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ITEMS NOT TO SELL
AT YOUR SELF-STORAGE LIEN SALE
2PRESENTER
StorageTreasures, Managed by OpenTech Alliance, Inc.
Strategic Account Manager & Auctioneer
e. crosa@opentechallaince.com c. (404) 643-4528
Auction Licenses: FL - AU4247, GA – AU003807, TX – 17062
*** Contact us for a full list of all team member’s auctioneer license numbers.
CHELI ROSA
3
OVERVIEW
1. Firearms & Ammunition
2. Food, Drugs, Cosmetics, & Medical Devices
3. LP Gas Containers
4. Beer, Wine, & Liquor
5. Personal Items & Records
4
& Your Rental Agreement
CUSTOMER SERVICE
• If you do not allow people to store specific items
such as firearms, make provisions in your rental
agreement to address this.
• If you have specialty storage such as firearms,
have an attorney review your rental agreement.
• Explain to customers at the time of the rental there
are certain items they should not store in their
storage unit.
• Have an addendum for items they are not allowed
to store.
5FIREARMS & AMMUNITION
Firearms have a higher
likelihood of being
stolen out of a storage
unit
If you need to sell a
firearm at a lien sale,
you will need to abide
by gun restrictions
Guns are often more
valuable than household
items and therefore
more difficult to sell in a
commercially
reasonable manner
Having firearms at your facility is scary for several reasons
6STORING AMMUNITION
You should never
allow a tenant to
store ammunition at
your facility and
firearms and
ammunition stored
together is
dangerous
7
STORING GUNS
Elmwood Self Storage
New Orleans, LA
• There are storage facilities openly offering sophisticated gun
storage
• Vault Storage
• Things to consider if you allow guns to be stored at your property
• Security – facilities are now using Barometric Scanning
Security (fingerprint scanning)
• Climate control for the sensitive needs of firearms
• Legal & Insurance Questions – Have your lease agreement
reviewed by a legal professional
8
Federal Firearms Regulations
National Firearms Act - 1932
It is not unlawful for
some people to sell the
occasional firearm out of
a storage unit without a
license
The only people required
to be licensed are those
engaged in the business
of dealing firearms
This includes someone
who devotes time,
attention, and labor to
dealing with firearms for
profit
Section 921 of the Federal Firearms Regulations,
The term “dealer” means any person engaged in the business of selling firearms at wholesale or retail
The term “engaged in the business” as, applied to a dealer in firearms, as defined in section 921(a) (11)(A), a person who devotes 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, but such term shall not include a person who makes occasional sales,
exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal
collection of firearms;
9
There are people you
cannot sell firearms to at
any time
FIREARMS EXCEPTIONS
• Those convicted of a violent crime or under indictment for a crime
punishable by one year or more
• A fugitive from justice
• Someone on a controlled substance or an unlawful user of illegal drugs
• An underage person. By federal law, the person must be 18 to purchase a
handgun, but some state laws have stricter regulations
• A person tried in court under the defense of mental instability or one who
has been committed to a mental institution
• Someone with a non-immigrant visa
• Those dishonorably discharged from the military
• Those who have renounced their US citizenship
• Those under a court order for harassment or stalking
• Someone convicted of domestic violence allegations
10STATE GUN LAWS
11
Have any known
firearms checked out by
law enforcement to
confirm they are not
stolen or have been
used in a crime
Consult with a Federal
Firearms Dealer to
determine the value of
the firearm
There are no special
procedures to follow in
order to sell a firearm
Guns are not household
items and they should
not be advertised as
such
Ensure your winning bidder meets the requirements for sale. If you are not certain a bidder meets the
requirements, you can sell the gun separately through a federal firearms dealer who will be able to run a
background check. Share any information you have about the firearm with the bidder.
FIREARMS IN LIEN STATUS
12
WEAPONS YOU CANNOT SELL
Automatic
Weapons
Shotguns or
Rifles with a
shortened barrel
Illegal Weapons
Such as Brass
Knuckles
If you see an illegal weapon in a storage unit, it should be removed and turned over to the
police immediately
Shotguns - 18inches
Rifles - 26 inches
13LP GAS CONTAINERS
14
FOOD
Regulated by the FDA,
one must have a license
or a special permit to sell
food products
DRUGS
Prescription and Non-
Prescription drugs are
heavily regulated and very
few people can sell these
items
COSMETICS
Cosmetics are regulated
under the Federal Food
Drug & Cosmetic Act as
well as state regulations
MEDICAL DEVICES
Medical devices have
strict definitions and must
be approved by the FDA to
be in circulation
FOOD, DRUGS, COSMETICS, &
MEDICAL DEVICES
15FOOD
Any substance that is reasonably expected to
become a component of food is a food additive
that is subject to premarket approval by FDA,
unless the substance is generally recognized as
safe among experts qualified by scientific
training and experience to evaluate its safety
under the conditions of its intended use.
