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Transfer ?

SGSG Member Posts: 7,548
edited September 2005 in Ask the Experts
To any of you who can help, I just bought a gun off of GB from a private party. He states that he needs a copy of my dealer's ffl, wich is no problem, my dealer gave me a copy of his ffl (signed,of course)to send to the seller with payment, but my dealer says he also wants a copy from his ffl dealer sent with the gun,for his records. The seller tells me he doesnt mail his guns through a dealer, he sends them US Postal (obviously from a residence). What should I do? I live in Wisconsin and the gun is being shipped from New York.
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    jthoresenjthoresen Member Posts: 445 ✭✭✭
    edited November -1
    SG,

    The guy can not ship the gun himself unless he is an FFL dealer. I'd look into this. Tell him this is a requirement per transaction.
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    SGSG Member Posts: 7,548
    edited November -1
    Thats what I thought. Any gun being shipped for sale must be transferred by two ffl's. Thanks, jthoresen.
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    Rebel_JamesRebel_James Member Posts: 4,746
    edited November -1
    Jesse,

    The last time I checked, a private citizen can ship a firearm 'TO' a FFL dealer.

    Please quote the statute you're referring to.

    I've shipped guns myself, always TO a FFL dealer. When I receive a shipped gun, I have it sent to a FFL dealer for me.

    WW2Guns005.jpg

    "The Greatest Battle Implement Ever Devised!"
    -- Gen. George S. Patton
    referring to the M1 Garand
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    nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    The fact is that it is legal to mail the long gun from a private residence to a licenced FFL dealer.
    Check out this link.
    http://www.seark.net/~jlove/shipping.htm

    "GOD created Q-tips for cleaning GUNS...not EARS."
    a1peteshooting.jpg
    Abort Cuomo
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    SGSG Member Posts: 7,548
    edited November -1
    This is interesting, My dealer told me he had a guy once who shipped a gun to him for a customer but didnt include a copy of his ffl, so he told the customer that he couldnt release the gun to him until he had a signed ffl copy. The seller sent him a nasty email telling him that he didnt have to send him anything blah blah blah. So my dealer sent him a response that if he didnt send one he would have the ATF contact him to explain the law to him. Needless to say, the seller responded with a copy of a signed ffl to him. Is my dealer in the right or is he just going to extremes?
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    SGSG Member Posts: 7,548
    edited November -1
    This is interesting, My dealer told me he had a guy once who shipped a gun to him for a customer but didnt include a copy of his ffl, so he told the customer that he couldnt release the gun to him until he had a signed ffl copy. The seller sent him a nasty email telling him that he didnt have to send him anything blah blah blah. So my dealer sent him a response that if he didnt send one he would have the ATF contact him to explain the law to him. Needless to say, the seller responded with a copy of a signed ffl to him. Is my dealer in the right or is he just going to extremes?
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    Rebel_JamesRebel_James Member Posts: 4,746
    edited November -1
    Your dealer is going to extremes. The former dealer probably sent him the copy instead of carrying on the argument.

    Your dealer is probably worried about receiving a stolen firearm from an unknown person. Although that's a possibility, it's not in the regs.

    Ask your dealer to show you the regulation where he can only accept a firearm from another dealer.

    WW2Guns005.jpg

    "The Greatest Battle Implement Ever Devised!"
    -- Gen. George S. Patton
    referring to the M1 Garand
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    duckhunterduckhunter Member Posts: 7,686 ✭✭✭
    edited November -1
    SG, Your dealer is in error. All he needs is a copy of the sellers drivers License.Have your dealer call the local ofice of the BATFE>

    I WOULD RATHER BE DUCK HUNTING.
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    SGSG Member Posts: 7,548
    edited November -1
    The seller said that he would include a copy of the purchase reciept from the dealer he bought the gun from. So if its a case of him being worried about recieving a stolen gun, that reciept should answer his doubts. Thanks for the help yall.[:)]
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    MooseyardMooseyard Member Posts: 2,541 ✭✭✭✭✭
    edited November -1
    Your dealer needs to have proof of where that gun came from. I accept either a copy of a DL or an FFL. Some dealers will only accept shipments from other FFLs. That is their right to have that rule. If your dealer is not willing to accept a copy of the sellers DL as proof, then you should find another FFL to do the transfer.

    "My faith, my country and my family will guide me; nothing more, nothing less" -Gen. Tommy Franks
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    SGSG Member Posts: 7,548
    edited November -1
    My dealer gave me a copy of his ffl to mail to the guy and its already on its way with the payment. I told my dealer that it was a private party that I bought the gun from and he said, no problem, just have him send me a copy of his dealers ffl...didnt think anything of it until I recieved the sellers email.
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    agloreaglore Member Posts: 6,012
    edited November -1
    quote:Originally posted by jthoresen
    SG,

    The guy can not ship the gun himself unless he is an FFL dealer. I'd look into this. Tell him this is a requirement per transaction.





    False.

    AlleninAlaska
    Delta Firearms & Supplies
    http://www.galleryofguns.com

    aglore@gci.net
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    sandwarriorsandwarrior Member Posts: 5,453 ✭✭✭
    edited November -1
    You do not need an FFL to ship to an FFL. Here is the reg you may be looking for(this from ATF website):

    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


    A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]



    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]


    A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]



    (B3) May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the
    purchaser's own state? [Back]


    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's state of residence for the purchaser to obtain the firearm from the dealer. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]


    What this is saying is you only need one FFL to do the deal. Your FFL isn't putting any money out. He isn't out anything except a few minutes of his time. If the property ends up being stolen he will have to report it on the spot and turn the merchandise over to the ATF. You are out the money if something is wrong.
    Since he sounds whiny about it I would start to think about getting another FFL to complete the transaction. I have done this myself in the past with a local shop when one of the guys who worked there tried to give me a lecture on how a $30.00 transfer fee wasn't worth his while....for five minutes of work that used a license he uses all the time. Needless to say I found a better FFL who is pretty happy to get the work. -Best of luck, but I wouldn't waste time with a whiner.



    We have the second amendment so that all the rest are secure....UNK>
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    lewmon80lewmon80 Member Posts: 12 ✭✭
    edited November -1
    While Federal Law(GCA) generally allows unlicensed parties to ship long guns to FFLs, there could be some State, County or City specific law which requires an FFL to FFL shipping of firearms. This could be the case in your area, if not then just find another FFL dealer to handle your transfer.

    Louie
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    yachtdaveyachtdave Member Posts: 406 ✭✭✭
    edited November -1
    shipping across state lines must go to an FFL. A long gun can go USPS from a private party to and FFL. Hand guns must go Fed Ex or UPS also to an FFL. Handguns can go USPS from FFL to FFL. Identification needs go with the gun (drivers license, FID card, FFL)

    Riverviewsales.net
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