Guidelines fo the Sale of Off Roster Firearms by Dept personnel WO a Federal License .pdf

CHIEF OF DETECTIVES NOT! C E May 19, 2017 1.8 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: GUIDELINES FOR THE SALE OF "OFF ROSTER" FIREARMS BY DEPARTMENT PERSONNEL WITHOUT A FEDERAL FIREARMS LICENSE This Notice has been prepared to advise and educate all Department Person...

CHIEF OF DETECTIVES NOT! C E May 19, 2017 1.8 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: GUIDELINES FOR THE SALE OF "OFF ROSTER" FIREARMS BY DEPARTMENT PERSONNEL WITHOUT A FEDERAL FIREARMS LICENSE This Notice has been prepared to advise and educate all Department Personnel about the requirements for obtaining a Federal Firearms License (FFL) before engaging in the business of buying and selling firearms for profit. Federal firearms laws provide that a "dealer" in firearms includes persons engaged in the business of buying and selling firearms at wholesale and retail. Per Title 18, United States Code, Section 921(a)(11), a person engages in business as a dealer in firearms by devoting time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. Per Title 18, United States Code, Section 921(a)(21)(C), a law enforcement official who regularly acquires ffOff roster"firearms and sells or disposes ofthem for a prOfit is engaging in the business as a dealer offirearms and must be licensed. Note: Current California State Law restricts Federal Firearms License sales of "off roster" firearms to law enforcement only. A person convicted of unlawfully engaging in the business of dealing in firearms without a Federal Firearms License is subject to imprisonment for not more that (5) years and/or a fine of up to $250,000. Should you have any questions regarding this Notice, contact Investigative Analysis Section, Detective Bureau at (213) 486-7010. APPROVED: ~SENBERG. Chief of Detectives DISTRIBUTION "B" Deputy Chief SEAN W. MALINOWSKI, Deputy Chief Chief of Staff Office of Chief of Police