Problems with Interstate Firearms Transfers

Question:  I have bought a gun from an individual through Gunsamerica.( Gunsamerica is the broker).  I, the buyer live in Tennessee. The seller lives in Ohio.  I sent him a copy of the a local dealer’s FLL and a check for the gun. The local dealer requested a copy of the seller’s drivers license.   The seller shipped the gun to the dealer.  The dealer opened the package and found no drivers license.  The dealer called me and told me he is refusing to release the gun without the sellers drivers license.  I called the the seller and he said the dealer had no right to open the package without me being present and he does not have to give his DL information to the dealer.   Who is right?  What do I do?

Answer: Let me quickly outline to you the normal process by which a firearm is transferred from a resident of one state to a resident of another state using a federally licensed firearms dealer.

Basically, a non-federally licensed individual can ship a firearm via a common carrier (UPS or FedEx) to a federally licensed firearms dealer for transfer to a resident of the state where the dealer is located.  The dealer is required to insure that the transferred firearm is delivered to the purchaser in compliance with the laws of the state while the purchaser is located.  This includes the purchaser completing a BATF Form 4437 and undergoing an instant background check through the NICS system.  As a purchaser, you are required to show positive identification of your identity, generally a driver’s license.

There is NO legal requirement that the entity managing the transfer (your dealer) be in possession of a copy of the driver’s license of the person that sent you the gun.  This is clearly a company policy that your dealer has.  It is NOT required by federal law. However, since your dealer is also not required to do these kinds of transfers, most people try and keep the dealer’s happy by doing what they ask.

In this case, your seller does not want to release a copy of his drivers license.  In this age of identity theft, I can’t exactly blame him.

As far as the dealer opening the package without you being present, if it was mailed to the dealer and the dealer was the primary addressee, it would be considered their mail and they can open it.  If it was sent to you, care of the dealer, then the dealer should have waited and allowed you to open it at their shop.  All this is kind of beside the point though as none of this is really relevant to the discussion at hand.

Your choices are basically these:

1.  You can try and talk the seller into providing a copy of his license so that the dealer can feel like his backside is covered in case the source of the firearm is ever questioned.

2.  You can try to help the dealer understand the seller’s point about not wanting to provide his license.  Remind the dealer (nicely) that the law does NOT require them to have a copy of the seller’s id and they are only acting as a middleman in the transfer.  They are not taking possession of the gun but rather simply making a transfer to you.

3.  If neither #1 or #2 work, you can simply direct the dealer to return the firearm to the seller.  They will most likely make you pay the shipping.  Then I would tell the seller that you are returning the gun and want your money back, plus the additional shipping that you had to pay to return the gun.  If you sent a personal check, you can stop payment if you think he won’t return your money.

Right now, you are in the middle of a dispute between the seller and the dealer. They dealer is asking for something they are not legally required to have.  The seller could easily provide a copy of his driver’s license but won’t.  I would talk to the dealer first.  Be sure to talk to the owner or manager, not an employee.  They should try and work with you to keep you as a customer.  If that doesn’t work, try to persuade the seller to help you out.  Use the prospect of returning the gun as leverage.  Guns America should have a place for you to leave feedback about your experience with the seller.  You can always hold the prospect of negative feedback over them as well.

My suggestion during these discussion is to remember my Grandma’s old saying:  “You attract more flies with honey than you do with vinegar”.  If you are nice and appeal to their sense of trying to help you out, you might be more successful.

Good luck to you and consider buying locally in the future.  It is a lot less hassle.

Best Caliber Handgun for Self-Defense

Question:  I am wondering what would be the most effective handgun to carry in an apocalyptic, doomsday type scenario. I’ve read the .45 has the best knockdown power, the .357 has the best metal penetrating ability, and the 9mm would be the most common ammunition around.  I’m fairly sure that each of the above calibers would find it’s place..it’s just that I can’t afford all three.  Which one might you choose in a doomsday situation?  I’ve read the Army in Iraq has gone to or is going to go from 9mm to .45.  This has stemmed from sometimes having to fire several shots to stop or kill the target.  The .357 would seem to be handy if one had to shoot a target through metal.  Can one find a load, (powder grains), or bullet configuration,(hollow point, etc.), in a .357 caliber that would give enhanced metal piercing ability along with the stopping power of a .45 caliber?  I’m just a little confused and would appreciate any advice to assist in my making a good choice.

Answer: In the scenario you describe, simply having a firearm and lots of ammo is the most essential thing.  I typically do not get into caliber discussions since they are mostly ‘religious’ in nature.  Some people have the opinion that the .45 caliber is the only way to go.  Others are more open minded about the effectiveness of calibers like the 9mm.

