PDA

View Full Version : state transfer issues



Bigcube
05-18-2010, 07:31 PM
Need to vent :( I just purchased a used handgun from gun broker. The seller was not a FFL and said in the past he would provide a copy of his driver license and pistol permit and ship them him self. My dealer will only accept transfers into the state from a FFL dealer. I called 2 other dealers and they will only take them in from an FFL. The seller checked with 2 dealers and they will not ship to the peoples republic of NY. I was told from one dealer it is his policy to only take them in from a FFL, another dealer it's a NY thing, only from FFL when out of state, 3rd dealer it's a federal law. I have questioned people and it seems it's fairly common for an individual to send to a FFL when transferring out of state. I wish it was consistent from state to state.... this is irritating :(

Bawanna
05-18-2010, 07:48 PM
Need to vent :( I just purchased a used handgun from gun broker. The seller was not a FFL and said in the past he would provide a copy of his driver license and pistol permit and ship them him self. My dealer will only accept transfers into the state from a FFL dealer. I called 2 other dealers and they will only take them in from an FFL. The seller checked with 2 dealers and they will not ship to the peoples republic of NY. I was told from one dealer it is his policy to only take them in from a FFL, another dealer it's a NY thing, only from FFL when out of state, 3rd dealer it's a federal law. I have questioned people and it seems it's fairly common for an individual to send to a FFL when transferring out of state. I wish it was consistent from state to state.... this is irritating :(

It truely is frustrating beyond belief. Your best bet is to have the seller take it to a FFL and pay the transfer fee and have him send it to your FFL. It seems in all states, some FFL's will accept from private parties, other won't.
Even shipping stuff FFL's and LE have different rules for shipping. Private parties can't use the postal service, it has to go overnight UPS or FED Ex priority. LE and FFL's can use the post office to ship or receive.
I'll probably go downstairs for even thinking this but packing well, label fragile fine heavy crystal and wait by your mailbox. (was that a thunder clap I just heard). Hmmm we don't do much thunder here in Washington, I mean ummm Nevada, SE.

Bawanna
05-18-2010, 07:51 PM
It truely is frustrating beyond belief. Your best bet is to have the seller take it to a FFL and pay the transfer fee and have him send it to your FFL. It seems in all states, some FFL's will accept from private parties, other won't.
Even shipping stuff FFL's and LE have different rules for shipping. Private parties can't use the postal service, it has to go overnight UPS or FED Ex priority. LE and FFL's can use the post office to ship or receive.
I'll probably go downstairs for even thinking this but packing well, label fragile fine heavy crystal and wait by your mailbox. (was that a thunder clap I just heard). Hmmm we don't do much thunder here in Washington, I mean ummm Nevada, SE.

Another lesson here and I'm not a professor nor do I claim to even have an IQ much less higher than you but I always get my receiving FFL squared away and on board with all his requirements before I bid or buy stuff on line. That way you can work with the seller hopefully before but even after to make sure things get happening quickly as possible. I am labeled impatient from time to time though, not sure where that comes from. I think it's a misconception really.

Bigcube
05-18-2010, 07:54 PM
That was my suggestion, I would pay extra to cover the FFL fee on his side. 2 dealers he checked with would not ship to NY :mad: The dealer I work with is very helpful, but the last one I purchased online was from a dealer so there was no issue.

Bawanna
05-18-2010, 11:20 PM
That was my suggestion, I would pay extra to cover the FFL fee on his side. 2 dealers he checked with would not ship to NY :mad: The dealer I work with is very helpful, but the last one I purchased online was from a dealer so there was no issue.

So you have dealers who will only accept from dealers on your end and dealers that won't ship to NY on his end. This is enought to give a guy a chaffed backside huh. Perhaps another dealer on your end that will accept from a private party? I didn't realize that NY was on the pain list. I know many dealers won't play California games and I really don't blame them.
There's a solution here, we just need to find it. Is the seller still on the helping side here or getting impatient?

