Private handgun sale buyer's record...

**kx90** · July 25th, 2010, 11:56 AM

If I were to sell a pistol to someone that as far as I could tell has a clean record, but then they fail the background check would I, the seller, be subject to penalty of any kind?

As far as I can remember it would be the potential buyer that would be subject to penalty only if he actually lied on the form, right?

**tl_3237** · July 25th, 2010, 12:10 PM

Originally Posted by kx90

If I were to sell a pistol to someone that as far as I could tell has a clean record, but then they fail the background check would I, the seller, be subject to penalty of any kind?

As far as I can remember it would be the potential buyer that would be subject to penalty only if he actually lied on the form, right?

Presuming that you entered into a contract to sell and then, as required, elicited the services of an FFL to perform the physical transfer.

If so you would bear no legal liability for whatever reasons the check fails. You technically have not consummated the sale because you should not have transferred possession at that time. IF you relinquished possession to the 'buyer' prior to successful FFL transfer then you may well have a problem.

If a falsehood was made on the paperwork (4473 or Sp4-113) then you are also under no legal risk unless you were complicit in the attempted ruse.

**Xringshooter** · July 25th, 2010, 08:24 PM

Originally Posted by tl_3237

IF you relinquished possession to the 'buyer' prior to successful FFL transfer then you may well have a problem.

Correct. If you are doing it correctly (legally), the seller relinquishes the handgun to the FFL, not the buyer. The buyer then goes through the background check. If he passes the handgun goes to the buyer. If he fails, it goes back to the seller, BUT, only after the original owner passes the background check (this is similar to when a person give his guns to a FFL to sell for him [consignment] or when someone pawns a gun).

From the BATFE:
Must a dealer record firearms received on consignment?

Yes. Firearms received for sale on consignment must be entered in the dealer’s “bound book.”

Sales of the firearms are handled in the same manner as other firearm sales. Return of the remaining firearms by the licensee to the consignor is entered in the dealer’s disposition record. An ATF Form 4473 and a NICS check must be completed.

According to the PSP Firearms Unit, the reasoning is that the FFL does not know if the original seller is a prohibited person or not.