Mechanics of selling a pistol on this site

[MNO]

I have a couple of pistols I would like to sell on here. I am in Oregon and I know the transaction must go thru a FFL. I am trying to understand how the mechanics of a transaction would work selling it on this site to another member.
Do I meet with the buyer prior to meeting at the FFL shop and then once the buyer is ready to move forward meet at the FFL? I assume the FFL holds the gun until the background check is completed for the buyer, is my assumption correct? When does the money actually change hands, upon the initial meeting at the FFL or once the background check is complete, during the time it takes for the background check does the FFL hold the cash? I appreciate any help you guys can give me. I just don't want to mishandle any steps in this process.

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[2Wheels4Ever]

There are many ways to go about it, but this method seems to work for me.

-Meet at ffl parking lot where gun is looked at, and price agreed upon.
-Enter FFL, where buyer hands over cash to seller and starts the paperwork.

As the seller, once paperwork has started, the gun is no longer mine. If the buyer is denied the transfer, it is on them to figure out why and how to obtain the gun. I never want to be in the position where someone passed the background check, then decides they don't want the gun anymore. Most FFLs are not going to want to touch the money for the gun.

 

[MNO]

There are many ways to go about it, but this method seems to work for me.

-Meet at ffl parking lot where gun is looked at, and price agreed upon.
-Enter FFL, where buyer hands over cash to seller and starts the paperwork.

As the seller, once paperwork has started, the gun is no longer mine. If the buyer is denied the transfer, it is on them to figure out why and how to obtain the gun. I never want to be in the position where someone passed the background check, then decides they don't want the gun anymore. Most FFLs are not going to want to touch the money for the gun.

Thank you, that makes sense!

 

[2Wheels4Ever]

I'll also add, that if the buyer fails the BCG, you are free to return the cash and regain ownership of the pistol.

 

[The Heretic]

I generally meet with the seller/buyer at an FFL. Sometimes I (or the buyer if I am selling) inspect the firearm in the parking lot. Where you meet is up to you, but you must transfer at the FFL, so most people do it there.

Generally the FFL does NOT hold the firearm while the BGC goes thru if it takes more than a few minutes (my BGCs go thru in a few minutes, others not so fast, had a buyer last year where it took a week). The seller can hold the firearm until the BGC goes thru, then money and firearm can change hands at the FFL - that is how I did it last year when the BGC is delayed. Most FFLs do not want to hold onto the firearm and there is no legal or practical reason for them to have to hold onto it if the seller can come back with the firearm when the BGC goes thru. Money would change hands when the firearm is actually transferred.

 

[P7M13]

I have always met the prospective seller OR buyer *inside* the FFL. It serves as a no-man's land.
Inspect, exchange cash, firearm to the FFL for the transfer, 4473....
The longest I have had to wait for a buyer to clear was 20 minutes, and they were a CHL holder.

 

[Koda]

Most FFLs do not want to hold onto the firearm and there is no legal or practical reason for them to have to hold onto it if the seller can come back with the firearm when the BGC goes thru. Money would change hands when the firearm is actually transferred.

What if you took the cash and left, would the FFL get to keep the gun if the BGC fails?

 

[The Heretic]

There are many ways to go about it, but this method seems to work for me.

-Meet at ffl parking lot where gun is looked at, and price agreed upon.
-Enter FFL, where buyer hands over cash to seller and starts the paperwork.

As the seller, once paperwork has started, the gun is no longer mine. If the buyer is denied the transfer, it is on them to figure out why and how to obtain the gun. I never want to be in the position where someone passed the background check, then decides they don't want the gun anymore. Most FFLs are not going to want to touch the money for the gun.

Actually no. The transfer is not complete until the BGC is completed. The firearm is still yours if the BGC does not go thru.

There are several reasons the state might reject or delay the transfer:

1) The buyer has a flag/issue. In this case, if money has not changed hands, and it doesn't have to until the paper work goes thru, then the seller can retain possession of the firearm, the FFL does not need to hold the firearm (very few will want to, if any - it is a hassle for them).

2) The BGC is delayed. I sold a rifle last year where this was the case due to the large number of BGCs in the Queue. I took the rifle home, the buyer took his cash home, a week later we went back to the FFL when the BGC finally made it thru the queue and exchanged cash and rifle.

2) The firearm itself has a hold on it. It might be stolen. In that case, the buyer doesn't want to be stuck with a stolen firearm that they paid cash for. This can happen immediately or after the transfer - people have bought firearms, had the transfer go thru the state, and then later get a call saying the firearm was stolen and the state wants the firearm. That is rare, but it has happened - I have read where a few people got stuck with a stolen gun, most (maybe all?) got their money back from the seller - but if the seller walks out before the BGC goes thru, then there is a risk - I have had a seller walk away a few times, and I wasn't thinking about the risk of it being a stolen gun because the seller was a know entity here on the site.

 

[The Heretic]

What if you took the cash and left, would the FFL get to keep the gun if the BGC fails?

There is that risk. I've only had the seller leave a couple of times (maybe only once IIRC). I've never had to wait more than 20 minutes so I don't know for sure, but legally I believe the FFL would have to retain the firearm, enter it into their log books and go from there. That is why it is probably a good idea for the seller to hang around until either the BGC is completed, or they know that it will take a while. If the BGC isn't done in 30 minutes, then the seller and buyer should probably agree on a time to come back. That makes it probably a wise idea for the buyer and seller to hold onto the cash and gun respectively until the BGC completes. As I said, most, if not all, FFLs will not want to hold a gun waiting for a delayed BGC unless the buyer has ordered a gun thru the FFL (or arranged for a shipment).

