I-594 QUESTION - ON FFL BACKGROUND CHECKS PRIVATE SALES

djwalley · May 6, 2015

I recently had a strange circumstance at a local FFL when we went to do a private sale background check. I was the seller and I was told by the clerk that if my buyer did not pass the background check that he would have to run a background check on me before he could return my firearm to me...

He said my handing the gun to him constituted a transfer and it required me to pass the background check to get my firearm back.

I read and re-read the initiative and I do not see that anywhere in the legislation. Has anyone else seen or heard about this anywhere else?

I look forward to hearing from anyone who can shed light on this. This seems to be very much outside the scope of the legislation. It may be a policy of the FFL. Sure would like to know if something is afoot from the AG or other government entity...

TCOV · May 6, 2015

djwalley said:
I recently had a strange circumstance at a local FFL when we went to do a private sale background check. I was the seller and I was told by the clerk that if my buyer did not pass the background check that he would have to run a background check on me before he could return my firearm to me...

He said my handing the gun to him constituted a transfer and it required me to pass the background check to get my firearm back.

I read and re-read the initiative and I do not see that anywhere in the legislation. Has anyone else seen or heard about this anywhere else?

I look forward to hearing from anyone who can shed light on this. This seems to be very much outside the scope of the legislation. It may be a policy of the FFL. Sure would like to know if something is afoot from the AG or other government entity...

I-594 is not in compliance with federal law on firearm transfers thru a ffl. I-594 instructs a seller to take a firearm to a ffl dealer for transfer as if the transfer was coming out of the dealers inventory. Then I-594 says that the seller may keep the firearm in his possession until the background check is complete and then return it to the ffl dealer to complete the transfer. This is not in compliance with federal law and a ffl should not follow these instructions from I-594. If a ffl insisted on taking possession of a firearm during the process I would not complete the deal and buyer and I could either negotiate or cancel the sale. I-594 is not in compliance with federal law. Local law enforcement has stated they have no understanding or interest or time for I-594.