To specifically answer your questions, I’ll try and give you some background on the various calibers and what considerations are involved.  First, I would probably take the .357 off the table completely.  You did not say if you were thinking about .357 in a revolver or semi-auto, but the answer is still the same.  A semi-auto pistol chambered for a .357 SIG cartridge is a handful in terms of recoil.  Many people have a difficult time shooting the caliber accurately.  The bullet size and weight is roughly comparable to the 9mm.  The 9mm is approximately .354 caliber, so the bullet diameters are essentially the same.  The weight of both projectiles in terms of grains is approximately 124 gr.  The different is the pressure that the cartridges are loaded to.  A .357 SIG at 124 gr. has a muzzle velocity of approximately 1450 fps.  The 9mm with the same bullet weight travels approximately 1150 -1200 fps.  The additional velocity is what gives the .357 its greater penetrating power.

In my opinion, having fired both calibers extensively, you are better off with the 9mm as it is more controllable, ammunition is much more available and in a doomsday scenario such as the one you describe, 9mm ammo will be much easier to come by.

The .45 ACP also has a proven record of being effective against a human target.  Typically, the .45 uses a 230 gr. bullet and has a muzzle velocity of approximately 850 fps.  It is a bigger bullet, but it is traveling much more slowly.  What make it effective is that it makes a pretty large hole in whatever it hits.  Larger hole = more damage to tissue and more bleeding.

However, if you compare the relative energy delivered, the average 9mm 124 gr. bullet delivers about 382 ft/lbs of energy vs. 352 ft/lbs of energy for the .45 caliber 230 gr. bullet.  In terms of energy delivered, the difference between the two is pretty much a wash.  The penetration of the 9mm will likely be better since it has a higher velocity.  Better penetration=more damage to important organs that are deeper in the body.

The 9mm is very controllable as it does not have as much felt recoil as the .45 ACP.  For some people this is an issue.  In my view, the biggest factor in gunshot wound effectiveness is shot placement.  As you can see, as in so many other things, caliber selection is a series of trade-offs.  Each caliber has some advantages.  You need to decide which are more important to you.

In terms of the Army switching calibers in Iraq, think for a moment about the issue relative to the restrictions placed on the military.  Geneva Convention rules require that the military use ‘full metal jacket’ or ‘ball’ ammo.  They are not permitted to use “jacketed hollow points” or other defensive ammo.  This makes a big difference in the ability of the 9mm vs. .45 ACP to wound.  A 9mm JHP round typically expands to an average of .62 to .64 inches in diameter.  A typical .45 ACP JHP round expands to .74 inches in diameter.  The difference between the two is approximately .12 inches or about 1/8″.  If you look at the size of holes being punched by ball ammo, it is .354 inches for the 9mm vs .45 inches.  When penetration is not an issue, the bigger hole is better.

Honestly, I don’t think you would go wrong with either a .45 or a 9mm.  One other thing I like about the 9mm vs. the .45 is the magazine capacity.  For just about any semi-auto pistol, the 9mm has close to twice the capacity of the same gun in .45 caliber.  In the Glock 17 the ammo capacity is 17 rounds while the average full size 1911 only holds 9 rounds.  You can get a Glock 21 that will hold 13 rounds of .45 ACP though.

My personal handgun of choice is the Glock 23.  It is chambered for the .40 S&W cartridge.  While not nearly as popular as either 9mm or .45 ACP, the .40 S&W is a respectable compromise.  It pushes a 180 gr. bullet to a muzzle velocity of around 1100 fps delivering around 490 ft/lbs of energy.  That is a lot more energy than either the .45 ACP or 9mm.  It also punches a bigger hole than the 9mm, averaging about .68 inches.  It does have a hefty recoil, but if you can learn to control it, it is a powerful defensive round.  Interestingly, you can also purchase a .357 SIG barrel that will simply drop into the Glock 23 allowing you to shoot either caliber by swapping out the barrel.  Glock 23 magazines are interchangeable for both .40 and .357 SIG cartridges.

I hope I have given you some food for thought here…bottom line, if I had to choose one gun in a doomsday scenario, ammo will be the issue and for that reason I would probably go with the 9mm.  If you can plan ahead and acquire enough ammo to eliminate availability as an issue, I’d consider the .40 S&W…big bullet, higher velocity and greater energy delivered than either the 9mm or the .45 ACP.

