FFL transfer??
I bought a gun online from an individual . now unbenounced to me my FFL says it has to come from another FFL . so now he is holding my gun in LIMBO. I live in midwest mo. dose anyone know where I can find the actual laws to read . thanks, [B)] [:(!]
If you can't run with the BIG DOGS stay on the porch!!
If you can't run with the BIG DOGS stay on the porch!!
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This comes up about twice each month and is another example of how you should have a clear understanding with your dealer of exactly how HE wants the transfer to procede. There is no federal regulation (although some states like New York insist that handguns be received only from dealers) which mandates dealers receive firearms from other FFLs. On the other hand you are in no position to force him to do anything but your dealer cannot hold onto the firearm for an indefinite period; Once he has accepted the firearm he has until the close of the next business day to enter it into his bound book. If he has done this he can legally transfer it. If it was not entered the firearm into his A&D book he is in violation and needs to return the firearm to the person which shipped it to him.
"Nothing can ever be made 'idiot proof' because idiots are simply too clever"!
Mark T. Christian0 -
[8D]I have bought a No. of firearms from Texas/vermont/Conneticut- from non-FFL sellers-I'm in California-All you do is negotiate with the SELLER to have the firearm that you want sent to you-taken to their LOCAL FFL/dealer and have it transfered from him. You have to add the SELLERS transfer cost to the Auction/shipping cost-usually about $25, no biggee-you let YOUR FFL talk to their FFL and its all legal, just costs a few dollars more![:p][:p]
On your mark-get set- go away!!0 -
may need to check with another dealer - each dealer can require anything he wants - that is why you should clear that up before bidding and offer to pay the sellers cost of paying a dealer on his end - it is your responsibility 0 -
you state (so now he is holding my gun in LIMBO.) like Mark says if he has your gun he either has to transfer it to you or send it back , force him to do one or the other or call the BATF and report him
this link may help
http://www.gunbroker.com/Support/SupportFAQView.asp?FAQID=10460 -
Thanks guys, this is a long time friend and a dealer I have had handle probably 50 transfers. but now theres a new rule! I am guessing I am not spending enough of my money in his shop so he is changing the rules on me. [:(!]
If you can't run with the BIG DOGS stay on the porch!!0 -
Have him show you this new rule in his book.It doesn`t exist.You can got to the batf web site yourself and find/print out the rules. He is misinformed. 0 -
Your "friend" is wrong as far as federal law is concerned. IIRC, the federal laws regarding transfers are in Title 18, Section 922 of the US Code. There might be some state law against it in your locality though. But as far as federal law is concerned, only the recipient has to be an FFL.
If insists on holding it even after you've pointed out the law and you REALLY want to make an issue of it, take him to small claims court for conversion of property.
Personally, if he insists, I'd ask him to pay the return shipping to the seller, have the seller ship to another dealer, and never do business with the guy again.0 -
Best to find a dealer who knows the law, tell your dealer you will have all further transactions handled through someone who understands the law, and do your business elsewhere.
To err is human, to moo is bovine.0 -
You know, part of this problem is the BATF agents misinform dealers. The BATF agents who visit dealers :to help: tell the dealers the wrong crap. The BATF agents themselves cannot keep track of all these laws. I have an old friend who is a dealer, this topic came up in a discussion with him. He said outrght the local BATF agent told him he had to receive guns from an FFL. I asked him to show me in the regs where that was so, he couldnt do it. Much of this problem stems from stupid BATF agents misinforming legitimate FFL holders.
To err is human, to moo is bovine.0 -
quote:Originally posted by James Ayers
[8D]I have bought a No. of firearms from Texas/vermont/Conneticut- from non-FFL sellers-I'm in California-All you do is negotiate with the SELLER to have the firearm that you want sent to you-taken to their LOCAL FFL/dealer and have it transfered from him. You have to add the SELLERS transfer cost to the Auction/shipping cost-usually about $25, no biggee-you let YOUR FFL talk to their FFL and its all legal, just costs a few dollars more![:p][:p]
On your mark-get set- go away!!
Even California doesn't require that a firearm be shipped from a licensee. As a matter of fact, they specifically allow California dealers to receive firearms from unlicensed out of state individuals.
That being said, some dealers will not accept firearms from nonlicensees. Check with the dealer first in order to avoid later problems.0
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