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FFL question

Discussion in 'Shooting Related Threads' started by ricks1, Nov 20, 2009.

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  1. ricks1

    ricks1 TS Member

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    This is a question for FFL holders
    I had another post about the lock issue but this Is a question for the Guys that Have the License
    You are going to do a transfer for a person. They send the money to the seller I send a copy of FFL to seller. Seller sends me the gun
    I do the NICS and it is denied
    The seller will not refund money and I have a gun someone paid for
    What do you do?
     
  2. JACK

    JACK Well-Known Member Supporting Vendor

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    Yah-ah... goot qvestion.
     
  3. Taxidermy

    Taxidermy Active Member

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    You must know if you are able to buy a gun before you start the deal, you can fill out a 4473 before ordering the gun, proceed or denied. Thanks Ronnie
     
  4. redhawk44

    redhawk44 Member

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    If that happens then as in the other discussion....you have the hammer....the gun.

    The buyer is the guy who should worry about what happens next.

    He should get hold of the seller and see if he will take the gun back and send him a refund. If so, then he can return it to the seller or the seller's dealer. I would still charge the transfer fee and if I had to be involved in the shipping, I would charge for that also.

    NOW....if the seller won't cooperate, then the buyer has few options. Probably the best option for him would be to ask you to sell it for him....for which you are entitled to a fee, or if he has a friend who IS qualified to own a gun and who ALSO NEEDS a gun like this, get HIM to pay him for the gun and to take possession of the gun.

    Bear in mind, I am not talking straw purchase here. If you have any reason to think that the second guy is just buying the gun to hand it over to the first guy, you cannot do the transfer...that would constitute a straw purchase.
     
  5. dave-320c

    dave-320c Well-Known Member

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    Receiving FFl sells the shotgun for a reasonable market price (best offer in say 30 days; gives money to denied buyer, less percentage for the sales effort (15%).
    Do not sell to denied buyers friend as that is asking for trouble.
    Just my opinion.
    Dave
     
  6. Rick Barker

    Rick Barker Well-Known Member

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    If the seller does not want the gun returned, and the buyer cannot receive it,
    then you should provide notice to both the seller and declined buyer with a registered letter of your intentions, whereas; you should hold the gun for 30 days as unclaimed property and then sell it and keep the proceeds after you deduct your handling and storage fees. This is pretty much common practice for unclaim property. Check with your local and state laws reqarding what rights you have.
     
  7. Taxidermy

    Taxidermy Active Member

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    I own a Pawn Shop for 20 years, if any question a customer can redeem the pawn you can fill out a 4473 to see if it will clear. Just do the same here before you make the deal. Thanks Ronnie
     
  8. Auctioneer

    Auctioneer Well-Known Member

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    Why were you denied? In Va sometimes that happens because they thought you were someone else for what ever reason. They have been know to call back and say its OK and or just try again.
     
  9. Shooting Coach

    Shooting Coach Well-Known Member

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    If the buyer cannot receive the firearm, and it cannot be returned, have them sign a consignment agreement and sell it on an internet site, shipped to another FFL, so one of the buyer's friends cannot not straw purchase the gun from you.

    We charge 10% or $50, whichever is more, not including shipping or any other fees.

    Tennessee Dept' of Revenue is pursuing a policy of collecting 9.25% sales tax on out of state transfers, and making the dealer liable for such tax. This will likely cause most dealers to discontinue transferring firearms. Those few left will have to charge more to cover more liability, time, and paperwork.
     
  10. ricks1

    ricks1 TS Member

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    SC looks like your the only FFL that replied I like the ones that have no idea what it is to have a FFL
    You guys that dont have them see what you have to do to get them.
    If the guy cant pass nics then the gun is mine. he gets it bullets first. As i posted in other post I have quit the transfers its not worth the hassle for even $50
    If most of us do that then the rest of you are up that big creek
     
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