Thanks! Ill be here a good long while to annoy everyone lol!!
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Thanks! Ill be here a good long while to annoy everyone lol!!
It's not you, it's us. This time....
I have noticed for a long time now there does not appear to be anyone enforcing this new BCG law. I have never heard of a single FFL being prosecuted for breaking any portion of the BGC law. FFL's openly post the fee they charge for a person to person private party transfer that is in excess of the $10 the law specifically states. It was my understanding the reason any law has a maximum fee is to prevent businesses from dreaming up additional charges and expenses to tack on in order to protect the consumer. The wording in the law seems simple and straight forward to me.
(d) A LICENSED GUN DEALER MAY CHARGE A FEE FOR SERVICES
RENDERED PURSUANT TO THIS SECTION, WHICH FEE SHALL NOT EXCEED TEN
DOLLARS.
I was wondering if it was because there was no penalty listed for the FFL fee portion but on re-reading some FFLs may want to reconsider.
This applies to the entire added section 18-12-112.Quote:
(9) (a) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION COMMITS A CLASS 1 MISDEMEANOR AND SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 18-1.3-501. THE PERSON SHALL ALSO BE PROHIBITED FROM POSSESSING A FIREARM FOR TWO YEARS, BEGINNING ON THE DATE OF HIS OR HER CONVICTION.
The fee maximum is set in 18-12-112.II.d so would be punishable by removal of the right to possess firearms for two years. That could be very bad for a shop if someday an unfriendly spiteful administration got in power and decided to enforce the law to the letter.
I'm thinkin if this $10 max gets pushed to hard we won't have ANY FFL's willing to do private transfers, not worth their time.
Hmm. Maybe that's what the idea was behind this provision.
It is the exact wording used in the Gun Show BGC law that was signed in 2001 and the FFL's at the gun show seem to be able to do it for $10 plus the CBI fee of $10. I doubt they would be doing it if they didn't make some money.
I wonder - other than some of the larger brick-and-mortar shops, how many FFLs out there are actually handling FTF transfers to the public for only $10?
(I'm not counting those that will take care of board members or personal friends, of course, or those that collect extra fees in the parking lot or as added service charges)
$10 FFL + $10 to CBI only.
Should be able to sell 15+ round mags at the FFLs that charge more than the $10 for private transfers. When they say, "We can't do that, it's against the law," you can pull out a copy of the law, with the important part high lighted, and ask what the difference is between breaking that law, and the mag law.
We have talked about this before. There were a limited number of FFL's that were doing transfers before the new law and that number decreased for PP transactions. I for one am grateful for the few that are willing to do this.
I think many know how this could turn out if everyone that dislikes paying the fee starts waving paper at an FFL and threatening them. They will just stop doing it. Like many things I have always said that if you do not like the price do it yourself. [Flower]
Most of the ones doing it are little guys and gun people. None of the big holders give a rats ass about you or what you want to sell. Nowhere in that law does it say they have to do a transfer. Just a thought.