FTF transfers in CT

[JoeT]

Can someone please explain the FTF transfer process for both handgun and long guns to me in the state of CT?

I've read the process but am truly confused.

I found a gun by a private seller that I'm interested in and may want to purchase. But from my readings, I think I have to ask permission from the state to allow the guy to sell it to me and then wait a certain period of time.

can someone take the lawyer speak out for me and do a quick recap?

Thanks

 

[EMitch]

Background check and paperwork is required, I believe. Not like the "no questions asked" days of yore.

 

[JoeT]

got the info elsewhere, and thought I'd cut and paste in case others have the same question

Below are the basics for post 4/4/13 face to face long gun and handgun sales:

Long Guns - Prior to April 1, 2014

The buyer cannot be prohibited from possessing firearms (long guns).
If buying/selling a “preban” long gun, buyer should present to the seller a letter from the firearm manufacturer attesting to the manufacture date being prior to September 13, 1994. (SLFU rule/opinion)
Call DESPP ((860) 685-8400, or 1-(888) 335-8438) for an authorization number.
The seller fills out a DPS-67-C form and retains it for 20 years.
The seller fills out four separate DPS-3-C forms. The seller gives one to the buyer at point of sale/transfer. Sends one to the Commissioner of Emergency Services and Public Protection. Sends one to the chief of police or the warden of the borough or the first selectman, of the town in which the buyer resides. And the seller retains the last one for at least five years.
Prior to April 1, 2014, the seller must wait 14 days before allowing the buyer to take possession of the long gun. This waiting period is waived if the buyer is a; Federal Marshal, Parole Officer, Peace Officer, or an active member of the armed or reserve forces. The waiting period is waived if the buyer presents to the seller one of the following; a valid state permit to carry a pistol or revolver, a valid eligibility certificate, a valid long gun eligibility certificate, a valid hunting license.

Long Guns - On or after April 1, 2014

The buyer cannot be prohibited from possessing firearms (long guns).
If buying/selling a “preban” long gun, buyer should present to the seller a letter from the firearm manufacturer attesting to the manufacture date being prior to September 13, 1994. (SLFU rule/opinion)
Buyer must present the seller one of the following; a valid long gun eligibility certificate, a valid permit to carry a pistol or revolver, a valid permit to sell at retail a pistol or revolver, or a valid eligibility certificate for a pistol or revolver.
Call DESPP ((860) 685-8400, or 1-(888) 335-8438) for an authorization number.
The seller fills out a DPS-67-C form and retains it for 20 years.
The seller fills out four separate DPS-3-C forms. The seller gives one to the buyer at point of sale/transfer. Sends one to the Commissioner of Emergency Services and Public Protection. Sends one to the chief of police or the warden of the borough or the first selectman, of the town in which the buyer resides. And the seller retains the last one for at least five years.

For handguns:

The buyer cannot be prohibited from possessing firearms (handguns).
If buying/selling a “preban” handgun, buyer should present to the seller a letter from the firearm manufacturer attesting to the manufacture date being prior to September 13, 1994. (SLFU rule/opinion)
Buyer MUST have and show the seller their valid CT Permit to carry Pistols or Revolvers or a valid CT Pistol Eligibility Certificate.
Call DESPP ((860) 685-8400, or 1-(888) 335-8438) for an authorization number.
The seller fills out a DPS-67-C form and retains it for 20 years.
The seller fills out four separate DPS-3-C forms. The seller gives one to the buyer at point of sale/transfer. Sends one to the Commissioner of Emergency Services and Public Protection. Sends one to the chief of police or the warden of the borough or the first selectman, of the town in which the buyer resides. And the seller retains the last one for at least five years.

Note: A “preban” firearm is one that was manufactured prior to September 13, 1994 and meets the definition of an "assault weapon" as defined by subdivision (3) and (4) of subsection (a) of section 53-202a of the law as it was on January 1, 2013. Preban firearms are still considered “assault weapons” but are exempt from the transfer prohibitions on assault weapons, and do not need to be registered as assault weapons.

Note: If including ammunition magazines and or ammunition with the firearm sale or transfer, the law indicates that the buyer should present one of the following permits/certificates to the seller before they are allowed to take possession of the ammunition magazines. Acceptable permits/certificates: a valid permit to carry a pistol or revolver, valid permit to sell at retail a pistol or revolver, valid eligibility certificate for a pistol or revolver, valid long gun eligibility certificate, or a valid ammunition certificate in addition to a person's motor vehicle operator's license, passport or other valid form of identification issued by the federal government or a state or municipal government that contains such person's date of birth and photograph. Active duty law enforcement officers may produce their badge and official police photo ID rather than one of the previously mentioned permits/certificates when obtaining ammunition and ammunition magazines.

