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Firearms Transfers?

KX5OOKX5OO Member Posts: 19 ✭✭
edited October 2009 in Ask the Experts
I live in Texas and I do not have an FFL. Its my understanding that for me to buy a firearm from out of state, I need to have the firearm sent to a local dealer or FFL holder. Is a FFL# swap required for a dealer to dealer transaction in this situation? I've read that the only requirment is for the Transferee (local dealer) to send a copy of his FFL to the Transeror (the seller) so that the seller can verify that the buyers dealer, my dealer, is indeed licensed and current. I wanted to buy a firearm from a dealer in Georgia but the local dealers would not accept the firearm without a copy of the Georgia dealers FFL. Whats the deal??? Why not? Also, I asked several local dealers if they would transfer a handgun from a private seller on Gunbroker. All the dealers I spoke with said NO. It must come from a dealer and be accompanied by a copy of the private sellers local dealers FFL#. Is all this necessary? Some of the local guys said thats what the ATF told them. Is that the truth? What about other states? Same deal?

Comments

  • lilguylilguy Member Posts: 12 ✭✭
    edited November -1
    My home based dealer faxed his FFL to a dealer in another state. The out of stater then immediately ship the gun I won to him and I did all the paper work at his home.Interstate transfers MUST go through 2 dealers. Intrastate transfers are ok between private parties.
  • 41 nut41 nut Member Posts: 3,016
    edited November -1
    Unless state or local law says otherwise you can legally ship either a long gun or a handgun to a FFL dealer in another state providing he will accept a firearm from an individual. Otherwise your FFL needs a copy of the FFL of the dealer he is shipping to before he can ship to him. The receiving FFL should be provided with a copy of the sending FFL's lisence so he can show who he received the firearm from. If you send a firearm as an individual you should include a copy of your drivers lisence for the same reason. Even though it is perfectly legal for an individual to ship a firearm to a FFL for some reason a lot of FFL's will only accept shipment from another FFL.
  • KX5OOKX5OO Member Posts: 19 ✭✭
    edited November -1
    lilguy,

    I asked the local ATF about this. ATF said that the law only requires the transferee to send a copy of his FFL to the transferor. So that the transeror can verify that the transferee is a dealer in good standing. So you are not shipping a firearm to someone not qualified to have it. Not an FFL exchange. And, no FFL copy is legally required with the firearm when its shipped. I'm trying to understand what the big deal is regarding the transferor having or shipping through an FFL. Thanks for the Reply 41 nut. Have you sold many firearms through Gunbroker?
  • He DogHe Dog Member Posts: 51,424 ✭✭✭✭
    edited November -1
    Many, if not most dealers these days require all they can get to cover their sixes. Thus, many tranfer FFL's want a copy of the shipping FFL's license, whether it is required by the BATF or not. There is nothing stopping them from makeing their own more stringent rules. They can fax or e-mail copies of their licenses easily, and there is really no reason for the shipping FFL not to accomodate your transfer FFL. Yeah, your guy is over the top, but he is making sure he is not left with an illegal transfer on his books. That is understandable, if not commendable.

    What is required by the BATF is that the receiving FFL send a copy of his license to the shipping FFL, so the shipper/seller can verify it is going to a valid FFL for transfer to the buyer. Then you fill out the 4473 and anything Texas or your city might require and you go home smiling.

    If you are buying firearms older than 50 years with some regularity consider getting a C&R FFL for yourself. $30 for three years and dealers send directly to you. ONLY on firearms older than 50 years, or those on the approved list.
  • nmyersnmyers Member Posts: 16,879 ✭✭✭✭
    edited November -1
    All dealers are required to maintain a BOUND BOOK, which lists every firearm they handle. There is a part for "acquisitions", & one for "dispositions". Each part requires an FFL # OR a name & address. Your local dealer must be sure where every gun he receives come from, so there is nothing wrong with him requesting a photocopy of the shipping dealers FFL. It's standard practice in the business.

    Now, if someone walks into your local dealers shop to sell a gun, your dealer must record his name & address. Same thing if someone ships a gun to him; a photocopy of the senders DL is all he needs. A dealer who won't accept that is telling you he doesn't respect you enough to deserve your business.

    Check the list of Gunbroker participating dealers on the website. I have always found them to be helpful.

    Neal
  • JIM STARKJIM STARK Member Posts: 1,148 ✭✭✭
    edited November -1
    If I , as an FFL, receive a firearm from a non-FFL, and he doesn't provide a copy of a photo ID....What do you suppose I'm going to put in my acquisitions log for " received from" ????? I could use the return address on the package I received.... What proof do I have to show BATFE when they audit me?????? If I don't receive a photo ID or a copy of an FFL, and I can't put it in my book, Who do you suppose will pay the return shipping..I've got to return it, so I don't have a firearm in my possession that's not in my book... That's what I call between a rock and a hard spot.... I presently accept firearms from a non-FFL as long as I get a photo ID... The 1st time I get bit... It'll be FFL to FFL.. This is why some FFL's won't accept transfers from non-FFL's...
    BELIEVE IT OR NOT!!!!!! It's not about lining our pocket...Just covering our A__ses....
    JMHO...
    JIM.............
  • KX5OOKX5OO Member Posts: 19 ✭✭
    edited November -1
    quote:Originally posted by JIM STARK
    If I , as an FFL, receive a firearm from a non-FFL, and he doesn't provide a copy of a photo ID....What do you suppose I'm going to put in my acquisitions log for " received from" ????? I could use the return address on the package I received.... What proof do I have to show BATFE when they audit me?????? If I don't receive a photo ID or a copy of an FFL, and I can't put it in my book, Who do you suppose will pay the return shipping..I've got to return it, so I don't have a firearm in my possession that's not in my book... That's what I call between a rock and a hard spot.... I presently accept firearms from a non-FFL as long as I get a photo ID... The 1st time I get bit... It'll be FFL to FFL.. This is why some FFL's won't accept transfers from non-FFL's...
    BELIEVE IT OR NOT!!!!!! It's not about lining our pocket...Just covering our A__ses....
    JMHO...
    JIM.............


