FFL Handgun Transfer Question

[Hawk]

I was taken back a little when I went to a local gun store to do a private transfer of a pistol (I was buying). Before we started the process the clerk informed us (the seller was present too) of the transfer laws.

I'm questioning parts 2 & 3 below. Is this the correct process in PA for a FTF private transfer at a FFL?

1. If the buyer fails the pics, the buyer is still charged for the transfer (understandable)
2. If the buyer fails the pics and the seller wants the gun back the store will need to transfer the gun back to the seller and also charge the seller for the transfer.
3. If the seller also fails the pics, the store gets to keep the gun.

Thanks in advance!

[tl_3237]

Pretty much correct except for the last part (#3). At the inception of the transaction the FFL has taken possession and 'entered' the firearm into his 'bound book'. He can then only remove it from the 'bound book' by effecting a transfer to a qualified recipient.

If everyone fails the PICS then the FFL retains possession of the firearm but you remain the beneficial owner. You can sell the gun to the FFL, leave it there on consignment, have it transferred to another FFL, produce another qualified buyer.

[knight0334]

As tl_3237 said.

For the FFL to do a transfer of a private deal he must add the gun to his bound book first. The law governing the use of NICS, whether directly or via a POCS system state(like PA), requires that the firearm be part of the FFL's inventory. Once apart of the inventory he is bound by the Gun Control Act of 1968 and it's revisions/updates. That means ANY receiving party, whether it be the intended buyer or the the original owner, have a background check performed. And also lawful ages for transfer is a factor, like being 21yo for handguns or "other firearms", or being at least 18yo for long guns.

There is very little exceptions to how it is described above. A firearm entered for repairs is about the only exception.