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How does your FFL handle your (seller) firearm if buyer fails bg check?

arakboss

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I have done many private sale transfers as a seller and buyer with Tigard Pawn 4 More. During my most recent transfer as the seller, I was informed that I would have to pay $25 and go through the background check process to take my firearm back if buyer failed background check who paid $25 to have his bg check done. This was the first time they have ever told me this in dozens of transfers.

Is this standard policy among FFLs?

Why are they taking legal possession of the firearm?

Tigard has a city ord requiring Tigard FFLs to hold firearms they take in from private parties for 30 days. If Tigard Pawn is truly taking possession of a firearm during the transfer process why don't they have to hold it for 30 days prior to giving it to buyer?

It seems strange that they only notified me of this supposedly long standing policy on my most recent transfer.
 
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A

arakboss

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ATF has a guide on FFL procedures for private sales. Item #2 on page #4 is what you are after.
I guess the definition of what is exclusive possession needs to be defined?
"if the private party seller has not left
the firearm in the exclusive possession
of the FFl, the private party seller can
leave the premises with the firearm."

If they are taking exclusive possession of the firearm during the transfer, I don't understand how they are avoiding the 30 day hold rule under the Tigard Ordinance.

Do most other FFLs charge full transfer fee in this scenario?

When Sunset Firearms returned a firearm to me they couldn't sell on consignment, they only charged me the background check fee.
 

SavageGerbil

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I've only had it happen once, guy in his 60's had some weird thing pop up from when he was 17
As the FFL hadn't given approval for me to hand it over to the guy, it required nothing on my part to just leave with my firearm.
 

Quartermaster

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I’m not surprised tigard pawn doesn’t understand the rules since they still insist on hand holding for thumbprints with no ability to reference the law requiring it.
 
They claim it's a city ordinance to hold your hand. I call BS.
Ditto. Someone should ask for the ordinance, but in the absence of said, I too am totally calling BS.

The prints thing is a state-level, not Federal thing, and the statute makes no mention of who rolls them. (From the law "The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction thumbprint form and attach the form to the gun dealer’s copy of the firearms transaction record to be filed with that copy.")
 

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