    How can you get "Bit" if you are following the law? Lets say a guy ships you a firearm. All he gives you is his address. Legally, thats all you need right?? The only requirment is for you to send him a copy of your FFL# so he can verify you. Why do you need to prove anything to BATF if you are following the law? What can ATF do to you if all you have is an address in your book? Take your license because you followed the law? Its almost like back door gun registration.
  • KX5OOKX5OO Member Posts: 19 ✭✭
    edited November -1
    quote:Originally posted by nmyers
    All dealers are required to maintain a BOUND BOOK, which lists every firearm they handle. There is a part for "acquisitions", & one for "dispositions". Each part requires an FFL # OR a name & address. Your local dealer must be sure where every gun he receives come from, so there is nothing wrong with him requesting a photocopy of the shipping dealers FFL. It's standard practice in the business.

    Now, if someone walks into your local dealers shop to sell a gun, your dealer must record his name & address. Same thing if someone ships a gun to him; a photocopy of the senders DL is all he needs. A dealer who won't accept that is telling you he doesn't respect you enough to deserve your business.

    Check the list of Gunbroker participating dealers on the website. I have always found them to be helpful.

    Neal


    I understand you want to protect your license. But, does the law state that a seller must provide you with a copy of his drivers license?? Or, is it simply listed on the "gun records book" provided to you by ATF? In other words are they sneaking extra info in NOT required by law? If you have an address in your book from a seller thats all you need right?? Why do you have to verify that its the truth? Can the ATF take your license for following the law? What am I missing.
  • KX5OOKX5OO Member Posts: 19 ✭✭
    edited November -1
    quote:Originally posted by He Dog
    Many, if not most dealers these days require all they can get to cover their sixes. Thus, many tranfer FFL's want a copy of the shipping FFL's license, whether it is required by the BATF or not. There is nothing stopping them from makeing their own more stringent rules. They can fax or e-mail copies of their licenses easily, and there is really no reason for the shipping FFL not to accomodate your transfer FFL. Yeah, your guy is over the top, but he is making sure he is not left with an illegal transfer on his books. That is understandable, if not commendable.

    What is required by the BATF is that the receiving FFL send a copy of his license to the shipping FFL, so the shipper/seller can verify it is going to a valid FFL for transfer to the buyer. Then you fill out the 4473 and anything Texas or your city might require and you go home smiling.

    If you are buying firearms older than 50 years with some regularity consider getting a C&R FFL for yourself. $30 for three years and dealers send directly to you. ONLY on firearms older than 50 years, or those on the approved list.


    What is an illegal transfer? What are the penalties for it?
  • givettegivette Member Posts: 10,886
    edited November -1
    You are going to receive a firearm, correct?

    Look up Gunbroker FFL's on page one of the auction site (I think it's called 'Find an FFL near you'). These are FFL's that have signed-on to Gunbroker for the express purpose of handling firearms transfers.

    He will take care of everything, and will be happy to answer your questions. And your firearm could be packed, ready for shipment in a few short days! Best, Joe
  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,453 ******
    edited November -1
    On dealer to dealer transfers FFLs must be exchanged, the regulations are very clear on that. As a dealer I'd either need a hard copy of the other dealer's FFL or a copy FAXed or e-mailed to me. Just the FFL number alone is not enough to comply dealer/dealer. If a non licensee requested a dealer's FFL the dealer is obligated only to provide the FFL number, he does not have to provide a copy of his license to a non licensee. The FFL number can be run through the BATFE EZ-Check by the non licensee to ensure it is valid. If I receive a firearm from a non licensee I need his name and a physical address so that I can enter both into my A&D book. There is nothing in the regulations that states I must have a copy of his ID, although I can certainly request it. Whether or not anyone abides by them; that is the way the regulations are set up.
  • hunter86004hunter86004 Member Posts: 1,222 ✭✭✭✭✭
    edited November -1
    On dealer to dealer transfers FFLs must be exchanged, the regulations are very clear on that.

    Excuse me, but when was the last time a wholesaler sent you a copy of their license?
    Some don't even bother to send their FFL#.
  • KX5OOKX5OO Member Posts: 19 ✭✭
    edited November -1
    quote:Originally posted by givette
    You are going to receive a firearm, correct?

    Look up Gunbroker FFL's on page one of the auction site (I think it's called 'Find an FFL near you'). These are FFL's that have signed-on to Gunbroker for the express purpose of handling firearms transfers.

    He will take care of everything, and will be happy to answer your questions. And your firearm could be packed, ready for shipment in a few short days! Best, Joe


    Obviously. Since you haven't been following along, I know what the laws are and I know the process. Thanks for your BRILLIANT contribution.
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