Failing the FTF bgc

Discussion in 'Legal & Political Archive' started by Screwy, Aug 27, 2015.

  1. Screwy

    Screwy
    Suburban Clackamas County
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    Buying some ammo this morning, I just asked my favorite Armory about the procedure if I were to bring in a 3rd party sale as a Seller. I surrender my gun, $40 for the transfer, $10 for the buyer bcg. BUT if the buyer fails the bgc, the seller now has to pay another $10 to pass a Sellers bcg TO GET HIS GUN BACK. Whaaaa the f!!!?
    This is bloody insane. :mad:
     
  2. B5Ben

    B5Ben
    Boise
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    I think the buyer has to pass the BGC first to avoid this situation. Once that happens the FFL can log the gun into his book and complete the transfer.

    **edit**
    ...and $40 plus BGC is ludicrous IMO.
     
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  3. Greenbug

    Greenbug
    Bend
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    The $40 isn't ludicrous..... SB941 is ludicrous!
     
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  4. Screwy

    Screwy
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    Despite my animated verbal astonishment, this senior manager was adamant that procedure is the gun be taken in at the time of buyer application, as the application states the serial etc. It is now in their ffl possession and must be transferred forward or backward and either must be with bgc.
     
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  5. Camarobear

    Camarobear
    Vancouver
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    The law doesnt get much respect when it infringes your rights....
     
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  6. Screwy

    Screwy
    Suburban Clackamas County
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    Now that is confiscation and cannot be abided. Deny a buyers and sellers bgc and they confiscate a gun. Easy game.
     
  7. RVTECH

    RVTECH
    LaPine
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    A good thing to know before trying to SELL. I would not abide by this plan if I were the seller and either find another FFL who does NOT do this - or not sell. What is the rational for the FFL to take the gun in prior to the buyer BGC anyway? To create a de facto 'confiscation' if BOTH were to be denied?
     
    Last edited: Aug 28, 2015
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  8. notazombie

    notazombie
    Hillsboro->Marsing
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    So just for the sake of argument; If the seller relinquishes at the time of buyers BGC and the buyer fails (for whatever reason), then the seller fails a BGC (again, for whatever reason) to get it back from the FFL, then what happens? Who keeps the gun? Does it end up with OSP? BATF? Is there an appeal process? Is the firearm destroyed? It's certainly not unheard of for a check to come back as a false fail.
    This is ridiculous. I don't wanna play.
     
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  9. Screwy

    Screwy
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    The moment a seller hands over the weapon, a double denial despite the cause triggers a confiscation.
     
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  10. etrain16

    etrain16
    Oregon
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    He is giving you incorrect information. @Norm0931 on this site is an FFL and has already clarified this in another thread. You keep your gun in your possession until the buyer passes the BGC, then, and only then, are they to take the gun onto their books for the transfer. Sounds like some FFL's are not getting the message about the correct process. It will be up to us to make sure they know what they're doing before we hand over a gun for a private sale transfer.

    And to add to what others said, $40+$10 for the transfer is way too high. I know of at least two I can use that will charge me $25 total, including the BGC. Do some shopping around for other FFL's in your area, don't pay that ridiculous price.
     
  11. Screwy

    Screwy
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    Glad to hear. Will avoid using this ffl. Maybe any of then.
     
  12. etrain16

    etrain16
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    Since you're in Clackamas County, you may want to contact Don Bancroft at Bancroft Blades. He's a home-based FFL on the south end of Oregon City that I use (when he's available, be sure to set an appointment). He has already confirmed his FFL transfer fees on new guns @ $25 including BGC will also apply to private sale transfers. He's a good guy, you'll find his contact info in the FFL listings for the state.
     
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  13. ChiefStealth

    ChiefStealth
    Graham, Wa.
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    Sounds like Or. folks are going through a learning process similar to what Wa. folks did some months ago. Some confusion about how to properly process transfers under the new laws. Some FFL folks are already doing things right. Some ain't. I suspect it will get straightened out in short order. FFLs will get things right and start getting prices to where they should be. That's kinda what happened in Wa. Folks are now competing for that FFL business and offering $10 dollar transfers.
     
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  14. Kid@Heart

    Kid@Heart
    Vancouver, USA
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    I'm pretty sure you still own the firearm until the transfer is completed. If the FFL takes possession of the firearm and does not transfer it to the purchaser or return it, they become the purchaser and owe you for the firearm. You don't have to pass a background check to sell a firearm. Even in Oregon.
     
  15. Kid@Heart

    Kid@Heart
    Vancouver, USA
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    I should point out that I am not a lawyer, never have been and will disown any of my children that become one.
     
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  16. sdlsaginaw

    sdlsaginaw
    Oregon
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    Ok, I located the relevant post.

    https://www.northwestfirearms.com/t...-background-checks.203193/page-3#post-1307178

    According to the PDF, if the buyer fails the BGC and the seller "has not relinquished possession" of the firearm to the FFL then the seller is free to walk out with it. If the seller has left the firearm "in the exclusive possession" of the FFL then a BGC is required to return it to the seller.

    I assume that means that as long as the seller doesn't leave the FFLs place of business they are ok to leave with the gun. Good luck convincing the FFL of that though. Maybe having the ATF document with you would help.
     
  17. Screwy

    Screwy
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    Great thanks!
     

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