16DRUGS
If you find drugs (prescription
or non-prescription in a
storage unit, you should
dispose of them properly or
contact local authorities to
have the items removed from
the unit. Do not sell any drugs
at a self-storage lien sale
17COSMETICS
The Federal Food, Drug & Cosmetic Act (FD&C Act)
defines cosmetics as "articles intended to be rubbed,
poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body...for cleansing,
beautifying, promoting attractiveness, or altering the
appearance
The Federal Government
does not require a license
to sell cosmetics
Several (but not all) states
require a specific type of
license to sell cosmetics
18MEDICAL DEVICES
• The federal definition of a medical device is long and exhaustive
• There are three classes of medical devices. Class I, Class II, and Class III
• There are over 1,700 identified items, as well as their parts and
accessories identified as a medical device
19
ALCOHOL, WINE, and BEER
• You are not legally allowed to sell any quantity of alcohol,
wine, or beer at a self-storage lien sale
• If you find a small quantity, a bottle or case of beer, dispose
of it prior to your sale
• If you find a large quantity, such as wine storage or a
refrigerated storage unit, contact your state Department of
Alcohol, Tobacco, and Firearms to inquire about a special
permit for a one-time sale of the items
• You will only be allowed to sell for personal use
• You cannot sell to people under the age of 21
• You will not be allowed to sell items past their
expiration date
Rose City Wine Vaults & Storage
20PERSONAL RECORDS
• Items containing sensitive, personal information
• Medical records
• Legal records
• Anything that could contribute to identity theft
21
22
QUESTIONS
23
COMPANY NAME
crosa@opentechalliance.com
(404) 643-4528
www.StorageTreasures.com
CUSTOMER SUPPORT TEAM
(480) 397-6503
support@storagetreasures.com
West Region
Gabriella Rupisan
grupisan@opentechalliance.com
(602) 324-8690
East Region
Steve Santee
ssantee@opentechalliance.com
(602) 324-8661
Central Region
Jorge Becerra
jbecerra@opentechalliance.com
(602) 324-8655
Next Webinar: Lien Law 101: Florida, Feb 27,
2018 at 3:00 PM EST

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Auctioneer Lien Law Webinar Series - Items Not to Sell at Your Self-Storage Lien Sale

  • 1. 1 ITEMS NOT TO SELL AT YOUR SELF-STORAGE LIEN SALE
  • 2. 2PRESENTER StorageTreasures, Managed by OpenTech Alliance, Inc. Strategic Account Manager & Auctioneer e. crosa@opentechallaince.com c. (404) 643-4528 Auction Licenses: FL - AU4247, GA – AU003807, TX – 17062 *** Contact us for a full list of all team member’s auctioneer license numbers. CHELI ROSA
  • 3. 3 OVERVIEW 1. Firearms & Ammunition 2. Food, Drugs, Cosmetics, & Medical Devices 3. LP Gas Containers 4. Beer, Wine, & Liquor 5. Personal Items & Records
  • 4. 4 & Your Rental Agreement CUSTOMER SERVICE • If you do not allow people to store specific items such as firearms, make provisions in your rental agreement to address this. • If you have specialty storage such as firearms, have an attorney review your rental agreement. • Explain to customers at the time of the rental there are certain items they should not store in their storage unit. • Have an addendum for items they are not allowed to store.
