I think they keep an extra eye on my luggage as it would be hell to pay if they lost a gun. Bob
Tenring36		#6	[-]
Posts: 824 Apr 15 11 11:05 AM Veteran member Reply Quote More My Recent Posts	Bob, are you sure you meant carry on luggage, not checked luggage? I doubt if TSA would allow anyone (except an air marshal) to carry a firearm onto a plane no matter how securely it is packaged. Be thankful we're not getting all the government we're paying for .... Will Rogers
zeebill		#7	[-]
Posts: 4643 Apr 15 11 9:34 PM Reply Quote More My Recent Posts	Latitude if pushed on guns not on premise can be a 24 or 48 hour to get it deal too. We have done that many times with rifles and pistols and they are of course noted during an ATF inspection and later checked by them. This is for a class one dealer and frankly I see no reason why that can't apply to a C&R too. Of course it takes them 2 or 3 days to inspect all the rifles in our place too. I have found the ATF to be very understanding in most few cases and almost always cuts dealers a break unless they get a stupid case of the atitude. Most of us are very impressed by their power and get scared to stand up for implied or specific rights so we get bullied about a bit as a result. Bill
LMHawk		#8	[-]
Posts: 355 Apr 15 11 9:52 PM Veteran member Reply Quote More My Recent Posts	Sorry, I certainly meant my checked luggage. Bob
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C&R Question - Gun is not in posession - what if I am audited?

C&R Question - Gun is not in posession - what if I am audited?