I bought a Sig on GB from an individual, who sent it to my local gun club FFL along with a copy of his license. Gun Club just called me saying they won't transfer it to me as it didn't come from an FFL and they won't send it back to the individual as they don't know him. They're also apparently on the fence whether they would be willing to send it to another FFL in the seller's state as they aren't willing to put it in their system and sending it would imply taking ownership of it. This is ridiculous. Can they just let it sit in their safe forever?
I live in Georgia and didn't think it was something I had to even worry about. I called them beforehand to get the price for doing it and noone mentioned it would have to come from an FFL. Suppose I should have been proactive and asked. Hopefully they'll just come around and do the transfer. My getting an attorney involved to straighten it out won't be good publicity for them.
It appears the transfer is in fact legal, but in the end it is the receiving FFL that decides to accept or not. If the shop is known to you, or seems at all open to discussing it, perhaps copying the statute down and appealing politely might get the job done.
From the ATF:
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun.
In addition, federal law requires that the carrier be notified that the shipment contains a firearm or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.
[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
Stupid, my FFL does it all the time. It’s like a private party transfer with a background check..they put it on their books. The reason identification that went with the package. They do the background check and give you the gun.
Posts: 908 | Location: Snohomish, WA | Registered: February 17, 2006
Originally posted by smithnsig: If gun club accepted it but won’t transfer it to you call police and ATF. It’s called stealing.
Yup. Nothing that was done by the seller was illegal. The only thing that's illegal now is that the FFL is holding the gun hostage. Their store's policy of not accepting from non-FFL doesn't mean they can keep stuff that don't belong to them. Thief.
Q
Posts: 28046 | Location: TEXAS | Registered: September 04, 2008
That sucks. I don't know the ins and outs of being an FFL, but around here, I don't know any who'll accept transfers from non-FFL holders. Because of this, I've passed on a few purchases on the forum. Maybe the nearest ATF field office could provide some guidance on how it should be handled?
Just got back from the shop. Owner came in and dope-slapped the guy behind the counter and said to "give the man his gun". All good. I'll definitely make sure I ask that question beforehand next time I do a transfer.
^^^^ Glad it worked out and yes, checking ahead does help. I’ve talked to FFL’s that won’t even accept long guns from private sellers, which is absurd.
“Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown
Yes it’s stupid but every shop around me will not accept a firearm from a individual. They will not transfer it and only ship to a gun shop in the name of the person who shipped it to them AFTER that person PAYS for return shipping. That really screws things up .
Posts: 635 | Location: PHILADELPHIA,PA,USA | Registered: October 24, 2002
Regarding PASig's post: There are some things to consider here. If the OP is new to guns, he may never have known that some FFLs will not accept handguns from an individual. The FFL with whom he is doing business should have made it clear to him that he (the FFL receiving the handgun) requires that the handgun in question MUST come from another FFL. Most dealers are clear about their policies, but some are unfortunately not.
I’ve never understood this position by some ffl’s. It’s so stupid. It’s legal, so process the damn background check. Like we need our own making things more restrictive. Dipshits I say to any FFL who would do this.
I can think of many reasons. The dealer may be worried the seller is actually selling guns for profit without a license and they don't want to be linked to the person if the seller ends up being criminally investigated. Another reason is the seller might not include the proper name and address so the dealer can log the transfer correctly in their bound book. Another reason might be that if the seller falsely described the guns condition and the buyer decides not to take possession than sending it back to the buyer will become a hassle and the dealer will probably end up eating the shipping cost.
quote:
Originally posted by esdunbar: I’ve never understood this position by some ffl’s. It’s so stupid. It’s legal, so process the damn background check. Like we need our own making things more restrictive. Dipshits I say to any FFL who would do this.
Originally posted by Fundman: I can think of many reasons. The dealer may be worried the seller is actually selling guns for profit without a license and they don't want to be linked to the person if the seller ends up being criminally investigated.
Seems to me that any competent investigator would be able to rule out that link easily. As long as the FFL was on the up-and-up, he would have nothing to fear.
quote:
Another reason is the seller might not include the proper name and address so the dealer can log the transfer correctly in their bound book.
That problem can be solved with one phone call.
quote:
Another reason might be that if the seller falsely described the guns condition and the buyer decides not to take possession than sending it back to the buyer will become a hassle and the dealer will probably end up eating the shipping cost.
Doesn't the same possibility exist when receiving from an FFL?
quote:
Originally posted by esdunbar: I’ve never understood this position by some ffl’s. It’s so stupid. It’s legal, so process the damn background check. Like we need our own making things more restrictive. Dipshits I say to any FFL who would do this.
I'm with esdunbar on this one. It makes no sense.This message has been edited. Last edited by: toivo,
