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Legal gun question?

Discussion in 'Shooting Related Threads' started by trapman69, Aug 14, 2011.

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  1. trapman69

    trapman69 Member

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    Please only if you know facts or know where on the web I can find out.
    If I sell a gun to someone. I ship it to there FFL they take ownership by filling out the ffl paperwork then three days later want to return it can they send gun straight back to me or not????
    I would like to give a three day return on gun Im selling. But don't want to have to have gun sent to an ffl for me to get it back if he decides he doesn't like it. So anyway thanks for the help in advance. PS I'm in MO he's in PA.
    Tom Reichert
     
  2. Gary Waalkes

    Gary Waalkes Well-Known Member

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    Person to person shipping is illegal - period.
     
  3. trapman69

    trapman69 Member

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    Ok I've been having one of them days. It's obvious as I stare at it your correct it would then be a person to person. Thanks Tom R
    PS Now I know why no one offers this.
     
  4. jaeger18

    jaeger18 Member

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    If your shipping to an FFL I would allow the inspection at the FFL only. Give him three days to make up his mind at the dealer. If he does not like the gun the dealer should return it to your FFL holder and you would have to transfer the gun back from his log to you.

    Once the guy from Pa fills out a 4473 its his gun and is required by law to be sent through an FFL to return it to you in MO.
     
  5. trapshootin hippie

    trapshootin hippie Well-Known Member

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    What is the difference in shipping it to the FFL and then the FFL shipping it back if the buyer decides against keeping it, and sending a gun to an FFL for repair and the repair shop sending it back to the owner? Either way it is not out of the FFL's control. Can someone explain the difference? Just wondering.

    GneJ
     
  6. 221

    221 Banned User Banned TS Supporters

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    Seems the answer is in the question.......the firearm was sent to a ffl for a transfer of a sale.....NOT for repairs. If you leave a firearm with an ffl on consignment sale, and it does not sell you are supposed to have it transfered back to you via a 4473.
     
  7. trapshootin hippie

    trapshootin hippie Well-Known Member

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    221, one might say that the firearm was sent for a sale under certain conditions. If those conditions weren't met, the sale was off. As long as the buyer never transferes it to his name, what is wrong with the FFL sending it back to the shipper?

    Not trying to start a squabble, just can't see the difference.

    GneJ
     
  8. 221

    221 Banned User Banned TS Supporters

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    hippie,

    Look at it this way, why would you accept a firearm back in the mail, that has been out of your possession for possibly 2 weeks. I don't know about you but I'd never get in that position. These laws may seem stupid but there are a lot of shady dealings when it comes to guns. I don't like doing it any more than the next guy, but, I will not buy or sell any firearm without the sale being documented.....period. Once it left my hands it would have to be documented that it was returned to me properly and the only way to do that is with a 4473.....It sucks....but gettin your tit in a ringer does too.
     
  9. Bushmaster1313

    Bushmaster1313 Well-Known Member

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    Look at it this way, why would you accept a firearm back in the mail, that has been out of your possession for possibly 2 weeks. I don't know about you but I'd never get in that position. These laws may seem stupid but there are a lot of shady dealings when it comes to guns. I don't like doing it any more than the next guy, but, I will not buy or sell any firearm without the sale being documented.....period. Once it left my hands it would have to be documented that it was returned to me properly and the only way to do that is with a 4473.....It sucks....but gettin your tit in a ringer does too.

    It's okay to get a long gun back in the mail if you send it to an FFL for modification or repair.
     
  10. 221

    221 Banned User Banned TS Supporters

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    <EM>It's okay to get a long gun back in the mail if you send it to an FFL for modification or repair.</EM>

    We are discussing sending a firearm to people unknown for the purpose of a sale......NOT to Remington for repair.

    You guys that think, just because you got a photo copy of a FFL that your transaction or the return of your gun is absolute.......YOUR NUTS.

    Always CYA.
     
  11. Shooting Coach

    Shooting Coach Well-Known Member

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    Licensees are in a "gotcha" situation with the ATF. If you do something that is not kosher, and it comes up in an audit, at the least, you get a letter, or you may have to go to "FFL School". At the worst, you can lose your license. If there is a suspicion of criminal intent, one can be arrested and prosecuted.

    I have seen several dealers in the Middle Tenn area get revoked. Right now, a shop to the west of us is undergoing an audit with an estimated 100+ guns missing and unaccounted for. The licensee did NOT do routine inventories. Regardless of who allowed the guns out, or who took them, it is the responsibility of the licensee to control possession and transfer of firearms.

    Any person-to-person transfer over a state line is a Federal Felony. I know that it happens, but God help you if you get caught.
     
  12. RemT

    RemT TS Member

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    If I was buying a gun from someone out of state. I would want a 3 day inspection just to see if the gun fits me or is like the sellers description of the gun. I would gladly pay the shipping and ins both ways and the ffl fee's.
     
  13. trapman69

    trapman69 Member

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    Thanks for all the good information. I asked because I wanted to C.M.A. I thought I new the answer but thinking and knowing are two different things.
    Reyper was correct don't want to get myself in a situation where I have to get my ffl to take gun back in and transfer back to me.
    Thanks again Tom R
     
  14. Leo

    Leo Well-Known Member

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    No FFL is going to risk a prison sentance for transfering a firearm off his book to a person who he cannot see, fill out a 4473, inspect his ID and be able to call in a NICS. Once he received it, the gun becomes his responsiblity.
     
  15. EuroJoe

    EuroJoe TS Supporters TS Supporters

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    you have to fill out the form to get your own gun back from the dealer who had it on a consignment basis.
     
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