Gun Safe/Affidavit Not good for Handguns Per BATFE

[CCWInstructor]

You can not fill out the Safe Affidavit for Handgun Guns since 2006.

Several Dealers are still using them. That is for CA state law NOT Federal law.

TITLE 18 > PART I > CHAPTER 44 > § 922
§ 922. Unlawful acts
...
(z) Secure Gun Storage or Safety Device.—
(1) In general.— Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921 (a)(34)) for that handgun.

(34) The term “secure gun storage or safety device” means—
(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

This has been in effect since March of 2006
http://www.atf.treas.gov/firearms/03...afetylocks.pdf

In February. CHILD SAFETY LOCK ACT OF 2005

(Q1): What is the purpose of the Child Safety Lock Act?

(A1): The stated purposes of the Child Safety Lock Act (CSLA) are as follows:

1. To promote the safe storage and use of handguns by consumers;
2. To prevent unauthorized persons, including children, from gaining access to or use of a handgun;
3. To avoid hindering industry from supplying firearms to law-abiding citizens for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.

(Q2): What qualifies as a secure gun storage or safety device?

(A2): The term “secure gun storage or safety device” is defined in 18 U.S.C. § 921(a)(34) as follows:

1. a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
2. a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
3. a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

Most commercially marketed handgun safety locks or devices fit within the statutory definition. ATF does not consider the use of zip ties, rope, or string sufficient to satisfy the definition set forth in 18 U.S.C. § 921(a)(34).

(Q3): When must secure gun storage or a safety device be provided and are there any exceptions?

(A3): Under 18 U.S.C. § 922(z), a secure gun storage or safety device is required with the sale, delivery, or transfer of a handgun to a nonlicensee. This provision does not apply to the transfer of handguns to any Federal firearms licensee, nor does it apply to the following:

1. The handgun’s manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State; or
2. The handgun’s transfer to, or possession by, a law enforcement officer employed by an entity referred to in paragraph (a) for law enforcement purposes (whether on or off duty);
2. The handgun’s transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State for purposes of law enforcement (whether on or off duty);
3. The transfer of a handgun listed as a curio or relic to any person by the Attorney General pursuant to 18 U.S.C. 921(a)(13); or
4. The transfer of a handgun to any person for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in 18 U.S.C. 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee, a secure gun storage or safety device for the handgun.

(Q4): How are C&R firearms affected by the CSLA?

(A4): C&R firearms are exempt from the CSLA. Therefore, Type 03 licensees, collectors of curios or relics (C&R), are exempt from providing child safety locks in transfers involving C&R firearms. However, if a Type 03 licensee purchases a handgun not classified as a C&R from a licensed manufacturer, importer, or dealer, it would be necessary for the licensed manufacturer, importer, or dealer to provide a secure gun storage or safety device with that handgun.

(Q5): If temporarily unavailable, how does a licensee “deliver” secure gun storage or a safety device within 10 calendar days?

(A5): Under the CSLA, a licensee is required to provide a secure gun storage or safety device to all nonlicensees with certain exceptions. An exception under 18 U.S.C. § 922(z)(2)(d) allows for the temporary unavailability of secure gun storage or safety devices due to theft, casualty loss, consumer sales, backorders, or other similar reasons beyond the control of the licensee. However, a safety device must be provided to the purchaser within 10 calendar days of the handgun’s transfer. The law does not specifically indicate how the safety device is to be delivered to the purchaser. The buyer may come back to the store in person, or it may be mailed or shipped.

(Q6): If one gun case or safe is purchased with the sale of multiple handguns, does this meet the obligation to provide secure gun storage or a safety device with each handgun?

(A6): Yes. However, the gun case or safe must be large enough to contain and secure all handguns purchased in a single transaction. Otherwise, the licensee is required to provide a secure gun storage or safety device for each handgun.

(Q7): Is a licensee required to provide a secure gun storage or safety device with the return of a repaired or replacement handgun to the same individual?

(A7): No. The licensee is not required to provide a secure gun storage or safety device with the return of a repaired or replacement firearm to the same individual. However, if a repaired or replacement handgun were to be transferred to a different individual, a secure gun storage or safety device would be required along with completion of the ATF Form 4473 and compliance with the Brady law.

(Q8): Is a licensee required to provide a secure gun storage or safety device when loaning or renting a handgun?

(A8): A licensee is not required to provide a safety device for a loaned or rented handgun that is used on the business premises of the licensee. However, a safety device would be required for firearms loaned or rented for use away from the licensee’s business premises.

(Q9): If a licensee stores firearms on his or her business premises for a nonlicensee, is the licensee required to provide a secure gun storage or safety device with a handgun upon its return to the owner?

(A9): If a licensee stores a handgun on his or her business premises for a nonlicensee, the licensee would be required to provide a secure gun storage or safety device upon its return. However, a safety device would not be required upon the return of the handgun if it was accompanied by a safety device when originally placed in storage.

(Q10): Is a licensee required to provide a secure gun storage or safety device with a “receiver” for a handgun?

(A10): A receiver alone is not a “handgun” as defined in the GCA. Therefore, without the accompanying parts for a complete handgun, a secure gun storage or safety device would not be required. However, if a licensee transfers a receiver with all the component parts for a complete handgun, a secure gun storage or safety device would be required.

(Q11): Must a secure gun storage or safety device be provided upon the redemption of a pawned handgun?

(A11): If an individual supplies a secure gun storage or safety device at the time the handgun was pawned, an additional safety device would not be required at the time of redemption. However, if a secure gun storage or safety device was not provided at the time of pawning the handgun, the licensee would be required to provide a safety device at the time of redemption. This would also be true for the return of “consignment” firearms.

(Q12): Is a secure gun storage or safety device required for transactions resulting from consignment-type and estate-type auctions?

(A12): In consignment-type auctions, an FFL will generally take possession of the firearms prior to the auction and will place the firearms into his or her business inventory. The firearms will generally be displayed at the auction for sale and subsequently returned to the business premises for a background check and completion of the ATF Form 4473. For consignment-type auctions, an FFL is required to provide a secure gun storage or safety device at the time of transferring a handgun to a nonlicensee.

Alternatively, a secure gun storage or safety device would not be required for estate-type auctions. In these types of auctions, the executor of the estate is the actual owner of the firearms and, therefore, the actual “seller.” The auctioneer or licensee would not be disposing of firearms as part of his or her business. Unlike consignment-type auctions, the FFL will not take physical possession of the firearms. The disposal or sale of the firearms will be conducted by the executor of the estate and is not considered a part of business inventory.

ATF Online - Bureau of Alcohol, Tobacco and Firearms