Pittsburg County man indicted for illegal sale of firearm

[OK Corgi Rancher]

I'm not doubting what your saying, but more than once I've had to ship a handgun through an FFL to a manufacturer for warranty or repair work, getting it back in the mail or by common carrier, don't remember which.
I was actually shocked and it happened twice.

That would be due to the manufacturer's policies...not the law, because the law is very clear. A non-licensed person can ship/mail a firearm to a repair facility and have it returned directly to them...no FFL needed. Then it would go to a licensee for a 4473 and BGC.

One thing to keep in mind when shipping FedEx or UPS. Both companies require you to ship via an air method and to notify them you're sending a firearm. That's because federal law requires you to notify, in writing, a common carrier that you're shipping a firearm.

18 U.S.C. 922(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

May a nonlicensee ship a firearm through the U.S. Postal Service?​

A nonlicensee may not transfer a firearm to a non-licensed resident of another state. A nonlicensee may mail a shotgun or rifle to a resident of their own state or to a licensee in any state.
The U.S. Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.
Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

 

[crapsguy]

More details yet to come I am sure.

=======================

Pittsburg County man indicted for illegal sale of firearm
By Derrick James 10/6/21
MCALESTER NEWS CAPITAL STAFF WRITER

A Pittsburg County man was federally indicted after allegedly selling a gun illegally to an undercover federal agent.

Federal court records show Eugene Lee Dozier Sr. was indicted by a grand jury in the Eastern District of Oklahoma for engaging in the business of dealing, importing, and manufacturing firearms without a license and transferring a firearm to an out-of-state resident.

Records show Dozier is free from federal pre-trial custody on an appearance bond.

A probable cause affidavit filed in the case by a special agent with the ATF states the case against Dozier began in June after agents received information that he was manufacturing firearm suppressors and firearms without a federal firearms license.

“ATF Special Agents were provided with a business card which showed Dozier advertises manufacturing silencers with a 10% discount to military and law enforcement personnel,” the report states.

Agents wrote in the affidavit an undercover ATF agent approached Dozier equipped with audio and video at the Muskogee Gun Show in August and bought a pistol from Dozier along with 50 rounds of ammunition.

Dozier told the undercover agent the price of the pistol was $399 and that “there is no paperwork, there is no tax, it is out the door. We don’t do background checks,” the affidavit states.

When the agent said that he lived in California and “could not get anything there” Dozier said that he had some family in the state and began to tell the agent how the gun laws were starting to change out there after a lawsuit.

The affidavit states a search conducted through the ATF’s National Firearms Registration and Transfer Record and the Federal Licensing System showed Dozier had only one silencer registered to him and no federal firearms license in his name.

If convicted, Dozier faces up to five years in prison, a fine up to $250,000, or both for the unlicensed selling of a firearm and up to five years in prison, a fine up to 5,000, or both for the transfer of the firearm to an out-of-state resident.

don't see this as a surprise
they guy was advertising that he was making and selling surpressors - likely without regestration - then setting up a store at a gun show and offering to sell without a check --- WAY different than joe blow meeting a guy at Academy parking lot and selling him a pistol

 

[AKguy1985]

don't see this as a surprise
they guy was advertising that he was making and selling surpressors - likely without regestration - then setting up a store at a gun show and offering to sell without a check --- WAY different than joe blow meeting a guy at Academy parking lot and selling him a pistol

I used to do yard work for a guy that got busted making suppressors out at American airlines back in the early 80s. He did ten years in prison.

 

[GeneW]

What a ******* this guy was. Even passing out business cards like candy.

Let me ask a question. Say I am a resident of the state of Oklahoma and I have an OK drivers license and other identification on me that I'm a citizen of Oklahoma. Let's say my cousin lives in, let's say the town of Altus Oklahoma (and no I don't have a cousin in Altus, just using that as an example and he has a OK drivers license and other ID on him that says he is an Oklahoma resident. We are both verified OK residents and are perfectly legal. Then lets say we both journey across the Red River into, oh let's say Wichita Falls, just across the state line. We are at a legitimate family reunion, all planned in advanced, no foolishness. Cousins car breaks down and he can't get back home across the state line into Oklahoma. He has no money, needs a new alternator or whatever, and offers to sell me his pistol so he can get his car fixed and get back home.

Is this legal? We are both state residents of Oklahoma, but we are just across the state line in Texas. Is this legal?

I'm not trying to be a smart ass or argumentative, but I see the law that both parties must be state residents.

What is legal, or not, and won't get you on trouble?

IF that is illegal to him to sell to me and for me to buy it from him, and we don't want to be grabbed by the law, I suppose it would also be illegal for me to loan him the money, until he gets home where he has cash available, and for me to take possession of his pistol as collateral. I guess this is illegal too?

I'm just really curious about this, and I darn well guarantee that I am not a criminal nor do I have any idea, plans, scheming, or whatever to break the law.

I think it's an interesting question to ponder.

 

[Aries]

What a ******* this guy was. Even passing out business cards like candy.

