Multiple Handgun Purchase Reporting?
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Multiple Handgun Purchase Reporting?

This is a discussion on Multiple Handgun Purchase Reporting? within the Firearm Politics & 2nd Amendment Issues forums, part of the Main Category category; I am curious about an incident that happened today at a local gun shop, and wondering if anyone else has ...

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    Default Multiple Handgun Purchase Reporting?

    I am curious about an incident that happened today at a local gun shop, and wondering if anyone else has had this experience.

    My husband purchased a handgun from a shop in Eugene, Oregon. He was handed the NICS paperwork, and on the back of one of the pages the following statement was stamped: "I certify that I have not purchased a handgun from *** in the last 5 days" I asked why that was necessary and was told that the ATF requires it for multiple purchases of handguns. He also said there is further paperwork that needs to be completed if more than one handgun had been purchased in this period of time.

    Do any of you know if this is some new law that I am unaware of, or perhaps something that this particular gun shop is asking for that really has nothing to do with the ATF?

    As a side note, I purchased a handgun at the Cabela's in Springfield, Oregon (right next to Eugene) about a week ago and was not required to answer that question.
    The trail is the thing, not the end of the trail. Travel too fast and you miss all you are traveling for.

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    Might be just a oregon thing.

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    Dealers are required to report multiple purchases within 5 days. I can recall seeing signs like that in Hart's Stores in the 80's.

    The certification is new to me though. Then again, it's been a long time since I've bought a gun at a dealer.
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    Sounds like a left coast thing

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    Default I've heard two versions

    At one gun shop they mentioned the multiple purchase form, but at another (in the same city) they said it wasn't so. I have never bought more than one at a time and there's always been at least 5 days between purchases. Seems vague to me.

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    You are absolutely required to report multiple handgun sales to the ATF. If you don't report, and you're found out, there could be serious repercussions. If an FFL sells to you and doesn't report, it could mean their license. This isn't a local reg, it's a federal one. Private sales are a whole different game, but purchasing through one or more FFLs, you better play by the rules.
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    The federal multiple handgun purchase reporting requirement is contained in 18 U.S.C. 923(g)(3):

    (A) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs.

    (B) Except in the case of forms and contents thereof regarding a purchaser who is prohibited by subsection (g) or (n) of section 922 of this title from receipt of a firearm, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall not disclose any such form or the contents thereof to any person or entity, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received. No later than the date that is 6 months after the effective date of this subparagraph, and at the end of each 6-month period thereafter, the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction shall certify to the Attorney General of the United States that no disclosure contrary to this subparagraph has been made and that all forms and any record of the contents thereof have been destroyed as provided in this subparagraph.
    James M. "Jim" Mullins, Jr., Esq.
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    Quote Originally Posted by JimMullinsWVCDL View Post
    The federal multiple handgun purchase reporting requirement is contained in 18 U.S.C. 923(g)(3):
    Exactly. The extra certification on the form 4473 for not purchasing more than one gun in a five day period was added by that particular dealer as a CYA statement. Apparently all the dealers I have bought guns from have been competent enough to keep track of their purchasers and reporting requirement, because none of them have added the statement. I don't think it would hold water as a defense to not reporting, though. Nowhere in the statute does it pass the reporting responsibility from the dealer to the purchaser. I think the ATF and courts would say, "We don't care what your customer told you, it is YOUR (dealer's) responsibility to report the multiple handgun purchases, not your customer's responsibility to tell you to."
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    Thank you all for the info. As I had never seen or heard of this before, I thought perhaps it was something new. Odd that in the last several years of gun purchases I've made, I had not once been asked that question...
    The trail is the thing, not the end of the trail. Travel too fast and you miss all you are traveling for.

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    Quote Originally Posted by Suecoho View Post
    Thank you all for the info. As I had never seen or heard of this before, I thought perhaps it was something new. Odd that in the last several years of gun purchases I've made, I had not once been asked that question...
    That's because most dealers seem to be able to keep track of multiple purchases internally, and would simply do the report themselves and not rely upon their customers to tell them if the report is due.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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