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Checklist of questions for buyers/sellers of firearms

Discussion in 'General Firearm Discussion' started by theLEMband, Dec 30, 2009.

  1. theLEMband

    theLEMband Southeast WA Member

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    I'm posting this after reading about the trouble PlayboyPenguin is having with a transaction (http://www.northwestfirearms.com/forum/showthread.php?t=20884).
    I'm hoping to compile a list of questions that buyers/sellers should ask before proceeding with a transfer. I don't have much experience myself, but maybe everyone can chime in and we can save each other from some headaches. If I or someone get real ambitious, it could eventually be worked into a flow chart with paths for buying/selling/gifting, handguns/long guns, ftf, shipping, intrastate, interstate, etc.
    Neither NWFA, nor any contributor to the list, should be held responsible should you use the checklist and anything goes wrong. To be certain, you will need to check with the laws in each jurisdiction to make sure that this information is accurate for that locality, as well as within federal restrictions.
    -The big one that comes up from PP's troubles is: "If shipping to a FFL, do you have written documentation that the receiving FFL will accept firearms from a private individual?"
    -Another that comes to mind: "Do you have any reason to believe the buyer is not legally able to receive or possess the firearm?"
    Others?
     
  2. NoAim

    NoAim Hillsboro, OR Active Member

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    Too many questions.

    "Are you legally able to own a firearm?"

    "Are you a resident of the same state?"
    "If not, I can ship to your FFL of choice in your state."
    - Then you contact the FFL directly to tell them what you are doing
    - Ask if they accept shipments from individuals
    - Obtain a copy of their FFL
    - Use the ATF EZCheck to verify
    - You'll likely have to provide the FFL with a copy of your Driver's License.

    Ask for full payment up front from the buyer.

    Once payment is received, (if not FTF) send to FFL address on the license only.
    - Be nice and send an e-mail/PM with tracking info to both buyer and FFL.
    - I generally put a "For: BUYERS NAME" on the address label
    - I also put in a copy of the recipient FFL paperwork, and a short note that says who it's coming from, contact info, and who it's going to and their contact info.
    - Cheapest handgun shipment is via USPS through your dealer.
    - Cheapest long gun shipment is through USPS, FedEx Ground, then UPS Ground.
    - Cheapest ammo shipment is through UPS Ground.
    - Everything else I usually use USPS Priority ("free" boxes).

    And you're done.
     
  3. TAT2D

    TAT2D Portland Member

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    I kinda' wondered if the FFL in the transaction ever acts as an 'escrow agent,' receiving both the gun and payment and not forwarding either to its recipient until both are in his hands under the preagreed conditions? Seems like that would be an obvious service to provide.

    MrB
     
  4. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I would have a checkbox and space for the make model and serial number and maybe even add the Oregon and Washington police phone numbers to do a stolen gun check.
     
  5. theLEMband

    theLEMband Southeast WA Member

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    Is it true that all handgun shipments, even intrastate, must go to a FFL?
     
  6. NoAim

    NoAim Hillsboro, OR Active Member

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    Per ATF, no. But no shipper will deliver. So a de facto yes.
     
  7. tionico

    tionico Thurston County Well-Known Member

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    FFL has no legal basis for requiring a copy of shipper's driving license.. except for a few specific states (Georgia has a state law requiring this).

    Transfer dealers generally do not act as escrow agents, although there is no reason one could not perform this service. If I were to do this (I'm not an FFL Dealer.. yet) I'd want to charge a fee for this service, as it would require extra time and paperwork. Also, doing such may change the sales tax status in the eyes of Washington State.. if I, as a dealer, were to actually handle the funds for the purchase of the weapon, they may well consider I have actually "sold" the weapon, and thus sales tax would be due. I'd want to run this by Revenue before offering this service, getting a binding ruling from them.