stuckinNJ

Did the ban on private sales go into effect? What's the protocol now? What are gun shops charging? Does buyer or seller pay or is the fee split?

177 posts in this topic

 
Yes/no... Federally, it is handled as any other FFL transfer. Signed out of the seller’s book, signed into the FFL-03’s book. However, it is the selling FFL’s decision on handling as such or requiring a NICS/declining the sale. If they say no, it is not like I could wave my license (well, copy of license), and force them to do it.
 
Yes... but again, seller’s discretion. But you can buy from a non-licensee, as well. Just need to put DL number in the book. If a FFL-03 sells a handgun outside of state, must go to an FFL, and not to a non-licensee.
 
In regards to coming back to NJ, make sure the gun/magazines are legal, and follow the transportation laws.


However FFL03 can sell c&r handgun to another FFL03 out of state correct?


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However FFL03 can sell c&r handgun to another FFL03 out of state correct?

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Yep... tried to make it clear by just saying to a FFL, and not a non-licensee.

In less restrictive states, a FFL-03 can sell a handgun to a non-licensee within the same state they reside in. You have to give some ATF flyer about kids and handguns (can order from them), and if they buy multiple handguns within a week, send in a report.

But as a collector, buying/selling a lot is kind of questionable.

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17 hours ago, remixer said:

 


Just spoke to Atf. My original statement was correct.
Buyer/seller arrive
Gun gets checked In to book
4473 then nics
Buyer approved leaves with gun

Thanks

 

Thanx for helping to explain this mess. Bonus points to NJ for dbl dicking us.

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Yep... tried to make it clear by just saying to a FFL, and not a non-licensee.

In less restrictive states, a FFL-03 can sell a handgun to a non-licensee within the same state they reside in. You have to give some ATF flyer about kids and handguns (can order from them), and if they buy multiple handguns within a week, send in a report.

But as a collector, buying/selling a lot is kind of questionable.
Where does it state you can't buy from a non licensee in another state?

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3 minutes ago, siderman said:

Thanx for helping to explain this mess. Bonus points to NJ for dbl dicking us.

I will try and reach out again to the NJSP to see if they have any specific rules.. I know there is a new COE form which asks for Nics number

 

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Never said it did... a FFL-03 cannot sell to a non-licensee from another state.
My bad. I misread. That I knew. Basically FFL03 can buy from anyone and sell to any other FFL license.


FFL03 is however restricted from shipping handguns via USPS. The other two there are certain rules to follow as well.

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Just now, capt14k said:

My bad. I misread. That I knew. Basically FFL03 can buy from anyone and sell to any other FFL license.


FFL03 is however restricted from shipping handguns via USPS. The other two there are certain rules to follow as well.

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Capt is this the same convo you had in my shop with the guy.... WHen he said you cannot sell to anyone as an 03?

 

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FFL03 is however restricted from shipping handguns via USPS. The other two there are certain rules to follow as well.

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The USPS regulations specifically state FFL dealer, manufacturer, or importer... nothing about collectors.

Most people view it as a no go for shipping handguns, which I agree.

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Capt is this the same convo you had in my shop with the guy.... WHen he said you cannot sell to anyone as an 03?
 
You can not sell as a business for profit. You can sell to improve your collection or disposition of your collection.

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The USPS regulations specifically state FFL dealer, manufacturer, or importer... nothing about collectors.

 

Most people view it as a no go for shipping handguns, which I agree.

Correct. FedEx also has restrictions as well. They may not enforce them until it is time to file an insurance claim.

 

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To private people or other dealers.

Only other licensees. Basically anyone with any type of FFL. No sales to unlicensed individuals.

 

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c3e21215ab51b6a3f4aa9bc050e14801.png

 

On the ATF C&R page...

 

Specifically about sending a firearm for ATF examination... but wouldn’t say it if you could otherwise. In case anyone is looking at this in the future with questions.

 

That is purely for examination like you stated. For determining eligibility.

 

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Ok I’m in the early states of facilitating a handgun sale (selling my VP9 Tactical) to another NJer. Once he gets his permits, we’ll prob determine an FFL to meet at and see how it goes. I guess I’ll update as it goes along.

Although I told him that if I get other offers in the meantime from someone already with a permit, I’ll have to pursue that.

So much can happen while we wait all those weeks for a PTP. Super frustrating.

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For stuff like that, I never would tie someone up like that. Back when I got my S&W 1006, I purchased it from the seller, and it sat at SS until the permits came back.

I also had one of the moderators on BerettaForum, who I consider a friend, that I purchased two handguns from (Beretta PX4 and SIG P228). He lives outside of Orlando. I paid, and he held the pistols until the permits came back.

Is that a normal situation? No (someone I actually trust), but kind of a hard situation to deal with if you are waiting on permits. Usually better to not look until you waited a month after submitting.

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3 minutes ago, Screwball said:

For stuff like that, I never would tie someone up like that. Back when I got my S&W 1006, I purchased it from the seller, and it sat at SS until the permits came back.

I also had one of the moderators on BerettaForum, who I consider a friend, that I purchased two handguns from (Beretta PX4 and SIG P228). He lives outside of Orlando. I paid, and he held the pistols until the permits came back.

Is that a normal situation? No (someone I actually trust), but kind of a hard situation to deal with if you are waiting on permits. Usually better to not look until you waited a month after submitting.

Well the buyer was upfront immediately about submitting his app for PTPs that day. I didn’t exactly seek him out. I mentioned to my FFL that I was thinking of selling my VP9 Tactical and that day he referred me to this guy who was in the market for one. Just good timing.

But he understands that if I have a buyer with a permit sooner, I’ll sell to that person.

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Well the buyer was upfront immediately about submitting his app for PTPs that day. I didn’t exactly seek him out. I mentioned to my FFL that I was thinking of selling my VP9 Tactical and that day he referred me to this guy who was in the market for one. Just good timing.
But he understands that if I have a buyer with a permit sooner, I’ll sell to that person.


What’s between you and him is just that... between you and him.

Just my own position on the subject, if I was a potential buyer. Wouldn’t want him or you to feel like you are doing something wrong... it’s just how NJ set the laws up.

Either way, I just got the call that I’m going to FLETC end of November. Couldn’t even go for a pistol permit if I tried.

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On 10/10/2018 at 2:12 PM, stuckinNJ said:

So if the gun in a FTF isn’t going into the books of the dealer, doesn’t that mean that they’re simply running a NICS? Meaning they should only be charging the $15 for it, and not a transfer fee since it’s not a transfer?

 

Edit: it seems based on that guidance posted by @PK90 that it does, in fact, enter the FFLs books, so I assume it’s considered an actual transfer. Damn.

 Yes you are correct, It is a transfer since they have facilitate the filling out of the 4473 and run a NICS check. I would assume that most FFLS will also take it into their bound book since the ATF likes to match up 4473’s to the dealer’s bound book when they do an inspection. I cant imagine them just filling out a COE? Not to mention that NICS may not respond in a timely manner. 

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On 10/12/2018 at 8:00 AM, remixer said:

I will try and reach out again to the NJSP to see if they have any specific rules.. I know there is a new COE form which asks for Nics number

Good luck finding one who isn't a brain dead flunky.

On 10/12/2018 at 8:00 AM, remixer said:

 

 

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