 

[The Heretic]

Oh, and in Oregon, the FFL will want the sellers ID to make a copy of it. At Tigard Pawn, they want a color copy of the ID brought in.

 

[Koda]

There is that risk. I've only had the seller leave a couple of times (maybe only once IIRC). I've never had to wait more than 20 minutes so I don't know for sure, but legally I believe the FFL would have to retain the firearm, enter it into their log books and go from there. That is why it is probably a good idea for the seller to hang around until either the BGC is completed, or they know that it will take a while. If the BGC isn't done in 30 minutes, then the seller and buyer should probably agree on a time to come back. That makes it probably a wise idea for the buyer and seller to hold onto the cash and gun respectively until the BGC completes. As I said, most, if not all, FFLs will not want to hold a gun waiting for a delayed BGC unless the buyer has ordered a gun thru the FFL (or arranged for a shipment).

This is such an odd dilemma, because once a BGC goes thru successfully, the gun is legally transferred.... so there is no way I would every sell a gun without taking full payment in cash -before- the BGC is started. I guess the thing to do would be to wait, but then some BGCs can take several hours or even days, once initiated there is no way to know if it went thru or not unless your there. So now what do you do?
Is it legally the FFLs? dont they need to go thru a BGC themselves to accept a gun?

 

[The Heretic]

Oh, and remember that for handguns, the transfer must take place at an FFL in the state of residence for the buyer. You cannot have someone from another state come here and buy a handgun. Federal law - period.

 

[The Heretic]

This is such an odd dilemma, because once a BGC goes thru successfully, the gun is legally transferred.... so there is no way I would every sell a gun without taking full payment in cash -before- the BGC is started. I guess the thing to do would be to wait, but then some BGCs can take several hours or even days, once initiated there is no way to know if it went thru or not unless your there. So now what do you do?
Is it legally the FFLs? dont they need to go thru a BGC themselves to accept a gun?

All I can say is that this is the way I did it when the buyer's BGC was delayed due to the large queue, and that most FFLs will NOT want to hold onto the gun. They do not have the space and time to hold every gun for every transfer for days or weeks, possibly months, and then if it is rejected they have to transfer it out back to the seller.

 

[Koda]

All I can say is that this is the way I did it when the buyer's BGC was delayed due to the large queue, and that most FFLs will NOT want to hold onto the gun. They do not have the space and time to hold every gun for every transfer for days or weeks, possibly months, and then if it is rejected they have to transfer it out back to the seller.

but they dont have a choice if the BGC takes hours/days/weeks.

 

[2Wheels4Ever]

This is such an odd dilemma, because once a BGC goes thru successfully, the gun is legally transferred.... so there is no way I would every sell a gun without taking full payment in cash -before- the BGC is started. I guess the thing to do would be to wait, but then some BGCs can take several hours or even days, once initiated there is no way to know if it went thru or not unless your there. So now what do you do?
Is it legally the FFLs? dont they need to go thru a BGC themselves to accept a gun?

This is exactly why I exchange money right before the paperwork is started. I have never left before the transfer has been completed, and if the transfer is failed, I would of course return the money and take back the gun.

As Heretic stated, the transfer may not be legally finished until the BCG is complete, however, I make it clear to the buyer that there is no way to turn back on the deal once the transfer process has begun.

Like I said in my original post, this way has worked well for me, and I have had zero issues.

 

[Koda]

This is exactly why I exchange money right before the paperwork is started. I have never left before the transfer has been completed, and if the transfer is failed, I would of course return the money and take back the gun.

As Heretic stated, the transfer may not be legally finished until the BCG is complete, however, I make it clear to the buyer that there is no way to turn back on the deal once the transfer process has begun.

Like I said in my original post, this way has worked well for me, and I have had zero issues.

There is still a gap in this plan though, if the BGC takes days to go thru.

 

[2Wheels4Ever]

There is still a gap in this plan though, if the BGC takes days to go thru.

The FFL was gracious enough to hold the gun for us when that happened last. I understand not all will want to do that.

 

[Koda]

The FFL was gracious enough to hold the gun for us when that happened last. I understand not all will want to do that.

its a good thing the buyer passed....

 

[2Wheels4Ever]

its a good thing the buyer passed....

It would have been easy enough for me to return the money and take back the gun. I have no problems doing this in the event the BCG is failed, but I like to set myself up in a position where I wont get burned if the buyer backs out after the BCG is passed.

 

[peteNW503]

Seems like everybody here has given some sound advice! To simplify it go to an FFL / Pawnshop keep the gun unloaded bring it to the counter the FFL will give it a Safety inspection. After which most FFL will allow the potential buyer a chance to look over the gun before starting the paperwork process. If you both agree you want to go through with the transfer paperwork gets started and put into the system then your waiting for the BC to clear. When selling a gun it is always good to know if the potential buyer has a CHL this will likely speed up the process which is good news for the seller. I typically stay with the buyer at the FFL until their BC clears so there is no confusion! Most of the time they will be able to walk out with the gun within a matter of minutes. Not always but most of the time! It's fairly simple try not to get to overwhelm if you have any question in the process the FFL will walk you through it! Be sure you get paid in cash no checks or money order crap! Best of luck to you in your first sale!