  • 5. 5FIREARMS & AMMUNITION Firearms have a higher likelihood of being stolen out of a storage unit If you need to sell a firearm at a lien sale, you will need to abide by gun restrictions Guns are often more valuable than household items and therefore more difficult to sell in a commercially reasonable manner Having firearms at your facility is scary for several reasons
  • 6. 6STORING AMMUNITION You should never allow a tenant to store ammunition at your facility and firearms and ammunition stored together is dangerous
  • 7. 7 STORING GUNS Elmwood Self Storage New Orleans, LA • There are storage facilities openly offering sophisticated gun storage • Vault Storage • Things to consider if you allow guns to be stored at your property • Security – facilities are now using Barometric Scanning Security (fingerprint scanning) • Climate control for the sensitive needs of firearms • Legal & Insurance Questions – Have your lease agreement reviewed by a legal professional
  • 8. 8 Federal Firearms Regulations National Firearms Act - 1932 It is not unlawful for some people to sell the occasional firearm out of a storage unit without a license The only people required to be licensed are those engaged in the business of dealing firearms This includes someone who devotes time, attention, and labor to dealing with firearms for profit Section 921 of the Federal Firearms Regulations, The term “dealer” means any person engaged in the business of selling firearms at wholesale or retail The term “engaged in the business” as, applied to a dealer in firearms, as defined in section 921(a) (11)(A), a person who devotes 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, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
  • 9. 9 There are people you cannot sell firearms to at any time FIREARMS EXCEPTIONS • Those convicted of a violent crime or under indictment for a crime punishable by one year or more • A fugitive from justice • Someone on a controlled substance or an unlawful user of illegal drugs • An underage person. By federal law, the person must be 18 to purchase a handgun, but some state laws have stricter regulations • A person tried in court under the defense of mental instability or one who has been committed to a mental institution • Someone with a non-immigrant visa • Those dishonorably discharged from the military • Those who have renounced their US citizenship • Those under a court order for harassment or stalking • Someone convicted of domestic violence allegations
  • 11. 11 Have any known firearms checked out by law enforcement to confirm they are not stolen or have been used in a crime Consult with a Federal Firearms Dealer to determine the value of the firearm There are no special procedures to follow in order to sell a firearm Guns are not household items and they should not be advertised as such Ensure your winning bidder meets the requirements for sale. If you are not certain a bidder meets the requirements, you can sell the gun separately through a federal firearms dealer who will be able to run a background check. Share any information you have about the firearm with the bidder. FIREARMS IN LIEN STATUS
  • 12. 12 WEAPONS YOU CANNOT SELL Automatic Weapons Shotguns or Rifles with a shortened barrel Illegal Weapons Such as Brass Knuckles If you see an illegal weapon in a storage unit, it should be removed and turned over to the police immediately Shotguns - 18inches Rifles - 26 inches
  • 14. 14 FOOD Regulated by the FDA, one must have a license or a special permit to sell food products DRUGS Prescription and Non- Prescription drugs are heavily regulated and very few people can sell these items COSMETICS Cosmetics are regulated under the Federal Food Drug & Cosmetic Act as well as state regulations MEDICAL DEVICES Medical devices have strict definitions and must be approved by the FDA to be in circulation FOOD, DRUGS, COSMETICS, & MEDICAL DEVICES
  • 15. 15FOOD Any substance that is reasonably expected to become a component of food is a food additive that is subject to premarket approval by FDA, unless the substance is generally recognized as safe among experts qualified by scientific training and experience to evaluate its safety under the conditions of its intended use.
  • 16. 16DRUGS If you find drugs (prescription or non-prescription in a storage unit, you should dispose of them properly or contact local authorities to have the items removed from the unit. Do not sell any drugs at a self-storage lien sale
  • 17. 17COSMETICS The Federal Food, Drug & Cosmetic Act (FD&C Act) defines cosmetics as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body...for cleansing, beautifying, promoting attractiveness, or altering the appearance The Federal Government does not require a license to sell cosmetics Several (but not all) states require a specific type of license to sell cosmetics
  • 18. 18MEDICAL DEVICES • The federal definition of a medical device is long and exhaustive • There are three classes of medical devices. Class I, Class II, and Class III • There are over 1,700 identified items, as well as their parts and accessories identified as a medical device
  • 19. 19 ALCOHOL, WINE, and BEER • You are not legally allowed to sell any quantity of alcohol, wine, or beer at a self-storage lien sale • If you find a small quantity, a bottle or case of beer, dispose of it prior to your sale • If you find a large quantity, such as wine storage or a refrigerated storage unit, contact your state Department of Alcohol, Tobacco, and Firearms to inquire about a special permit for a one-time sale of the items • You will only be allowed to sell for personal use • You cannot sell to people under the age of 21 • You will not be allowed to sell items past their expiration date Rose City Wine Vaults & Storage
  • 20. 20PERSONAL RECORDS • Items containing sensitive, personal information • Medical records • Legal records • Anything that could contribute to identity theft
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  • 23. 23 COMPANY NAME crosa@opentechalliance.com (404) 643-4528 www.StorageTreasures.com CUSTOMER SUPPORT TEAM (480) 397-6503 support@storagetreasures.com West Region Gabriella Rupisan grupisan@opentechalliance.com (602) 324-8690 East Region Steve Santee ssantee@opentechalliance.com (602) 324-8661 Central Region Jorge Becerra jbecerra@opentechalliance.com (602) 324-8655 Next Webinar: Lien Law 101: Florida, Feb 27, 2018 at 3:00 PM EST