Skip to main content
Help Center Community Shop

Clarification on transfer law?

Svobodov
Sorry if this is in the wrong place, from what I can tell this is the closest to the appropriate forum.

So this is my first time selling a firearm over the Internet (via GB.com) and the guy who won the auction is claiming that he's an FFL registered dealer so I can ship direct, but can't/won't send a copy of his license to me because I'm an individual seller. I've got no particular reason to trust this guy, and from what transfer law reading I've done this sounds like a load - from what I surmise, I can as an individual ship and transfer to any FFL dealer but they have to send me a copy of their license, and if they don't one or both of us are open to all kinds of ATF crap. But then, like I said, first time selling this way, and it's entirely possible I've missed or misinterpreted some federal regulation. Am I understanding the law wrong? Is there something I missed that someone can link to from an official source? Or is this guy some crook trying to talk me into an illegal transfer?

Thanks for your help.
0

Comments

12 comments

Date Votes
  • Don McManus
    He can certainly refuse to send you a copy of his license, but there is nothing legally stopping him. My FFL holder has never refused to forward a copy of his license to a private party.

    Your best bet is to have him send it to your FFL holder and ship the weapon from there. It will cost you $ 20.00 bucks or so, but will ensure that you know where the weapon is going.
    0
  • guntech59
    Somebody will be along to correct me if I'm wrong but I believe that you have to ship to an FFL regardless and the "ship to" address must be on the FFL he provides. Any thing else will probably get you in alot of hot water if you are caught!

    If you want more/better answers post this on the "experts" forum also.

    Oh, yeah. Welcome aboard!!
    0
  • crisisbill
    If the guy is being such a PITA just have him provide you the FFL # then look it up on the ATF site, then just mail it to the address listed on the ATF site. Some guys get so spooked.
    0
  • Old Fool
    Something stinks!!!!!!!!

    I would re-list the auction, and bar this guy from bidding on any of your auctions. I do not believe that he is legitimate. [:(!][:(!][:(!]

    OldFool.jpg
    0
  • Svobodov
    Alright, thanks guys, that's exactly what I needed confirmed. Given that I made what needed to happen vis-a-vis FFL transfer pretty explicit in the auction, since I'm not legally in the wrong I'm rather disinclined to blow $20 and most of a day's travel to the nearest dealer to satisfy this guy's personal tastes.

    From what I can decipher of his latest email he's got some state law that restricts buying from individuals, but come on, I was answering emails with peoples' questions about the gun and how I could send it all through the auction, anyone who wants special favors after the fact could at least send some mark of good faith first.
    0
  • Nwcid
    According to your last post about he email the guy is messing with you. If it is true for some reason that he can not receive from a non dealer then both of you would be breaking the law by you shipping it.

    It normally works by you making the sell the receiving FFL holder (can be the buyer) will send you a copy of his FFL. You then send the gun to the address after getting payment. The FFL can also be Faxed or emailed, YOU need proof that you are sending it to a legal FFL holder. Worse case is that the FFL lets you have the FFL # and you check it on the ATF site and you then ship the gun to that address only.

    If they buyer will receive it from another dealer tell him you can do that but charge a fair amount for your time and the cost of the transfer to your dealer. Short of that I would refuse to ship since I would not ship with out proof it is a current legal FFL.
    0
  • Permanently deleted user
    quote:Originally posted by guntech59
    Somebody will be along to correct me if I'm wrong but I believe that you have to ship to an FFL regardless and the "ship to" address must be on the FFL he provides. Any thing else will probably get you in alot of hot water if you are caught!

    If you want more/better answers post this on the "experts" forum also.

    Oh, yeah. Welcome aboard!!



    Not true...we've been over this 100 times, but a FFL holder can LEGALLY accept firearms at any address...it does not have to be the address listed on the FFL. I'm not going to look up the regs again and there will be those who will wish to argue the point, but these are the facts.
    0
  • Nwcid
    ECC can we get a simple answer then, I always like to expand my info and not give bad info.

    If I sale a firearm it needs to be shipped to an FFL holder. Other then shipping to the address on the form how do I know that is going to the FFL. How do I know that someone is not using a previous FFL and just having it shipped to his own house? I can understand a FFL receiving in person at another location.
    0
  • Permanently deleted user
    quote:Originally posted by Nwcid
    ECC can we get a simple answer then, I always like to expand my info and not give bad info.

    If I sale a firearm it needs to be shipped to an FFL holder. Other then shipping to the address on the form how do I know that is going to the FFL. How do I know that someone is not using a previous FFL and just having it shipped to his own house? I can understand a FFL receiving in person at another location.





    In short...you don't. You can verify his/her license through the ATF's EZ-check on their website. If the license checks out, the dealer can receive the firearm at any address. The reason for this is that some dealers receive and store inventory in warehouses. As to whether or not the dealer is having it shipped to a valid address...give me a break. I do not know of any dealer who's going to put his life/livelyhood in jeapordy by intentionally doing something illegal...and screwing around with the ATF. I'm not going to look up the regs for the umpteenth time but this is the case and I personally verified it with the ATF.
    0
  • pistoljim
    ECC is correct.
    Taken from ATF website:
    C3) May one license cover several locations? [Back]

    No. A separate license must be obtained for each location. However, storage facilities are not required to be covered by a separate license, although the records maintained on licensed premises must reflect all firearms held in the separate storage facility. Firearms may be shipped directly to separate storage facilities as long as they are properly recorded as an acquisition in the licensee's records.

    [27 CFR 478.50]
    0
  • Nwcid
    Thanks for the info. So I am just wondering then how is one sure they are really shipping to a FFL holder vs someone who is using a number they know is good on ezcheck and having it sent to their house with out going into a bound book? What kind of recourse would a dealer have if someone used his license for this reason.
    0
  • spurgemastur
    quote:Originally posted by Nwcid
    Thanks for the info. So I am just wondering then how is one sure they are really shipping to a FFL holder vs someone who is using a number they know is good on ezcheck and having it sent to their house with out going into a bound book? What kind of recourse would a dealer have if someone used his license for this reason.



    It sounds like ECC's right.

    If I were selling, I'd have your same concern and would be that PITA seller who insisted on shipping to the address on the FFL...better to lose the sale than to lose the freedom. I might know more (and therefore behave differently) if I routinely sold fire-arms. As it stands, I have yet to sell one! I just like buying them, and that doesn't happen nearly often enough.
    0

Please sign in to leave a comment.

Recent Activity