DPS-67-C: http://www.ct.gov/despp/lib/despp/slfu/firearms/dps-67-c.pdf

DPS-3-C: http://www.ct.gov/despp/lib/despp/slfu/firearms/dps-3-c.pdf

Firearms and Permit Related Forms and Information
http://www.ct.gov/despp/cwp/view.asp?a=4213&Q=530224&desppNav_GID=2080

 

[xtry51]

DPS-3-C

I'm sure everyone fills those out in quadruplicate

Look at it this way. People aren't registering guns. Why report a sale? Just sell it.

 

[BeastlyAdams]

Why would you want to "own" any firearm that's not in your possession???

sent from my NSA approved phone

 

[JoeT]

Why report a sale? Just sell it.

I'm all for it... can you convince my co-worker to not fill out the paperwork too?

Why would you want to "own" any firearm that's not in your possession???

I have a co-worker that has a Colt Python (4" nickle ) that he's practically giving away. I actually told him the price was too low and he should list it for sale for twice his asking price.

It's worth having one with a paper trail

 

[xtry51]

Why would you want to "own" any firearm that's not in your possession???

sent from my NSA approved phone

You just made a huge assumption that the firearm is traceable to start with.

 

[roscho04]

got the info elsewhere, and thought I'd cut and paste in case others have the same question

Does this still apply? I need to get two handgun transferred and five long guns to me , can i do it my self?

 

[allen-1]

Simplest legal transfer in connecticut between two individuals is done where both individuals have pistol permits. You call the SLFU, provide both permit numbers, get an authorization number for each transfer, fill out DPS-3 for each transfer and then send out copies as follows: 1 for purchaser, for for seller, one to police in purchaser's town, one to SLFU.

This isn't theory, I transferred seven firearms less than two weeks ago on a permit to permit basis from a friend to me in less than five minutes just like that.


Addressing another part of this thread; up until a couple of years ago in connecticut, rifles weren't tracked as closely as handguns. Private sales between individuals did not require any notification to the state, and consequently such firearms aren't listed with the state. Some people may be still transferring them without notifying the state. Doing so in connecticut today is a violation of state law.

 

[roscho04]

Thank, went smoother than i thought

 

[dcmdon]

Simplest legal transfer in connecticut between two individuals is done where both individuals have pistol permits. You call the SLFU, provide both permit numbers, get an authorization number for each transfer, fill out DPS-3 for each transfer and then send out copies as follows: 1 for purchaser, for for seller, one to police in purchaser's town, one to SLFU.

This isn't theory, I transferred seven firearms less than two weeks ago on a permit to permit basis from a friend to me in less than five minutes just like that.


Addressing another part of this thread; up until a couple of years ago in connecticut, rifles weren't tracked as closely as handguns. Private sales between individuals did not require any notification to the state, and consequently such firearms aren't listed with the state. Some people may be still transferring them without notifying the state. Doing so in connecticut today is a violation of state law.

This is 100% correct.

1. Call for an authorization number.
2. Complete and mail DPS-3
   DONE

****Edit - Please see my post #13 for clarification and refinement of what I wrote here.
Some other things:

1) DPS-67 must only be completed if the seller is a licensee (FFL)
2) For non-licensees you must retain your copy of the DPS-3 for 5 years. After that, throw it away.

Don

p.s. Some FAQs on the DESPP website say that you need to do a DPS-67. They are WRONG. There is nothing in any CT law requiring a DPS-67. I can't show you the law where it says you don't need to do a 67 because laws don't work that way, and its impossible to prove a negative.

If you don't believe me, call the approvals line at the DESPP at 860-685-8400 and ask for yourself. They are happy to answer your questions.

http://www.ct.gov/despp/cwp/view.asp?a=4213&q=494618

I am selling a gun to a friend. How do I do this, and is there any paperwork involved?

If you are selling a handgun, the purchaser must have a Connecticut State Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must have a Connecticut State Pistol Permit, Eligibility Certificate, a Long Gun Eligibility Certificate, be a sworn Police Officer or an active member of the military. A DPS-67 and the DPS-3 must also be completed. In both cases, the seller must keep a copy of all related paperwork for 5 years.

 

[JAD]

This is 100% correct.

1. Call for an authorization number.
2. Complete and mail DPS-3
   DONE

Some other things:

1) DPS-67 must only be completed if the seller is a licensee (FFL)
2) For non-licensees you must retain your copy of the DPS-3 for 5 years. After that, throw it away.

Don

p.s. Some FAQs on the DESPP website say that you need to do a DPS-67. They are WRONG. There is nothing in any CT law requiring a DPS-67. I can't show you the law where it says you don't need to do a 67 because laws don't work that way, and its impossible to prove a negative.

If you don't believe me, call the approvals line at the DESPP at 860-685-8400 and ask for yourself. They are happy to answer your questions.

http://www.ct.gov/despp/cwp/view.asp?a=4213&q=494618

I am selling a gun to a friend. How do I do this, and is there any paperwork involved?

