Selling a handgun to an individual with FFL

[glass3222]

What is the process to sell to an individual that has their FFL?

Here is the background for the reason I am asking:

I am selling one of my handguns to fund another firearms project

Anyway, I got a call from someone interested today. He said he is interested and wants to see it soon and will pay my asking price if it is as described. We are working on a convenient meeting place somewhere bewteen where we each live, about 2 hours drive apart. The only time that seems to fit is Sunday. I said that we will need to find a shop open on Sunday since handgun transfers have to go through a FFL. He tells me this is not needed because he has his FFL.

How can I verify this and what is the process for selling to an individual with the FFL. I have never sold to a person with their FFL before, I have always sold to individuals and we met at a gun store to do the transfer. I just do not want to do something illegal and make this a legitimate deal.

Please advise. Thank you.

[Pilot321]

Ask for his copy of his FFL and make sure it is current.

[glass3222]

Ask for his copy of his FFL and make sure it is current.

Do I need to get a copy of anything? Is it the FFL just a card that I need to look at, I have never looked at one? I apologize for the dumb questions

[HiredGoon]

Can check here:
https://www.atfonline.gov/fflezcheck/

And make sure his FFL is not just a Curios and Relics license, unless that is what you are selling him.

[glass3222]

Can check here:
https://www.atfonline.gov/fflezcheck/

And make sure his FFL is not just a Curios and Relics license, unless that is what you are selling him.

Thanks for the link. I am selling a Ruger SBH so I don't think that will qualify as those.

[Tmygun]

Thanks for the link. I am selling a Ruger SBH so I don't think that will qualify as those.

A C&R only applies if the gun is declared a C&R by the BATF or if it's at least 50 years old.

[wellcraft]

Ask the buyer to provide you the license number on his FFL before you meet with him and then check to see if the license is valid. The FFL is not a card like a DL but is large enough to be printed on a 8.5x11 piece of paper. Visit a local shop near you, explain you concerns and ask if they will let you see a copy of their licens. If the buyer is a legit FFL he should provide you a copy of his FFL at the time of sale. If the FFL is home based I think the premises address on the FFL should match his DL.

[marketermac]

It is my understanding that an FFL may only conduct business at their place of business, or at a gunshow. They cannot "meet" somewhere else and conduct business, unless they are a C&R:

§ 478.50 Locations covered by license.
The license covers the class of business
or the activity specified in the license
at the address specified therein. A separate
license must be obtained for each
location at which a firearms or ammunition
business or activity requiring a license
under this part is conducted except:

(a) No license is required to cover a
separate warehouse used by the licensee
solely for storage of firearms or ammunition
if the records required by this part are
maintained at the licensed premises
served by such warehouse;

(b) A licensed collector may acquire
curios and relics at any location, and dispose
of curios or relics to any licensee or
to other persons who are residents of the
State where the collector's license is held
and the disposition is made;

(c) A licensee may conduct business at
a gun show pursuant to the provisions of
§ 478.100; or

(d) A licensed importer, manufacturer,
or dealer may engage in the business of
dealing in curio or relic firearms with another
licensee at any location pursuant to
the provisions of § 478.100.

[knight0334]

It is my understanding that an FFL may only conduct business at their place of business, or at a gunshow. They cannot "meet" somewhere else and conduct business, unless they are a C&R:

A FFL can acquire firearms anywhere, including in other states.

They can only transfer from their books at their brick & mortar or at a gun show.

[Xringshooter]

Knight 0334 has written what is correct. However, just to toss in a little wrinkle, since it is a Super Blackhawk, they were made starting in 1959 so a SBH made before August (to be safe) 1966 can be classed as a C&R gun and could be sold to a C&R (FFL03 licensee).

Everything else people said about checking the FFL is correct also, if he is an FFL, then he should have no problem either giving you his number so you can check it on the ATF web site, or emailing you a copy for you to check or showing it to you when you do the sale. As for the showing of the DL to verify his address, the FFL is where his business is which may or may not be the same place as his address on the DL. Even the name on the DL may not match what is on the FFL if he has a business.

If the FFL has a signature on it, you can compare it to the guys DL. If the signature does not match, ask why he is using a FFL signed by someone else and be very leery of any answers he gives. An employee of an FFL has no right to buy something with the business FFL unless they have been authorized as a responsible person for the FFL. Myself, in this scenario, I would walk away.

That said, even if the guy is a complete fraud, and the FFL checks out ok (might be an illegal copy) in the eyes of the law you would have done your due diligence to trying to assure the buyer is not a prohibited person.

Personally, I have done this (I'm an 01 FFL) and I was in Kansas at the time. Ran into a good deal, met the guy at a Tangier Outlets, give him the money and a copy of my license, and he gave me the gun. I also got a bill of sale done and signed by him (for my FFL records).