Let me ask a question. Say I am a resident of the state of Oklahoma and I have an OK drivers license and other identification on me that I'm a citizen of Oklahoma. Let's say my cousin lives in, let's say the town of Altus Oklahoma (and no I don't have a cousin in Altus, just using that as an example and he has a OK drivers license and other ID on him that says he is an Oklahoma resident. We are both verified OK residents and are perfectly legal. Then lets say we both journey across the Red River into, oh let's say Wichita Falls, just across the state line. We are at a legitimate family reunion, all planned in advanced, no foolishness. Cousins car breaks down and he can't get back home across the state line into Oklahoma. He has no money, needs a new alternator or whatever, and offers to sell me his pistol so he can get his car fixed and get back home.

Is this legal? We are both state residents of Oklahoma, but we are just across the state line in Texas. Is this legal?

I'm not trying to be a smart ass or argumentative, but I see the law that both parties must be state residents.

What is legal, or not, and won't get you on trouble?

IF that is illegal to him to sell to me and for me to buy it from him, and we don't want to be grabbed by the law, I suppose it would also be illegal for me to loan him the money, until he gets home where he has cash available, and for me to take possession of his pistol as collateral. I guess this is illegal too?

I'm just really curious about this, and I darn well guarantee that I am not a criminal nor do I have any idea, plans, scheming, or whatever to break the law.

I think it's an interesting question to ponder.

Man. It's usually dumb to try to answer a question with this many hypotheticals in it. But I'm not feeling particularly smart this morning.

I've read lots of explanations about transferring firearms to people across state lines, but I've never read anything that says where the exchange actually takes place matters. So I'm going to say that it's probably perfectly legal in this situation. I do know it's legal to LEND a gun to an out-of-state family member (we loaned one to my mother-in-law so I did some research on this), so you could always say your cousin loaned it to you while you were in Texas. Then officially complete the purchase in Oklahoma. Your loan of money to your cousin is a separate transaction.

But the bottom line is... it's very unlikely that you'd be prosecuted in any case.... unless your cousin turns you in. Which he/she won't do, because they are the seller.

P.S. Nobody in Altus cares who you sell guns to. They're all packin' heat!

DISCLAIMER: Not a lawyer....

 

[emapples]

The unwritten part of the story: Dozier refused to inform on help ATF set up any acquaintances on similar charges.

How many other people are illegally selling weapons out of state or manufacturing for sale without a license? I mean seriously how many more idiots do we have out there most all of us know these laws and the results of violating these laws. I mean the last gun I sold I made the buyer fill out a 4473, want going to risk it in the current climate

 

[XYZ]

How many other people are illegally selling weapons out of state or manufacturing for sale without a license? I mean seriously how many more idiots do we have out there most all of us know these laws and the results of violating these laws.

It’s gonna take a while to get back with you on those numbers. It’ll take Jethro a while to do all that cyphering.

 

[emapples]

It’s gonna take a while to get back with you on those numbers. It’ll take Jethro a while to do all that cyphering.

I can tell you most everyone here requires you to show a valid OK drivers license and most request to see your OK hand gun license as well. I guess Bubba and cousin Darrel will still push the envelope and well you get what you get I guess.

 

[OK Corgi Rancher]

What a ******* this guy was. Even passing out business cards like candy.

Let me ask a question. Say I am a resident of the state of Oklahoma and I have an OK drivers license and other identification on me that I'm a citizen of Oklahoma. Let's say my cousin lives in, let's say the town of Altus Oklahoma (and no I don't have a cousin in Altus, just using that as an example and he has a OK drivers license and other ID on him that says he is an Oklahoma resident. We are both verified OK residents and are perfectly legal. Then lets say we both journey across the Red River into, oh let's say Wichita Falls, just across the state line. We are at a legitimate family reunion, all planned in advanced, no foolishness. Cousins car breaks down and he can't get back home across the state line into Oklahoma. He has no money, needs a new alternator or whatever, and offers to sell me his pistol so he can get his car fixed and get back home.

Is this legal? We are both state residents of Oklahoma, but we are just across the state line in Texas. Is this legal?

I'm not trying to be a smart ass or argumentative, but I see the law that both parties must be state residents.

What is legal, or not, and won't get you on trouble?

IF that is illegal to him to sell to me and for me to buy it from him, and we don't want to be grabbed by the law, I suppose it would also be illegal for me to loan him the money, until he gets home where he has cash available, and for me to take possession of his pistol as collateral. I guess this is illegal too?

I'm just really curious about this, and I darn well guarantee that I am not a criminal nor do I have any idea, plans, scheming, or whatever to break the law.

I think it's an interesting question to ponder.

This is very simple to answer. Sure...you can sell your gun to your cousin. You just have to do it in OK. You cannot legally transfer a firearm out of your state of residence. The simple solution is obviously to just drive back across the river and comply with the law. Or say you did and not go around bragging about breaking the law. Truly, I don't think that's gonna fly up on the ATF radar.

Of course, if you were both residents of Arkansas you could just get married at the reunion...then it would be joint property!

 

[GeneW]

Arkansas? A wedding? Where do you buy crotchless overalls? Fredericks of Arkansas, of course!!!