Store took possession of handgun while trying to do a transfer

[hgravelle]

A friend told me they were trying to transfer a gun to one of their buddies when store took possession of handgun while trying to do the transfer. Wouldn't give the gun back to him. I wasn't there so I don't know the full details but I guess they said something about doing "determination" that could take anywhere from 1 hour to 15 days. They were also having trouble telling if a number was a 0 or an 8. That might be a factor. The friend wanted me to look up why they would do that but I couldn't find anything online so figured I would post here to see if anyone here knows.

They also want to charge him(the owner) a $30 transfer fee to get his own gun back if the other guy can't get it.

He said he purchased it new from a local hunting & fishing store not too long ago.

[Thursday]

Because that doesn't sound shady at all.

[Philbert]

You can't transfer a firearm to your buddy at an FFL. You transfer the firearm to the FFL, at which point it becomes part of his inventory. Then he can transfer it to your buddy - but he has to perform the background checks just as he would when transferring any other firearm in the store.

If the buddy gets put into research by PICS, then the FFL has to wait for that to come back with an approval. If the buddy is finally denied, then the FFL has to do a background check to transfer the firearm to the previous owner - just as he would to transfer any other part of his stock to the previous owner.

In general, FFLs need to run checks in order to transfer firearms to non FFLs. There are certain exceptions, like if you give your firearm to an FFL for repair and it is returned to you (but not to your buddy).

As to why the buddy went into research, there can be multiple reasons. There's a bunch of threads on that topic. Generally it means the PICS people weren't sure about something and need time to figure it out. If his record is clean and he's not been misidentified somehow, it should come back with an approval.

[knight0334]

Been discussed before...

You truly do not transfer a handgun directly to the other person. You transfer it to the FFL, and he transfers it to the buyer. If the buyer fails the background check, or if the buyer backs out after you transferred it to the FFL - you must also go through a background check to get the gun back.

[God's Country]

I'm not up on all the FFL stuff so take it FWIW.

IIRC when a transfer takes place between a ffl and two private parties the ffl becomes the seller, and technically becomes the owner as well. I believe the gun goes on the books as the ffl's gun, the same as if it were for sale at the shop. Once the gun is in their possession it's their gun and I could see how it may need to be transferred back to the original owner if the sale goes south once the sale is initiated. I would think a good dealer would explain the in's and out's/pitfalls of this type of transfer prior to the deal.

Someone will be along to correct me.

[hgravelle]

Thanks. Makes sense. I let him know. He's not a fan of paying the extra money for it to be transferred back if the other guy can't get it but what can you do. They will find out when they call him, which is what I said. I told him he'll probably see it in their display case the next day lol.

[Pkspawn]

That sounds about right.

When you do a transfer, I believe the store logs the firearm into their books, does the check, then transfer it from their books to the new buyer/transferee.

If there is a problem, they will hold the firearm until the issue is resolved. Or they can transfer it back to the original person. But they must pass a background check.

It has happened where 2 people come into a shop to transfer a firearm and find out both are prohibited. The store can't return the firearm to a prohibited person. that is where some other fun things can happen.

[Bang]

Place a handgun for sale on consignment in the display case of an establishment manned by an FFL. After a period of time, for whatever reason, if you want to remove the gun from consignment you must pass PICS before receiving it, at a local establishment near here. So, I guess if the FFL becomes the actual possessor, "consignment" is a fallacy or misnomer.

[God's Country]

Place a handgun for sale on consignment in the display case of an establishment manned by an FFL. After a period of time, for whatever reason, if you want to remove the gun from consignment you must pass PICS before receiving it, at a local establishment near here. So, I guess if the FFL becomes the actual possessor, "consignment" is a fallacy or misnomer.

Yup, and there have been situations where the ffl went belly up and the "owner" had a lot of trouble getting their gun back...if at all.

I would never put a gun on consignment.

[TaePo]

I would also write-up a contract that clearly states that the buyer is responsible for his PICs fee, pass or fail. Further, should he fail, he is also responsible to pay the PICs fee to have it returned to you (the seller).

The buyer should make sure he will pass and guarantee it. Most people don't know the buyer so this would be the smart thing to do.