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Sale declined - how to return item?

spclarkspclark Member Posts: 408 ✭
edited March 2002 in Ask the Experts
If a buyer refuses ownership transfer of an item he's purchased from a non-FFL holder (once it's been delivered to the FFL Transfer Dealer), can the item be returned directly to the seller, without having to be shipped to an FFL holder?
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Comments

  • nmyersnmyers Member Posts: 16,887 ✭✭✭✭
    edited November -1
    That's a good question. It is not specifically spelled out in the regulations. Logically, you would think so, but you can't depend upon logic in dealing with this sort of thing. I would pay an FFL to receive the gun for me in this situation, but, if I had the time to wait for a response, would ask BATF for a written opinion.If you get a written opinion, please post it.Neal
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  • EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    Federal law does allow for the return of the firearm to a nonlicensee. See 27CFR, 178.147. It states: "A person not otherwise prohibited by Federal, State or local law may ship a firearm to a licensed importer, licensed manufacturer, or licensed dealer for any lawful purpose, and, notwithstanding any other provision of this part, the licensed manufacturer, licensed importer, or licensed dealer may return in interstate or foreign commerce to that person the firearm or a replacement firearm of the same kind and type."Since the firearm was sent to the dealer for a lawful purpose (even though it was not completed), the dealer can return the firearm directly to the individual. The trick, however, is to convince the dealer that he can legally do so.
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  • spclarkspclark Member Posts: 408 ✭
    edited November -1
    Thanks EOD Guy; I was just about to query the BATF on this question, as the previous reply had suggested.Certainly your citation of "Chapter & Verse" should help to convince the FFL dealer who's involved. I don't expect the situation described to occur but do want to feel comfortable (and comply with the required regulations) if it should.Thanks again for your assistance.
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  • nmyersnmyers Member Posts: 16,887 ✭✭✭✭
    edited November -1
    That's a big help. Is this in the Federal Firearms Regulations Reference Guide?Neal
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  • EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    It's on page 75 of the Federal Firearms Regulations Reference Guide.
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