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Dealer won't transfer for liability reasons?
- Thread starter milktree
- Start date
I see what you mean, and if it was more of a nuisance I'd look for another FFL pretty quick. This isn't a case of blind loyalty.
But generally, the seller automatically uses an FFL to ship, so it's a non-issue. Otherwise I ask, and the seller just does it.
This is the first time I've heard of an FFL being not willing to ship.
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- Nov 5, 2010
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I agree with you, but recently encountered this with a local dealer that I do business with. I asked about them taking in a pre-ban AR lower for me, and they told me flat out that they were only comfortable doing transfers with a complete paper trail from FFL to FFL. I didn't like their answer because I like dealing with them, but it is their business, and they can conduct it with whatever level of risk they are comfortable with. I did end up finding another dealer just down the street that would accept from a private person, so I'll just go through him when another deal like that comes along.
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
... I was... as far as I understand from the rats nest that we are exposed to is that the "approved list" from the AG only matters for new firearms from a dealer... private party is outside of the AG's list unless it's something restricted by the AWB that I thought was still in effect here...
Now I'm all confused.
You're right, with the caveat that "private party" means "a resident of the same state, in a face-to-face transaction." But this is coming from out of state, so the "seller" is legally the FFL, *not* the person I gave money to.
From the state's perspective, I'll be getting the gun from a licensed dealer. The fact that I arranged with the current owner to "sell" (transfer) it to the dealer and that I paid the seller directly, is irrelevant.
That's something I would have stumbled on and screwed myself over because of. I had thought private party meant private party, regardless of the use of the FFL to transfer. Damn.
Stop caring about handgun compliance, it's not your problem, it's 100% the dealer's problem, if any. It makes it a lot easier to understand. Besides, the compliance BS here is some kind of a distracting canard, not the actual problem.
-Mike
Before 1968, you'd have been right. But the Gun Control Act of 1968 changed all that. In 1967 you could just send a handgun to anyone in another state directly, through the mail. But now all interstate sales have to go through an FFL. In the case of long guns, it can be an FFL in either the buyer's or seller's state, but for handguns, the buyer *must* get it from an FFL in the same state.
There are some rules about FFLs selling long guns to residents of other states that limit them to residents of adjacent states, but I'm not sure if those are state laws or federal laws. And then there's MA, where FFLs can't even sell ammo to out of sate folks.
As others have said, any transfers effected by, or through, a MA FFL are subject to the compliance BS.
Actually, it can be a FFL in any State, regardless of residence.
Those are State laws.
er.... what? Are you including the option of a NH FFL selling to a MA resident at a PA gun show?
That's the only example of an FFL selling to someone and it *not* being in the seller's state.
Nope. Let's say you buy a long gun on GB. You said you live in MA but work in NH. You can have the it shipped to a NH FFL and do the transfer there on your lunch break. Neither you nor the seller (presumably) live in NH.
Or maybe you as a MA resident go to a MRGC NES shoot, and meet a member from RI. He likes your shotgun and you agree to sell it to him. You can both take a ride to the nearest NH FFL and do the transfer.
Out of state dealers are so concern about the Ma gun laws that they would rather not have any dealings with Ma residents. This past November while hunting in Maine a friend and I tried to buy Mosin Nagant rifles and as soon as we told him that we were Ma residents he stated he does not sell to Ma residents because of the gun laws.
Try something different . . .
Do NOT use the term "seller" and "buyer". Instead use the term "TRANSFER" whenever an FFL is involved. As far as Fed Law/BATFE Regs go, it is NOT a matter of sales/money changing hands, but a matter of TRANSFERS and that is when the FFL MUST abide by Fed Law AND the laws of the state where the transfer takes place (which for handguns MUST be the state the new owner lives in).
