Just wanted to give some of you a heads up concerning Chapter 140, section 129D and the surrender and storage of firearms with dealers who have bonded warehouses.
If you are storing title 1 firearms, no problem (rifles, pistols, shotguns). If however you come upon NFA or Title II firearms, there is no provision in federal law that allows for the taking and storage of contraband NFA devices at a bonded warehouse without proper federal documentation.
If you take a machine gun for example, you can hold it at your department but if you transfer it to a third party for storage, that effects a transfer under NFA guidelines and requires all BATFE documentation.
This came to up recently when a police department tried to store a machine gun with us. We told them that we would be unable to do it without proper documentation from the BATFE. This documentation could be as simple as a letter stating that the firearms could be stored at our location OR if we gave them a separate safe and they hold the key to the firearms, OR if we effect a Form 4 or 5 transfer.
The assistant CLEO was somewhat miffed and told us that XYZ company does it for them all the time...which is neat but doesn't change the rules. What's interesting is XYZ company is now being audited by the BATFE for a similar but unrelated machine gun problem. Evidently, XYZ Company had some machine guns that they should never have had because they did not transfer them correctly and when the rightful owner with Form 4's in hand tried to claim them, they would not give them back. What compounded the problem was that XYZ company was maintaining them illegally and without proper documentation in the first place.
Short version: Just because a dealer logs a gun into their bound book, it does not mean it is legal to do so and could be potentially embarrassing for the department.
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