Felony Conviction and Federal Home Protection Act

Question:  I am a felon and had to do a prison sentence.  My house was broke into twice while I was in bed asleep and both times I fled the home for my safety.  The police are telling me there is no true way to protect myself inside my home and that felons cannot possess a firearm to protect their home until five years after their release from prison.  I have had about eight people tell me that they have been to prison but under the 2009 Federal Home Protection Act that felons are now allowed to possess a firearm only in the home for protection.  I live in Texas.  Can you give me more insight on this and how I could get a copy of that act?

Answer: The Home Protection Act that you refer to has nothing to do with your ability to protect yourself in your home.  It deals with a different subject entirely.

As a convicted felon, you are a ‘prohibited possessor’ and not able to legally possess a firearm or ammo.  There are a couple of things I might suggest.  First, I’d do what I could to make your house more secure.  Install better locks, trim away excess shrubs outside, install outside lighting and in general do anything possible to make your house less attractive to a burglar.  Some people suggest getting a large dog that has a very loud bark.  Burglars do not like large, loud dogs.

If that is not possible based on your living situation, you might also consider keeping a baseball bat close at hand in your bedroom.  Many burglars will not be armed when they break in due to the enhanced penalties if they are caught and convicted.  If the person breaking in is a druggie or a gang member, they may be armed since they aren’t especially worried about enhanced penalties.

Finally, I would check with an attorney to see at what point you might be able to have your conviction set aside and have your record expunged.  This would permit you to petition the court to restore your civil rights, including your right to own a firearm.  This only works if your felony conviction is for a non-violent offense or a non-sexual offense.  If your felony conviction involved serious injury or death to another person or was for a sexual crime, that option is a non-starter.

Arizona Constitutional Carry About to Become Law…

A bill that would eliminate the requirement for Arizona residents to have a permit in order to carry a concealed weapon in Arizona has passed both houses of the Arizona Legislature and is awaiting Governor Jan Brewer’s signature before it becomes law.  If signed by the governor, the new law would take effect 90 days after the close of the current legislative session.  Since the session usually ends in late June, this would mean the law would actually take effect sometime in late September.  If the governor does not sign or veto the legislation within 5 days of final passage, it will become law without her signature.

Arizona’s Senate Bill 1102 makes sweeping changes to the current law that requires an Arizona resident to possess a concealed carry permit in order to carry a concealed firearm.  Arizona has traditionally been what is described as an “Open Carry” state where citizens may carry a firearm openly anywhere it is legal to have a firearm.

In order to carry concealed in those same places, residents needed to have a “CCW permit” which was obtained by taking an 8 hour training course, qualifying with a firearm and passing a criminal background check.  This law would eliminate the permit requirement but not the permit program.

The key element in the new law is that a concealed carry permit is not necessary “unless required by any other law”.  For example, to carry a concealed firearm in a restaurant, Arizona law requires that you have a concealed weapons permit.  Similarly, federal law requires a state issued permit if you wish to carry concealed in a national park.  Anyone wishing to carry a concealed firearm in another state will need an Arizona CCW permit in order to have reciprocal privileges outside of Arizona.

Residents will still be able to get a CCW permit by taking a course that meets the requirements of the new law and submitting an application to the Arizona Department of Public Safety.  Courses that will satisfy the requirement include any NRA course, any approved Hunter Safety course or a course from an approved CCW instructor.

The courses offered by CCW instructors would probably be the best bet since they are specifically geared towards concealed carry and most instructors provide the application and fingerprinting service as part of their courses.

Opponents of the law feel that the current CCW process is a good one and has worked well for over 14 years.  Most feel that the minimal safety and marksmanship training requirement and education in the laws relating to the use of lethal or physical force in self defense are important for anyone carrying a concealed firearm.

Advocates of the new law argue that Second Amendment rights should not be constrained by concealed carry laws.  They also point to the fact that in 12 states across the US, concealed carry permits are issued without any training requirement or background check.  They further argue that criminal penalties associated with concealed carry can result in severe penalties for people that might inadvertently cover their firearm while carrying openly.

If signed into law, Arizona will become the third and the most heavily populated state to adopt ‘constitutional concealed carry’.  Currently only Alaska and Vermont permit concealed carry without a permit.

Open Carry in a Vehicle in Arizona

Question:  I am coming from out of state and was wondering if it was legal for me to open carry in the state even though I don’t have an Arizona CCW permit.  My other question is can I open carry in a car or does the handgun have to be cased and loaded?

Answer:  You can open carry legally in Arizona and do not need an AZ CCW permit.  You must have a AZ CCW permit if you conceal the firearm or you could be arrested.

Regarding open carry in a vehicle, you can do that as well, however it is subject to a lot more interpretation.

