Can I take ownership of a gun if my CCL license expired?

[rufunky]

Some of you may have seen my post about my CCL license expiring this past July. I had already paid for a gun to be shipped to my dealer before I had realized this. I was supposed to pick up that gun this week but I'm not sure what to do.

Do i have to ask the licensed dealer to hold on to my firearm until my renewal goes through or is there a way I can take ownership and store it at a licensed friends house?

 

[BattleSnail]

dealer won't be able to transfer the gun to you without a valid license. Ask them to hold it. Most likely they will, maybe for a small storage fee while waiting for your lic to come in.

 

[PaulD]

CCL?

If you mean your LTC has expired, no, you can't take possession of it and no dealer in MA with a clue will transfer it to you.

 

[rufunky]

Yes, sorry LTC.

Alright thanks, this is what I figured. I will go ahead and see if he will hold it for me.

 

[rufunky]

Ok, so I just spoke with the dealer and he wasn't very happy he will not hold it. :/

 

[WhiteTiger]

Sorry like what everyone else said without a valid license you won't be able to pick up the gun from a dealer.

 

[rufunky]

I'm going to have to see if I can get a friend with a LTC to do the transfer.

 

[Machete]

You mean transfer to them to hold on to it? I wouldn't post anything about that on line and keep your friend mum about it. Don't want to run afoul of some overzealous person reporting you for a "straw-man" purchase. I'm not sure if that would fit the criteria...IANAL

 

[willbdavis]

You mean transfer to them to hold on to it? I wouldn't post anything about that on line and keep your friend mum about it. Don't want to run afoul of some overzealous person reporting you for a "straw-man" purchase. I'm not sure if that would fit the criteria...IANAL

I would avoid doing that at all. Stay clean. Don't get yourself into federal trouble over simply buying a gun. Wait until you have your LTC.

For that matter, is the gun in question so rare that you can't simply apologize to the dealer, tell him to sell it, and start the process again once you have your LTC?

 

[rufunky]

Well it would be transferred in his name therefor it would be his. Not sure how that could be illegal in anyway.

 

[browncoat]

Well it would be transferred in his name therefor it would be his. Not sure how that could be illegal in anyway.

Because if the intent is to (eventually) transfer the gun to you, that is a violation of Federal law, according to the ATF. If the intent is for him to keep the gun permanently, then there is no problem. It's an odd situation because many things depend on actions more than intent, but the straw purchase stuff is all about intent. In this case, the fact that you had the FFL order the gun for you, and then your friend took possession of it, would make your purchase of the gun from your friend in the future suspicious.

 

[Len-2A Training]

Much safer to find another dealer who will hold it for you and have this non-cooperative dealer transfer it to the other dealer to hold for you to get your LTC. That's perfectly legal.

What you proposed has been deemed by BATFE as a "straw purchase" and could get you and your friend some "quality time" at Club Fed. Also likely that this non-cooperative dealer would rat you out to BATFE as soon as you mention it to him.

 

[rufunky]

Ok, this is why I ask you guys. I had no idea that was not legal. Thank you for the information.

I guess I have no choice but to offer to sell the dealer the gun. Sucks because I may not be able to get another for the price I paid and I already bought a holster and some accessories.

 

[BattleSnail]

Well it would be transferred in his name therefor it would be his. Not sure how that could be illegal in anyway.

pretty much the definition of a straw purchase.

 

[willbdavis]

Listen to Len on this. Disregard at your peril.

- - - Updated - - -

Ok, this is why I ask you guys. I had no idea that was not legal. Thank you for the information.

I guess I have no choice but to offer to sell the dealer the gun. Sucks because I may not be able to get another for the price I paid.

Better than jail time.

 

[browncoat]

Ok, this is why I ask you guys. I had no idea that was not legal. Thank you for the information.

I guess I have no choice but to offer to sell the dealer the gun. Sucks because I may not be able to get another for the price I paid.

Like LenS said, you can find another dealer and have that dealer hold it for you. Completely legal, and you'll probably be able to find a dealer who won't mind holding it for you.

 

[exo]

Ok, this is why I ask you guys. I had no idea that was not legal. Thank you for the information.

I guess I have no choice but to offer to sell the dealer the gun. Sucks because I may not be able to get another for the price I paid.

Just go find yourself another dealer who will hold it, and have the dealer with the gun now transfer it to them. You'll have you pay them for the effort, though.

 

[drgrant]

Some of you may have seen my post about my CCL license expiring this past July. I had already paid for a gun to be shipped to my dealer before I had realized this. I was supposed to pick up that gun this week but I'm not sure what to do.

Do i have to ask the licensed dealer to hold on to my firearm until my renewal goes through or is there a way I can take ownership and store it at a licensed friends house?

Just tell them to hang onto it till you get your license renewed If it's paid for they probably won't care. You're in no mans land right now and you won't be able to take possesion. If the dealer is a douchebag
have them transfer it to one that isn't and let it sit there till your new LTC comes in.

ETA: don't even think about what you were talking about earlier in the thread. That is federal felony land and in this particular situation, it would be stupidly easy to get caught... not to mention most dealers would not even allow it anyways.

-Mike