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presents
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March, 2000
WHAT'S ALL THIS THEN?: THE CRUFFLER'S GUIDE TO MAINTAINING YOUR BOUND BOOK
One
of the few requirements placed on Crufflers with
respect to obtaining firearms is that of maintaining an Acquisition and
Disposition record, commonly known as a "bound book." There is a
good deal of misinformation floating about concerning these record keeping
requirements. This can cause confusion in a best case scenario, and
more likely than not, legal difficulties in the event that one is inspected
by the BATF. And so, in yet another installment of our ever continuing
series, "The Cruffler's Guide to Avoiding Enforced Stays at Club Fed" we
address the legal requirements for a bound book. Please remember though,
that the only people who can give you an a legally authoritative answer
on what the law is in a given jurisdiction are judges or prosecutors assigned
to that jurisdiction, be it state or federal.
WHO SAYS?: Legislative Codification of the Bound Book Requirement
The
requirement for holders of Type 03 FFL's to keep a bound book is found
in Title 27 of the Code of Federal Regulations, Part 178.125, subsection
(f) (27CFR178.125(f)), where it says: "Each licensed collector shall
enter into a record each receipt and disposition of firearms curios or
relics. The record required by this
paragraph
shall be maintained in bound form under the format prescribed below."
OK, WHEN?: Time Requirements for Logging Acquisitions
As
per 27CFR178.125(f), "The purchase or other acquisition of a curio or relic
shall. . . be recorded not
later
than the close of the next business day following the date of such purchase
or other acquisition."
WHAT DO I GOTTA LOG?: The Nature of the Records that Must Be Kept
As
per 27CFR178.125(f), for each firearm acquired, "The record shall show
the date of receipt, the name and address or the name and (Federal Firearms)
license number of the person from whom received, the name of the manufacturer
and importer (if any), the model, serial number, type, and the caliber
or gauge of the
firearm
curio or relic."
WHAT ABOUT SELLING?: Recordkeeping Requirements for Dispositions
The most recent revision of 27CFR178.125 incorporates rather strict recordkeeping requirements for the Type 03 licensee. We've reproduced the text of the regulation with our (hopefully enlightening) comments interspersed.
"The
sale or other disposition of a curio or relic shall be recorded by the
licensed collector not later than 7 days following the date of such transaction.
<CRUFFLER.COM:
Best bet? Log it out the same day as you relinquish possession of
the gun!>
When
such disposition is made to a licensee, the commercial record of the transaction
shall be retained, until the transaction is recorded, separate from other
commercial documents maintained by the licensee, and be readily available
for inspection. The record shall show the date of the sale or other disposition
of each firearm curio or relic, the name and address of the person to whom
the firearm curio or relic is transferred, or the name and license number
of the person to whom transferred if such person is a licensee, and the
date of birth of the transferee if other than a licensee.
<CRUFFLER.COM:
For all transactions, create a Bill of Sale that lists:
Date
Buyer's Name
Buyer's Address
Buyer's License Number if a Licensee
Buyer's Date of Birth if a Non-licensee
Make, Model, Caliber, Serial Number of Firearm
While
the regulation says you can toss this after you record the disposition
in your bound book - DON'T!>
In
addition, the licensee shall cause the transferee, if other than a licensee,
to be identified in any manner customarily used in commercial transactions
(e.g., a driver's license), and shall note on the record the method used.
<CRUFFLER.COM:
Ask to see a driver's license when you make the transaction.>
In
addition, the licensee shall--
(1) Cause the transferee, if other than a licensee, to be identified in
any manner customarily used in commercial transactions (e.g., a driver's
license), and note on the record the method used, and
<CRUFFLER.COM:
When you transfer a firearm to a non-licensee, record their driver's license
number and date of birth in your bound book - "Virginia Driver's License,
No.: 123-45-6789, DOB: 9-14-64">
(2) In the case of a transferee who is an alien legally in the United States
and who is other than a licensee--
(i) Verify the identity of the transferee by examining an identification
document (as defined in Sec. 178.11), and
(ii) Cause the transferee to present documentation establishing that the
transferee is a resident of the State (as defined in Sec. 178.11) in which
the licensee's business premises is located if the firearm curio
or
relic is other than a shotgun or rifle, and note on the record the documentation
used or is a resident of any State and has resided in such State continuously
for at least 90 days prior to the transfer of the
firearm
if the firearm curio or relic is a shotgun or rifle and shall note on the
record the documentation used. Examples of acceptable documentation include
utility bills or a lease agreement which show that the transferee has resided
in the State continuously for at least 90 days prior to the transfer of
the firearm curio or relic.
, ,
<CRUFFLER.COM:
If you sell a firearm to a resident alien, make sure you see their green
card and record the number in your bound book. If you sell a C&R pistol
to an alien you must have some form of documentation to show that he/she
is a resident of your state for a minimum of three months prior to the
sale. Here's a tip - ask for a photocopy of the document, staple
it to the Bill of Sale that you're going to keep, and enter the information
about the document in your bound book when you record the sale.>
WHAT
DOES IT LOOK LIKE?: Format for the Bound Book
The
format required for the record of receipt and disposition of firearms by
collectors is illustrated below. Note that while we show both Acquisition
and Disposition records as part of the same table, it is permissible to
have them on facing pages so long as the same records are on the same lines:
Firearms Collectors Acquisition and Disposition Record
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308 Win Lane Killeen, TX 76541 |
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(Intrac) |
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2-88-109-01-1G-19444 |
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Stalingrad, VA 22030 VA DL: 222-33-4444 DOB: 9/16/51 Residency verified by utility bill |
The two example records we've provided show both acquisition and disposition.
The first record is for the acquisition of a rifle from a non-licensee, and subsequent disposition to a Type 03 licensee. Note that the Name and Address column in the receipt section has the full address of the person from whom the rifle was received since that person is a non-licensee, and the Address column for dispositions contains only the license number as that person is a licensee.
The second record shows the acquisition of a pistol from a licensee and subsequent disposition to a non-licensee who is a resident of one's own state. Note that the Name and Address column in the receipt section has only the license number. Since the person to whom the pistol was disposed is a non-licensee, in addition to the address, the driver's license number and date of birth is also recorded. If the person had been a resident alien, and since the firearm in question is a pistol, the type of document used to establish in-state residency is also noted.
WHAT
ABOUT STUFF I ALREADY HAVE?: Which Firearms Must Be Logged
You
are not required to log firearms that were owned prior to receipt of the
license. Only those firearms acquired using your Type 03 FFL must
be logged in your bound book.
WHAT
ABOUT MODERN STUFF I GET LATER?: Which Firearms Must Be Logged
You
are not required to log firearms that were not acquired using your Type
03 FFL. Since you cannot acquire modern firearms with your Type 03
FFL, and must purchase them as a non-licensee, you need not log them in
your bound book. Along this vein, if you purchase a C&R firearm
as a non-licensee, filling out the Form 4473 and undergoing the state or
NICS background check, you need not log it in your bound book.
For
further information, please contact the BATF
at (202) 927-7777, and ask for the Firearms Programs Office.