FFL return question
If I ship a gun as a non FFL holder to an FFL holder from an auction and the buyer declines it as per our agreement the gun may be returned directly to me since there was no transfer of ownership, correct? Thanks.
T67
T67
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I wouldn't be counting on that unless you contacted his FFL directly. He agreed in writing to return it to you, without going through a FFL where you live. 0 -
If it's an interstate transfer, it must be returned to an FFL in your area, assuming it's a modern firearm. 0 -
It's actually a hypothetical question, but I was dealing with a buyer and we were trying to work out the details before the rubber meets the road. It sounds like he is kinda wishy washy and I wanted to cover my butt just in case.
I really don't want to spell out a big return policy in my auction detail because to me it seems like I'm trying to hide something. Most auctions that have a return policy is usually stated in the pre scripted question area and really don't get into much detail.0 -
It would probably have to come back to YOUR local FFL. Once it got to the buyer's FFL, that FFL logged it in to his book. If he sends it out of state, I think he has to show it went to an out of state FFL. I think the federal laws allow it to come back to you directly ONLY if you sent it to an out of state gunsmith or manufacturer for service. THOSE guys can return directly to an out of state owner. [:)] 0 -
quote:Originally posted by toad67
It's actually a hypothetical question, but I was dealing with a buyer and we were trying to work out the details before the rubber meets the road. It sounds like he is kinda wishy washy and I wanted to cover my butt just in case.
I really don't want to spell out a big return policy in my auction detail because to me it seems like I'm trying to hide something. Most auctions that have a return policy is usually stated in the pre scripted question area and really don't get into much detail.
Years back when I was still doing the auctions. I made it clear that if they returned a firearm, that they were liable for the FFL costs on both ends.
Only one time I had problems with a nitpicker. He got me so mad I told him to send back the dam gun, and I would pay the freeken FFL. Never heard from him again. Some folks aren't, happy unless their bellyaching about something.0 -
If the sender was legally permitted to ship a firearm to the recipient, the recipient can return it to the sender. The only exception would be if the recipient learned that the sender was legally prohibited from possessing a firearm.
Neal
EDIT: I saw an ATF decision letter saying this could be done, but was unable to get a copy; this specific situation is not covered in ATF P5300.4. But, return of a repaired (or replacement) gun directly to the owner IS specifically permitted.0 -
Neal,
I believe.....The sender (non-FFL) sent it to an FFL...Buyer doesn't want it...Buyer's FFL is going to return it.... He can't return it to the sender (non-FFL).... The ownership passed from the sender to the buyer's FFL, then how can the ownership change again, across state lines from an FFL,returning it to a non-FFL...
I wouldn't do it unless I could find written proof it's legal...I looked thru the reg's and couldn't find anything addressing this situation
JMHO.....
JIM.....................0 -
It seems to get confusing since technically it never changes owners only who has posession of it. I was thinking kinda along the lines of sending a receiver in for service work then having it sent back. Thanks for checking.
Todd0 -
You didn't say what type of gun . Handgun or Rifle/Shotgun ? My guess is his FFL will want to ship to your FFL only. You also didn't say is it Interstate or Intrastate and also which state. Bottom line have him ship it to your FFL. Remember you can bend the rules but if it breaks open in transit and Investigators start checking sender and adressee you better have your ducks in a row. 0
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