Let’s say you were carrying on your right hip and you were seat-belted into your vehicle on the driver’s side.  The law states that it must be “obvious to the casual observer that you are in possession of a firearm”.  If you were involved in a traffic stop and a police officer approached on the driver’s side, would they be able to see your firearm?  Probably not.  There have been different interpretations by different jurisdictions in the Phoenix area whether this constitutes open or concealed carry.

To avoid a problem in your vehicle.  I would have it cased and in the glove box or some other storage compartment in the vehicle.  That way you won’t have any legal issues if you are involved in a traffic stop…

Felony Conviction and Firearms Possession…

Question:  I was convicted of a felony in 1998.  Can I legally possess a firearm?

Answer: Since you didn’t tell me where you lived, I will have to assume that you are in Arizona.  Unless you have had your felony conviction set aside, you cannot legally possess a firearm.  Since it has been a very long time since you committed your felony, you may be able to petition the court to ‘set aside’ your conviction, expunge your record and restore your civil rights, including your right to own a firearm.  This is only possible if your felony was a ‘non-violent’ one.  If the crime you committed involved either serious injury or death or was sexual in nature (sexual assault, molestation, etc.) the court will generally not consider a request to have the conviction set aside.

In general, if this is something you would like to pursue, you should probably contact an attorney who could help you with this process.  It is also possible to petition the court directly, but you’d probably need someone to help you with this.  You could contact the Clerk of Court in the jurisdiction where you were convicted of your crime to find out how the process might work.

Firearms Ownership Issues After Divorce…

Question: I need proof that a gun was my father’s and if it was registered in his name or not. He is deceased and my ex-husband has taken it and now I have to have proof that it was my father’s gun and  should now be mine. Thank you.

Answer: Unfortunately, if you live in Arizona, there is no ‘registration’ of guns.  The only thing that would generally serve as ‘proof of ownership’ would be a bill of sale or a household inventory that also recorded the serial number of the gun.  If you have a document such as a bequest from your father’s estate transferring the firearm to you that also had a description of the gun and / or its serial number, that would show ownership as well.

In the absence of any paperwork, you have not way to prove the gun was yours.  If the gun has sentimental value to you, perhaps speaking to your ex-husband and requesting that he give it back to you would be helpful.  If he isn’t cooperative, unfortunately, there isn’t much that can be done.

Sorry I don’t have better news for you.

Prior Felony Conviction and Firearms Ownership…

Question: I am a convicted felon who served 5 years in ADOC for failing to file income taxes. My sentence expired it 11/98. I have had no further contact with law enforcement. I am 65 years old and would like to take up pistol shooting at a range as a hobby. I want to to all this legally. What steps should I take? I live in Yavapai county.

Answer: The first step should be to look into having your conviction expunged.  There is a legal process in Arizona that allows a non-violent convicted felon to petition the court to “set aside” the conviction and expunge your record.  Since it has been more than 10 years since completing your sentence, you are well past the time threshold to be able to do this.  I’d suggest that you speak with an attorney about how to get this process started.  If you can’t afford an attorney, someone in the county attorney’s office may be able to point you in the direction of resources available in Yavapai County that could help you.

Once you file the appropriate paperwork and have the conviction set aside, your civil rights including your right to own a firearm will be restored.  Then you will legally be able to purchase a pistol to pursue your new hobby.

On a final note, I also encourage you to seek out some good firearms training once you can legally own a firearm again.  Good training from a qualified instructor will make a big difference by helping you build quality skills and teaching you how to handle a firearm safely…

Visiting Arizona with Firearms…

Question:  I live in the state of Massachusetts where I hold a Class A Large Capacity License to Carry. I understand that AZ is a Shall Issue state. I am a corporate pilot who travels to Scottsdale frequently and would like to bring my firearms with me to shoot at a range. Will I run into any issues being a non resident bringing lawfully owned firearms into your state?

Answer:  You won’t have any issues bringing your firearms here.   Since you are a permit holder in Massachusetts, your permit is recognized in Arizona.  As you may know, Arizona is a very ‘gun friendly’ place.  You would be able to bring your firearms here with you even if you didn’t have a license to carry in Massachusetts…

"Not Guilty" on Domestic Violence Charge – Can I Get a CCW?

Question: A few years ago I was charged with DV-Criminal Damage. I completed Diversion and the charge was dropped, with a “Not Guilty” plea. Will this prohibit me from purchasing firearms or obtaining a CCW?

Answer: You should not have a problem purchasing a firearm or getting a CCW as long as the charge was dropped.  You may find delays occurring during your background check since there will a record showing an initial charge that will have to be checked for the final disposition, but ultimately you should not have any issues.