doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com FFL transfer protocol

And I ask the question again:
What is the risk to an 01 FFL who ships or received a qualified firearm from a C&R licensee? He's certainly NOT going to do it without a copy of the C&Rs license.
Jim

I am not out waving the flag to do transfers, but I do a few for a couple of dealers and individuals , they send a gun to me in the Houston. I charge $40.00

I accept guns from none ffl for transfer with no problem. I know of many dealers who only accept transfer from other ffl dealers. If that is how they wish to do business, that is their deal.

In 40 some years in business, I have only one issue. So I really think that is no big deal.

If for some reason I would get a gun in and the person did not past the background check, then its their problem with sending it back. I would hold it until they find an ffl who would accept return delivery. ( They still owe the $40.)

John Boyd
Quality Arms
Houston, TX

Oh my gosh John, your policy sounds... gasp!... reasonable and rational. That will never fly with the Chicken Little's who have been making mountains out of mole-hills here. Any FFL who was asked to go the extra mile to beg for required documentation or do return shipping could simply tell the customer that it's his problem, or charge more for the non-standard extra work. No need to screw everyone because of an extremely small number of miscues.

And Jim, the only thing an 01 FFL holder has to lose by shipping to or receiving a gun from a legitimate C&R License Holder is making more money on unnecessary transfer fees. I guess they have the right to be obstinate. And we have the right to shop around and not do business with unreasonable people.

Supposing the situation that a non-dealer ships a firearm to a buyer's FFL (dealer), and that, for whatever reason (failed to pass, chooses to return, never shows up!) the firearm is still the buyer's property, correct? After all it is legal for individuals to sell firearms directly to other individuals (has that law changed?) the difference is the legal requirement to "transfer" the firearm since it was shipped and not a face-to-face transaction. The FFL is not the seller, the firearm is never his property. Does the law prevent the FFL from returning the firearm to the seller/shipper directly?

I've had firearms returned from consignment arrangements without the need for an FFL transfer, after all the firearm is my property.

"I've had firearms returned from consignment arrangements without the need for an FFL transfer, after all the firearm is my property."

That is against the law. Once a gun goes to consignment the consignee MUST pass a back ground check to take possession of his own property. Crazy I know....but that is the law.

Maybe I am thinking of pre-background check days and I picked up the gun in person? It's been a while so I may be confused on that subject...

"...Supposing the situation that a non-dealer ships a firearm to a buyer's FFL (dealer), and that, for whatever reason (failed to pass, chooses to return, never shows up!) the firearm is still the buyer's property, correct?..."

The firearm once it reaches the FFL is considered 'transfered' to that FFL, no longer the sellers gun. It is logged in as 'Acquired From' (sellers name/address,ect) in the FFl's log book. The only way it can go anywhere ('Disposition')is to another FFL (w/copy of their FFL) or to another non-FFL (with 4473/NICS done).
Doesn't matter if it was sent/dropped off for consignment sale or sent for xfer to another customer or sold outright to the FFL.



If the firearm is refused, background check failed, or for whatever reason the gun doesn't get transfered to the local customer,,the FFL cannot simply box it back up and send it back to the original seller(non-FFL).
That's one of the problems you get in to. It has to go to another FFL in the sellers state for transfer (4473.NICS) back to the seller.
Again it seems out of wack, but that's the regs.


Selling to C&R license holders,,sure will any day of the week.
Either FTF or ship it to them. Same deal as an 01 or 02,

If the pertinent question is possession and not ownership, what if my out of State cousin wants to go bird hunting while he's visiting Georgia. I loan him my 311 and for some reason the BATF&E gets wind of it. Have I broken the law by transferring a covered firearm to an out of Stater without going through an FFL?...Geo

From BATF - " A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law."

If the firearm arrives at the FFL and is logged in I understand it is no longer the seller's firearm. If it is not picked up properly by the buyer I would think it is the FFL's firearm at some point.