doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com No FFL required ?

I recently offered to purchase a shotgun from a seller who resides in the same state as I, but he insisted it go to a Licensed dealer to be transferred. The unnecessary infringement and associated fee blocked the deal.

What do the rest of you living here in the U.S. think about going through with such a transaction?

If not required by state law, it's as negotiable as the price.

It would have to be a screaming deal or something I couldn't find elsewhere for me to put up with it.

I've done direct transfers regularly in South Carolina where it is unquestionably legal under US and SC law to directly transfer a firearm from one SC resident to another SC resident.

Some states have more restrictive laws and require an FFL to handle transfers.

If it was a firearm I wanted I might go through the FFL but would require the seller to pay all fees because it was his choice to use an FFL - otherwise no deal.

Most of the firearms I've purchased have been from out-of-state, including one several weeks ago, so they must be shipped to my FFL under US law.

Gosh, I think it depends on how much you want the gun. It would only be a show stopper for me if I was "on the fence" about it. Otherwise I can recite many cases of jumping thru much more difficult hurdles to purchase a special gun over the years. I remember driving for 10 hours one way on a rifle the seller wouldn't ship and wanted a face-to-face delivery. As the paperwork and cost are really inconsequential, I'm betting you weren't that much in love with it. Regardless, there's another one out there. Good luck...

Its legal in GA. I once did a face to face Parker/Lefever trade with a poster here from Alabama. We met at my farm and rounded up a local gunsmith who was watching a nascar race to bless the transaction...Geo

Some sellers don't know the law. Some think that by using a ffl the automatic background check will get them off the hook if you do something later which proves to get the LEO or BATF involved. Many FFL s will want a fee from you and the seller to run it through his books then you must pay state sales taxes if he runs it through his books because if he get audited for sales taxes he will be held liable for not collecting and remitting that sales tax to them. Had a ffl friend who owed a lot of money because he did not collect sales taxes on just these type transactions. State said the fact he made only the transfer fee did not mean he did not have to collect sales taxes. They pointed out if he sold a gun at a loss he would still have to collect taxes so the fact he made zero on the gun was irreverent.

So it comes down to more than one ffl fee. Be honest with yourself. Few guns are going to be worth this amount of hassle and extra expense. When in doubt just keep looking another gun will be along shortly. Private sales are fine unless they get more complex than they are worth.

Depends where you are. In CA, all transfers "must" go thru an FFL, even inheritances. Paperwork costs can easily go $200-$400, even for a POS parts gun.

I get this crap from some sellers even with verifiable pre-1899 antiques. In this case, my FFL gives me a copy of his FFL license, and I forward it to the obstinate seller who is too dumb to understand the law. I have the gun shipped to my FFL. When it arrives, I go there and open it to show him it doesn't require a transfer. He gives me the gun, and I give him $10 or $15 as a tip for accepting delivery. He does not enter it in his book because it isn't required.

There have been some instances where the requirement to do an unnecessary transfer intrastate has been a deal breaker for me. It isn't required by law for long guns in my state, so hard-headed sellers who insist upon it can just keep their gun unless it is a screaming deal.

The whole FFL xfer thing is a mess for sure. But as more and more transactions go thru more and more sellers are gonna have a gun that is already on the books. AFA the tax goes if you're telling the FFL what you really paid for the gun you deserve to pay the tax.
Hearing people talk about the FFL thing usually leaves the impression that they think no one knows they have a gun and that avoiding the FFL will ensure that. Certainly suggestive of a mental deprivation of some sort.
FFLs don't worry me and if I have a gun that's already on the books it is most certainly leaving thru one.

FWIW - - - KY Jon speaks the truth. You don't want the FFL then you outta luck on a buncha stuff.

I'm going on 64 and maybe it's that I'm turning into one of those grumpy old men. No Doubt! So I see it this way: since about 1963 we have been trying to keep and defend our second amendment rights and of late we have been making some progress. I just feel rolling over for some hand wringer to get a gun I want is selling out. The fee or tax or record be damned. I'll do without it and enjoy the continuing search.

What was it old Ben said? "Those who would give up essential Liberty, to purchase a little temporary Safety (or expedience), deserve neither Liberty nor Safety".