If you are selling a handgun, the purchaser must have a Connecticut State Pistol Permit, Eligibility Certificate, or be a sworn Police Officer. You must call the toll free Gun Sale Authorization line at (888) 335-8438 and obtain an authorization number. The State forms DPS-67, and DPS-3 must be completed. If you are selling a long gun, the purchaser must have a Connecticut State Pistol Permit, Eligibility Certificate, a Long Gun Eligibility Certificate, be a sworn Police Officer or an active member of the military. A DPS-67 and the DPS-3 must also be completed. In both cases, the seller must keep a copy of all related paperwork for 5 years.

With respect to the transfer of pistols or revolvers, 29-33(c) requires use of the DPS-67 form, except as provided in 29-33(f).

You'll also notice that with respect to procedure described in 29-37a(d) for the transfer of long guns there is also a requirment that the application provided by the commissioner (which happens to be the DPS-67) be used

(d) No person, firm or corporation may sell, deliver or otherwise transfer, at retail, any long gun to any person unless such person makes application on a form prescribed and furnished by the Commissioner of Emergency Services and Public Protection, which shall be attached by the transferor to the federal sale or transfer document and filed and retained by the transferor for at least twenty years or until such transferor goes out of business. Such application shall be available for inspection during normal business hours by law enforcement officials. No such sale, delivery or other transfer of any long gun shall be made until the person, firm or corporation making such sale, delivery or transfer has ensured that such application has been completed properly and has obtained an authorization number from the Commissioner of Emergency Services and Public Protection for such sale, delivery or transfer. The Department of Emergency Services and Public Protection shall make every effort, including performing the national instant criminal background check, to determine if the applicant is eligible to receive such long gun. If it is determined that the applicant is ineligible to receive such long gun, the Commissioner of Emergency Services and Public Protection shall immediately notify the person, firm or corporation to whom such application was made and no such long gun shall be sold, delivered or otherwise transferred to such applicant by such person, firm or corporation. When any long gun is delivered in connection with any sale or purchase, such long gun shall be enclosed in a package, the paper or wrapping of which shall be securely fastened, and no such long gun when delivered on any sale or purchase shall be loaded or contain any gunpowder or other explosive or any bullet, ball or shell. Upon the sale, delivery or other transfer of the long gun, the transferee shall sign in triplicate a receipt for such long gun, which shall contain the name, address and date and place of birth of such transferee, the date of such sale, delivery or transfer and the caliber, make, model and manufacturer's number and a general description thereof. Not later than twenty-four hours after such sale, delivery or transfer, the transferor shall send by first class mail or electronically transfer one receipt to the Commissioner of Emergency Services and Public Protection and one receipt to the chief of police or, where there is no chief of police, the warden of the borough or the first selectman, of the town in which the transferee resides, and shall retain one receipt, together with the original application, for at least five years.

There is no exemption to that requirement in 29-37a(h) which details exemptions to the transfer procedure.

 

[dcmdon]

I said exactly the same thing to the people in the authorizations group and was told that the DPS-3 form fulfills the requirements of 29-33(c).

I explained that the DPS-3 was a "record" and the DPS-67 was considered to be the "application". I was told that it doesn't matter. All a seller is expected to complete is the DPS-3.

Based on your email, I started questioning my own judgement. So I just shot an email to the DESPP SLFU, and got back this prompt response, which basically says the DPS-67 is required by law, but they don't care about if people complete it.

Swell, huh.

Based on your comments and my clarification from Det Damato, I"m going to revise my post above.

Thanks. Its not about being right or wrong, its about finding the truth.

Don


Dear Mr. :

Strictly speaking, the statutes require non FFLs to complete a form DPS-67 as part of a firearm transfer. However, as a practical matter, since the form does not have to be filed with anyone (unlike a DPS-3-C), most transfers occur without the completion of a DPS-67. I trust this answers your question.



Det. Kenneth Damato #615
Department of Emergency Services and Public Protection
Division of State Police
Special Licensing and Firearms Unit
1111 Country Club Road
Middletown CT 06457
(860)685-8122



To: Damato, Kenneth
Subject: Question regarding a non-licensee transfer.

Dear Detective D'amato,


I've found conflicting information on whether or not a DPS-67 needed to be completed for a transfer between non-licensees.

I called the authorizations line and was told that a DPS-67 did not need to be completed.


I checked your own department's FAQs which stated that the DPS-67 needed to be completed.

I scoured PA13-3 and PA13-220 and didn't find anything.



I have posted the language from your FAQ as well as a link to the page for your reference.



Your thoughts on this would be greatly appreciated. If you do feel that a DPS-67 is necessary, can you please provide a citation of CGS or regulatory reference. Thank you for your time.



Best regards,