In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.
Options
NON FFL Transfer Problems
tateb24
Member Posts: 2 ✭✭
Greetings,
I had a small problem arise when I purchased a ps90 from a gentleman in Washington state. I live down here in Texas. I won the auction and paid for the item. I had the firearm shipped to a local pawn shop who does transfers. The person that shipped it did not have an FFL, now the shop is holding my firearm saying they cannot transfer the gun without an FFL. After several calls, they said they could let it go if the person faxed his driver's license. I realize that the ultimate decision is up to the owner of the shop. But if they decide that this is not enough, what action can I take to get my firearm.
Can I get the firearm transfered to another FFL? I am afraid because it is a pawn shop they are gonna try to buy it from me at a very low price and then try to resell it to me. If my firearm is in limbo, what is the next action I can take. Do I need to contact the ATF?
Any advice would be appreciated.
I had a small problem arise when I purchased a ps90 from a gentleman in Washington state. I live down here in Texas. I won the auction and paid for the item. I had the firearm shipped to a local pawn shop who does transfers. The person that shipped it did not have an FFL, now the shop is holding my firearm saying they cannot transfer the gun without an FFL. After several calls, they said they could let it go if the person faxed his driver's license. I realize that the ultimate decision is up to the owner of the shop. But if they decide that this is not enough, what action can I take to get my firearm.
Can I get the firearm transfered to another FFL? I am afraid because it is a pawn shop they are gonna try to buy it from me at a very low price and then try to resell it to me. If my firearm is in limbo, what is the next action I can take. Do I need to contact the ATF?
Any advice would be appreciated.
Comments
You say "I am afraid because it is a pawn shop they are gonna try to buy it from me at a very low price and then try to resell it to me". So if the shop can not transfer the gun how can they buy it from you and resale it to you? It does not work that way. YOU own the gun, the FFL does not.
If the dealer will not transfer YOUR property to you have him send it back to the seller (this is legal since it can still be his gun as it was not transfered to you). Then find a dealer that will take guns from a non FFL and transfer them to you and have the seller ship it there. Or you can have the seller ship it though an FFL on his end which will cost you more since that FFL is going to have a charge too.
Just use this as a learning experience, and next time, find out what is required from your recieving transfer FFL. I always ask the seller if it is an individual to include a nice copy of his/her drivers license.
Best
If he will not do that, then you should start this thread.
Normal procedure for having a firearm shipped to your FFL is to include a copy of your drivers license. That is a Federal guideline. since they said they would do the transfer if the seller includes a copy of his drivers license I would hold them to that and say no more. I hope you learn your lesson about dealing with pawnshops.
As noted above some states require FFL to FFL transfers. Texas is NOT one of them, fortunately.
It is worth doing a little shopping around and talking to dealers, there is a lot of variation in price. I pay $15 and always buy the guy lunch, but there are shops in town that want $50 for a trnasfer. As rufe says, their shop, their rules, but you don't have to play with them again. Good Luck!
or is there a reason he wont
so, have him send a copy of drivers license
or is there a reason he wont
Some folks do the "I'm not sending my DL to some schmo I don't know - next thing I know my identity will be stolen" and that may be a legit concern.
Again, this is a situation where not clearly communicating to the seller and the receiving FFL puts the buyer in a bad position.
As mentioned there is no law preventing an FFL from receiving from a nonFFL, but it's their license & their rule - the pawn shop (FFL) could just send the gun back to the seller.
In addition to clear communication, I find it's best to use an FFL where you are well known, a regular customer. If the FFL knows you & you routinely spend big $$$ with them they'll be helpful.
But if they recieve from a Non FFL they like a DL, just for their records.
I had an FFL tell me that he had to charge sales tax on an out of state individual to individual transfer...being a previous sales tax vendor, and FFL I knew the FFL was trying to get 8% of $2k on top of his fee to line his pocket with. Be wary of schemes like this.
Not necessarily a scam or scheme. Some states do require the collection of sales tax for out of state purchases.
Brad Steele
quote:Originally posted by tsr1965
I had an FFL tell me that he had to charge sales tax on an out of state individual to individual transfer...being a previous sales tax vendor, and FFL I knew the FFL was trying to get 8% of $2k on top of his fee to line his pocket with. Be wary of schemes like this.
Not necessarily a scam or scheme. Some states do require the collection of sales tax for out of state purchases.
I can't argue [item in blue]. But if tax were to be paid, it would be included in the money order you mailed to the seller. I had an FFL try and pull the tax scam, but the receipt in the box showed that tax was included in the sale price.
Most that can be done locally is for FFL to tax the transfer fee (if FFL is a Royal Dick.)
Back to the question: Yes. Get your FFL's fax number, and have the seller fax a copy of his drivers' license to your FFL and to yourself simultaneously. Best, Joe
quote:Originally posted by bustinstainless
so, have him send a copy of drivers license
or is there a reason he wont
Some folks do the "I'm not sending my DL to some schmo I don't know - next thing I know my identity will be stolen" and that may be a legit concern.
Again, this is a situation where not clearly communicating to the seller and the receiving FFL puts the buyer in a bad position.
As mentioned there is no law preventing an FFL from receiving from a nonFFL, but it's their license & their rule - the pawn shop (FFL) could just send the gun back to the seller.
In addition to clear communication, I find it's best to use an FFL where you are well known, a regular customer. If the FFL knows you & you routinely spend big $$$ with them they'll be helpful.
The problem is that the pawnshop cannot send the firearm back to an unlicensed person. In order to release a firearm to an unlicensed person a 4473 need to be filled out and a background check done. The only exception is if the firearm was sent for repair or modification. In that case, it could be returned directly to the sender.