What's the process for selling a handgun to out of state gun store?

[jamesbod 0]

Hi, I like to sell a handgun to an out of state gun store. It's got FFL status of course.

What's the paperwork involved?

 

I may also send it to them on consignment.

Are there any legal issues for them to hold the handgun for the duration?

If the store sells it, can the buyer return it? After all, I can't take it back without a P2P?

 

Thanks

[aguilar64 9]

Once you send a gun to an FFL out of state it legally becomes theirs since it has to be logged in their books when they sign for them, what that means in order for you to get it back you'll need a P2P.I might be wrong but I believe that's the law.

[kman 56]

When you sell it to a dealer they give you a receipt with serial number and gun info on it and they log it into their bound book, documenting that it is in their inventory, so dont sell unless you are sure you dont want it back. A F Boyer hardware in PA is great for selling guns you dont want. Immediate cash and they pay good prices without haggling, their buy offers have always been fair. Once I bought a gun privately on the forum, didn't like it, and got what I paid for it at A F Boyer. This is an old fashioned hardware store that time forgot.

 

Sent from my DROID2 GLOBAL using Tapatalk 2

 

 

[kotkot 26]

When I sell handgun out of state, I have my ffl dealer ship it to theirs ffl dealer. Extra $20 but I sleep better.

[NorthJersey 1]

Along a similar vein, I just pulled my AUG off the market because I was unsure about the ATF and "sales for profit." I was under the impression that if a firearm is sold through an FFL, then I wouldn't be considered an "unlicensed dealer," even if I'm reselling for profit a weapon that I purchased recently. I thought FFL dealers existed precisely to provide that sort of service. I recently heard otherwise from some "online experts." I obviously don't believe everything I read, but I'm not going to take any risks until I get a conclusive affirmation that I can use FFLs to broker deals for me. Any input?

[Njgunowner 2]

Sales for profit specifically refers to someone who is trying to sale firearms as a business, or even as a side business. If you are going out and buying firearms with the specific purpose of reselling them for profit you would be in violation of the law. If you are simply reselling a firearm you bought for your own use and are just taking advantage of the current price increases, that would fine.

[NorthJersey 1]

Sales for profit specifically refers to someone who is trying to sale firearms as a business, or even as a side business. If you are going out and buying firearms with the specific purpose of reselling them for profit you would be in violation of the law. If you are simply reselling a firearm you bought for your own use and are just taking advantage of the current price increases, that would fine.

 

So, intent aside, the fact that the purchase would go straight from an FFL to an FFL would not "sanctify" the arrangement? I mean, isn't that the purpose of an FFL? I thought the prohibition on sales for profit was to address people purchasing weapons from an FFL, then selling through a face-to-face private party transfer.

[Njgunowner 2]

Negative, if you are buying and then reselling guns as means of creating money/aka profit for yourself you NEED a FFL license. Probably has more to do with taxation and accountability than anything. You sell 5 guns a year, no one is going to pay attention. You sell 50, you'll probably get a visit from the ATF unless you can convince them you were just disposing of a private collection you've owned for a few years and no longer wanted.

 

You CANNOT be in the business of selling firearms without a FFL period. If you are buying guns and reselling them to make money, you ARE in the business of selling firearms.

[NorthJersey 1]

Negative, if you are buying and then reselling guns as means of creating money/aka profit for yourself you NEED a FFL license. Probably has more to do with taxation and accountability than anything. You sell 5 guns a year, no one is going to pay attention. You sell 50, you'll probably get a visit from the ATF unless you can convince them you were just disposing of a private collection you've owned for a few years and no longer wanted.

 

You CANNOT be in the business of selling firearms without a FFL period. If you are buying guns and reselling them to make money, you ARE in the business of selling firearms.

 

So the key is, sell my stuff at a loss. For the record, the wife will be really unhappy if I don't sell my AUG (hear that, ATF?). $600 purchases here and there are probably below the wife radar, but a $3000 plus gun gets her attention.

 

Sometimes you get a little overzealous and buy too much ("Wow, that's a good deal!"). Granted, my feelings won't be terribly hurt if I don't sell it because I think it's a pretty cool rifle. My main concern was that the ATF would come banging on my door about the quick turnaround on the sale. You would think they'd enough "legitimate" cases with the buying right now to keep them busy. I'm just paranoid about a witch hunt, particularly when I'm trying to get my own FFL.

 

So, based on what you're saying, I'm probably OK selling a couple of recent acquisitions?

[Njgunowner 2]

You don't have to sell anything at a loss. But if you are buying a gun with the intention of turning it around in a quick sell, you're technically pushing your luck.

 

NO ONE, ATF included, is going to care that you bought and sold a few rifles. They aren't going to care if you made $10,000 in profit (though the Tax collectors might). You can't be SEEN as being the business of selling firearms. Lots of people buy a gun, decide they don't like it or want something else, and sell it 2 weeks later. It happens, the ATF knows it. just keep it reasonable. If the ATF finds your name in a FFL's log book 50 times, he's probably going to wonder what's going on.

 

Most guys who get nailed, are buying and selling at gun shows. The ATF usually has an agent or two roaming these things, and if they notice the same guy keeps buying a table and shows up with new guns to sell show after show, they're probably going to start asking questions. Also if you keep showing up 3 times a week for a few months to ship out guns from your FFL, he might notify someone.

 

Long story short, don't be too paranoid. NO ONE cares about 2 or 3 guns, heck they probably wouldn't notice 20 a year. Just don't get in the habit of buying a gun with the idea of turning it around for a quick sell. It could get habit forming

[NorthJersey 1]

You don't have to sell anything at a loss. But if you are buying a gun with the intention of turning it around in a quick sell, you're technically pushing your luck.

 

NO ONE, ATF included, is going to care that you bought and sold a few rifles. They aren't going to care if you made $10,000 in profit (though the Tax collectors might). You can't be SEEN as being the business of selling firearms. Lots of people buy a gun, decide they don't like it or want something else, and sell it 2 weeks later. It happens, the ATF knows it. just keep it reasonable. If the ATF finds your name in a FFL's log book 50 times, he's probably going to wonder what's going on.

 

Most guys who get nailed, are buying and selling at gun shows. The ATF usually has an agent or two roaming these things, and if they notice the same guy keeps buying a table and shows up with new guns to sell show after show, they're probably going to start asking questions. Also if you keep showing up 3 times a week for a few months to ship out guns from your FFL, he might notify someone.

 

Long story short, don't be too paranoid. NO ONE cares about 2 or 3 guns, heck they probably wouldn't notice 20 a year. Just don't get in the habit of buying a gun with the idea of turning it around for a quick sell. It could get habit forming

 

Cool, I guess I'm ready to put my AUG back on the market. Shoot, I may accept an ammo trade for it. My concern was delaying the FFL application while I'm paying rent for our location. I work for the government, so I guess I should realize the ATF doesn't work THAT hard. At the same time, I've had to deal with some really unreasonable operators within the federal government.