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March 18th, 2013, 01:58 PM #1
Who pays the transfer fee? Your thoughts
Here are my feelings on when the buyer or seller should pay transfer fees. I'd like to hear what the rest of you think.
1. Buyer pays: Any handgun purchase as it it a requirement for the buyer to own the firearm.
2. No one pays: Long gun private sales (ideally)
3 Seller pays: Any long gun purchase where the seller wants a transfer done but the buyer can produce DL, LTC, and signs a bill of sale. It is not requred by law, and the seller wants it for their own piece of mind, so they should pay. IMO
4. Buyer pays: Any long gun purchase where the seller ask for a transfer to be done and buyer cannot provide satisfactory documentation as mentioned above. I understand the seller's caution and concern.
I'm sure there are a ton of variables that I am not thinking of. I'm just trying to figure out what is fair. I would like others to weigh in so I can get different points of view.
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March 18th, 2013, 02:05 PM #2
Re: Who pays the transfer fee? Your thoughts
I agree with your logic. That's as straight-forwardly fair as it can be. That seems to be the way the etiquette is usually; however, it's between the seller and buyer to work out the details.
Al"In a controversy, the instant we feel anger we have already ceased striving for the truth and have begun striving for ourselves." - Siddhartha Gautama
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March 18th, 2013, 02:46 PM #3
Re: Who pays the transfer fee? Your thoughts
Buyer wants gun, buyer pays transfer.
I'm sure as hell not going to sell you my car and pay your D.O.T. fees.
Your guidlines are pretty spot on but I'm still gonna follow GL's advice and do my part to keep me safe.
I've had friends who been visited by the ATF, went to court, blah blah blah, after a private long gun transfer. The the buyer who wasn't prohibited at the time but then took said gun and did something illegal with it. I don't need the guys who wear suits and sunglasses at night bothering me.www.Steelvalleycasting.com is your new home for coated bullets and custom ammo.
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March 18th, 2013, 03:11 PM #4
Re: Who pays the transfer fee? Your thoughts
Buyer always pays.
"No, it's just a machine. I'm the weapon." - Jack Harper in Oblivion
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March 18th, 2013, 03:40 PM #5
Re: Who pays the transfer fee? Your thoughts
On a related note, I personally think that the taxpayers should pay for these fees. They aren't for the benefit of the buyer or seller, they are (in theory) to protect society at large.
You should have to pay the fire department for putting out your house fire, because that benefits you. And you can buy insurance to pay for it.
You don't have to pay the cost of the FBI bugging your phones, because you get no benefit from that. That's part of their war on crime, or whatever.
The PICS and NICS checks are more like the wiretaps than like the fire department. It's not being done for your benefit, so you shouldn't bear the cost just because you want to exercise your rights.
All that being said, the question of who pays the cost under the laws we live under, should be part of the negotiation for the gun . Where you meet, who pays, what happens if the seller springs for the fee but the buyer fails PICS, do any mags or ammo come with the gun, etc.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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March 18th, 2013, 03:45 PM #6
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Re: Who pays the transfer fee? Your thoughts
Buyer pays : Handguns or the optional for a LongGun if they want to.
Seller pays: Optional for LongGun if they want to.
I think any LongGun sale should have a bill of sale at the very least.
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March 18th, 2013, 03:56 PM #7
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Re: Who pays the transfer fee? Your thoughts
extracuricular logic asside, logic dictates that the buyer pays, unless the determined price of sale is less than the fee, then the seller pays.
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March 18th, 2013, 06:21 PM #8
Re: Who pays the transfer fee? Your thoughts
If you want the long gun to go thru a FFL, just figure it in your price. No bickering, no hassels.
I love the smell of gunpowder in the morning.[
R.I.P......Murphy.
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March 18th, 2013, 06:28 PM #9
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Re: Who pays the transfer fee? Your thoughts
Being required by law to transfer a handgun is ridiculous, but unfortunately it's the law. My thoughts are:
-Handgun: Buyer typically pays fee. I have been the seller and taken care of the fee completely or have split it, but usually it's understood that the buyer takes care of it unless worked out beforehand. I disclose my terms in the ad so that there is no ambiguity.
-Long-gun: In my opinion, it SHOULD be a private exchange. If the seller is uneasy and requires a transfer, they should pay for it, as it is unnecessary, not required by law, and purely for the seller's peace of mind. I'm not particularly fond of Bills of Sale either as I value my privacy, but I usually agree to them as long as they are not sprung on me at the last second, which is incredibly rude (and yes, that's unfortunately happened before). Seems to me that a Bill of Sale is opening yourself up to a knock on the door...if someone's home is broken into, chances are they're going to think long and hard about who they've done business with recently that knows both their address and that they have firearms. Just something to consider.
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March 18th, 2013, 06:31 PM #10
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Re: Who pays the transfer fee? Your thoughts
That's a fair point, although I still think the seller should pay for it, as at the very least it is an unnecessary inconvenience for the buyer. Seems to me that requiring a transfer would hinder the sale considerably---then again, maybe I'm the only one who passes on the ads that require a long gun transfer.
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