Bigcube
05-19-2010, 03:26 AM
Seller is waiting to hear back from a 3rd dealer. I also sent him a list of dealer from gun broker that are near his zip code. I checked with 3 so far, no dice from an individual. I sent an email to a 4th and still haven't heard back. This should not be this difficult.

ripley16
05-19-2010, 07:34 AM
My dealer will only accept transfers into the state from a FFL dealer.

I ran into this same problem with a local FFL I had never used before and I made the mistake of not clarifying his position on the matter of accepting guns from private sellers. I finally convinced him to "do me a personal favor" by accepting the gun in based on a photo ID and a bill of sale.

My FFL relented on my promise to never do it again. That proved no problem for me as, unbeknownst to him, I vowed to never use him for anything.

Try begging, it worked for me once. Perhaps if the seller can provide enough paperwork and credential, then your FFL will feel his ass is covered by enough paper.

Roadblock
05-19-2010, 10:36 AM
Did you check the list on Gunbroker, the list of FFL's?

One of my local FFL's was the same way, I got a copy of the FFL from the dealer, faxed it to the buy I bought a pistol off myself, then he mailed the gun to my FFL without asking.

Once the gun was there the FFL took it and bitched about it but since it was already there he didn't want to deal with sending it back.

at_liberty
05-19-2010, 11:51 AM
I am not able to find a source for any applicable NY law. I don't believe they can independently impose rules on interstate commerce. What they can do is refuse to register the gun. That may be the CA strategy also.

As near as I can determine, the rule is that your taking possesion in your state of residence is the only legal concern. That should mean that no one should care about the sender, only that there be a receiving FFL that can ensure registration of the firearm (ach!!). I don't understand any guiding principle about believeing the sender must be an FFL. Why would there be a rule that only two licensees can deal through Parcel Post, unless there are allowable exceptions by other means?

I believe the spirit of the law is that ownership of the serial number be tracked. The receiving FFL can do that, so what else is required. Some officious person who doesn't really know jack probably just decided there's a rule, I guess.

I expect that UPS concern for shipping only by overnight is really to just keep their employees from stealing stuff and creating liability headaches for the company. There is probably an insurance company behind it. Those companies quietly run everything. Such shipments are much more closely tracked and require signatures, at least digital, at every pass off.

jocko
05-19-2010, 12:36 PM
Did you check the list on Gunbroker, the list of FFL's?

One of my local FFL's was the same way, I got a copy of the FFL from the dealer, faxed it to the buy I bought a pistol off myself, then he mailed the gun to my FFL without asking.

Once the gun was there the FFL took it and bitched about it but since it was already there he didn't want to deal with sending it back.

I would ever have a gun shipped to a ffl that did not pre approve me getting the gun.

Bigcube
05-19-2010, 05:08 PM
With persistence we got though it. He found a dealer that would send to NY and at about the same time I found a FFL near me that would receive from an individual. With a little luck it will be on it's way by the weekend :)

Bigcube
05-19-2010, 05:31 PM
Another lesson here and I'm not a professor nor do I claim to even have an IQ much less higher than you but I always get my receiving FFL squared away and on board with all his requirements before I bid or buy stuff on line. That way you can work with the seller hopefully before but even after to make sure things get happening quickly as possible. I am labeled impatient from time to time though, not sure where that comes from. I think it's a misconception really.
I sent a question before i bid asking if he was a FFL and telling him I was in NY. I didn't wait for a reply, the buy it now was a very good deal. If I didn't hit, someone else would have :D

Bawanna
05-19-2010, 05:48 PM
I sent a question before i bid asking if he was a FFL and telling him I was in NY. I didn't wait for a reply, the buy it now was a very good deal. If I didn't hit, someone else would have :D

I've been there before myself. So many things to check and confirm and you just know theres 50 other guys reading the same stuff. Gotta read fast and hit the button or its too late.