doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com A legal question about FFL shippment and transfer

I bought a gun via private party and he shipped it to an FFL I had identified. The FFL dealer that is holding my side by side said he will not release it to me as the private party I bought it from did not send his driver license and passport. Th er FFL dealer says he can not log this into his books unless he has a drivers licsense

The private party tells me he does not have to supply a drivers license when shipping the gun only a signed copy of the FFL he is sending it to. Where do I stand?

Thanks Erin

Your FFL is conductng a Private Party Transfer of the gun from the seller to you. He's got to have proper identity information in order to do so. Tell your seller to get on the ball or he'll end up with his firearm back in his possession.

Some FFL's demand this when receiving from a private party others do not.

Not sure why this would be required.

Query: Who will your FFL send it back to? He might have to send it back to an FFL!

For the first time ever (last week) I sent a gun to an FFL and he required a copy of my DL. Go figger......

If your dealer has held the gun overnight without booking it in his records, he's probably already in Dutch with the BATF@E. All my local dealers require a picture ID to book a transfer gun in and threaten to refuse delivery and give it back to UPS if they don't get the ID. My individual sellers have always backed down and faxed the ID rather than have the gun placed in 'Common Carrier Purgatory' like that.

My take from what I've read and what the dealers have told me is that the BATF&E agent has advised them that if they're going to handle private party transfers, they better be sure whose ID they are booking the gun in under. The DL/PIC ID seems to be a 'safe harbor' for the dealer. Remember, the dealer is a private business man who is being watched by a non-friendly beaurocracy enforcing very fuzzy regulations. If he says this is how he wants to do business, its pretty much his call.

I recently sold two BRNOs to a poster here from Maine who wanted to ship through Kittery Trading Post. Kittery flat refused to accept a gun from me as an unlicensed individual no matter what ID I provided, so I had to ship through my local FFL. Maybe if your seller won't verify his identity, he can have his local dealer fax a FFL to ypour dealer and they can book the gun in through them...Geo

Quote:
"I recently sold two BRNOs to a poster here from Maine who wanted to ship through Kittery Trading Post. Kittery flat refused to accept a gun from me as an unlicensed individual no matter what ID I provided, so I had to ship through my local FFL. "

Not a legal requirement and this is from an operation that should know better. Every day we allow this type of behavior, which is encouraged by a Government entity, to go on the noose tightens perceptibly around our collective necks.
Get out and vote this November. We need to make gun ownership relief for law abiding citizens a top priority as soon as we can.
Jim
PS: Jim legg and I were apparentely posting at the same time and I would do the same as him which is provide a copy of my drivers license and C&R.

Your FFL is maybe partly right. He sure as hell has no reason to require a passport from the seller. Many people do not have nor have ever had a passport. However, I think he needs some identification from the seller, for HIS records. He does NOT need an FFL, from the seller's end, though some ignoramuses are wrongly insisting on it. Logically speaking, the receiving FFL's real function is to legally transfer the gun to you, the buyer and do whatever background checks(on you) that may be required. IMO, the seller could be Ted Bundy and it really wouldn't matter. However, to make things smoother for a buyer, I now always include a picture of my driver's license and my C&R, along with the gun I'm selling. If that's not good enough for your FFL, take your business elsewhere. Any demands beyond that are flat wrong.

I really wish there was a place you could report these abuses by FFLs. However, the typical bureaucratic clerk you'd get to talk to would probably know less about the fine points of the rules than some of the paranoid FFLs out there. Here in Utah, I've had good experiences with the FFLs I've dealt with but I know there are some real dingbats out there. Good luck.

I have been on the receiving end of this doing transfers. While it is not a legal requirement, it is only common sense to ask for some sort of identification from the private seller who ships the gun to you. You can then can show due diligence if any questions come up.
Many dealers dont know the laws. many do and many are in between.
best suggestion is that when you enter into a transaction with a private seller, get the details and requirements of the dealer you plan to use.

I am a ffl dealer,and we require a person to provide id before we will take in a firearm.The seller needs to provide it.Its not fun to have atf breathing down your neck,and on transfers it hardly
worth having to worry about it for the little bit of money you are making on it.Sometimes transfers can be a pain in the butt.

Who does receiving FFL send it back to if the seller is not an FFL?