New Transfer Law

[Lickskillet]

Just curious if the new law is strictly a transfer fee or does it involve a background check and subject to denial like a purchase?

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[etrain16]

Just curious if the new law is strictly a transfer fee or does it involve a background check and subject to denial like a purchase?

You don't say if you're in OR or WA, so I'll address OR since that's where I am.

Yes, background checks apply, that was the whole point of the law, that, and creating a registration that they like to say doesn't exist. So yes, denials are definitely possible, each FFL may have different ways of dealing with a denial for the seller, such as returning the gun to them with no additional BGC. It's best to talk to any FFL first to learn how they handle them.

BTW, SB941 didn't establish or decide transfer fees, so it can and will vary from FFL to FFL. Be sure to do your research before you spend $60 when you could have done it for $25.

 

[The Heretic]

WA & OR are BGC laws for all transfers, private or FFL.

 

[Joe13]

Yup, background checks. No tax or transfer fees in WA on used guns.

 

[Fordcragar]

Yup, background checks. No tax or transfer fees in WA on used guns.

Are you sure about the transfer fee, in Washington? I talked to a local gun dealer (south Seattle) about a used gun transfer last week and was told they charge $30 for the transfer; which would include the seller bringing the used gun into their store and checking it in. Then a background check would be made on the purchaser. If the purchaser failed the background check, then the seller would have to be background checked to take possession of the gun again.

 

[Joe13]

Are you sure about the transfer fee, in Washington? I talked to a local gun dealer (south Seattle) about a used gun transfer last week and was told they charge $30 for the transfer; which would include the seller bringing the used gun into their store and checking it in. Then a background check would be made on the purchaser. If the purchaser failed the background check, then the seller would have to be background checked to take possession of the gun again.

The few guns a have bought and sold thru FFL's since November and only had to pay $20 for the BGC.

The gun never left the counter nor my possession during the process until it was all done and then the buyer took it.

I would consider another FFL in the future.

 

[sdlsaginaw]

That's not how it's supposed to work. The BGC to return upon failure should only be needed if the gun is checked in, and checking it in is not supposed to be a requirement unless the seller leaves the premises. Here's one I posted earlier referring to previous discussions and ATF documents.

Failing the FTF bgc

Are you sure about the transfer fee, in Washington? I talked to a local gun dealer (south Seattle) about a used gun transfer last week and was told they charge $30 for the transfer; which would include the seller bringing the used gun into their store and checking it in. Then a background check would be made on the purchaser. If the purchaser failed the background check, then the seller would have to be background checked to take possession of the gun again.

 

[Fordcragar]

Thanks, I'll check around.

I'll carefully craft my question when I do. I might not have mentioned used gun in a couple of the places, but the one that I did mention in my previous post was how they handled a used gun transaction. The alarming thought was that if the seller didn't pass the background check, then they wouldn't be able to take back possession of the gun.

 

[Fordcragar]

That's not how it's supposed to work. The BGC to return upon failure should only be needed if the gun is checked in, and checking it in is not supposed to be a requirement unless the seller leaves the premises. Here's one I posted earlier referring to previous discussions and ATF documents.

Failing the FTF bgc

The dealer that I talked to, would only do the transfer if the gun was checked in; which they said would be a two day process. So shopping around for a dealer might be the best way to deal with this. It looks like the best thing to do, is study up on the law to see how it would apply, to where you live.

 

[Joe13]

Sounds like he wasn't honest or didn't totally understand the new process and was being overly cautious.

I have used surplus military retail stores to pawn shops, all as a walk in with no notice, and been in and out of the store in about 15-20 min (if no other customers already in front of me).

Check back later so we can hear how it goes - lots of people are still confused on the new process and it would be good info to add to the thread.

 

[.45's and .38's]

I have not traded firearms since 594 took effect. Could someone who has done the ffl deal chime in & give me the rundown. Here's what I think you do

I accept a cash offer for my gun posted on the forum
We agree to meet at ffl
Buyer pays transfer fee to put the firearm in the buyers name which I assume is 20-30 bucks & then I pay a background check for myself.
FFL has buyer fill out a 4473 background check form & pays 10 bucks, if he passes, he pays me & walks out with firearm.

Is that correct?

 

[U8395279]

Just curious if the new law is strictly a transfer fee or does it involve a background check and subject to denial like a purchase?

Dude, that was the whole purpose behind the new law. It was not past to simply make gun dealers money.

 

[mjbskwim]

The dealer that I talked to, would only do the transfer if the gun was checked in; which they said would be a two day process. So shopping around for a dealer might be the best way to deal with this. It looks like the best thing to do, is study up on the law to see how it would apply, to where you live.

When the shop does a nics check,nics does not know or care if the gun is in fact put in the books or not.
In fact the store has about 24hrs before they have to sign the gun in the book.
So the store can call in to nics,do the check,then sign the gun in and out. Or just send the seller home with his gun
He doesn't need a check done to walk in and out of a store
So any store owner with half a brain can do the check on the buyer and then let the seller know if the buyer passed or not.Now maybe that shop has someone come in every other day and do the books.That's the only reason I could see that it would take 2 days
I don't get why a shop would want to mess with it that way. Now they have a pi$$ed off customer waiting to get his gun back.It would just make a unnecessary mess

 

[U8395279]

I have not traded firearms since 594 took effect. Could someone who has done the ffl deal chime in & give me the rundown. Here's what I think you do

I accept a cash offer for my gun posted on the forum
We agree to meet at ffl
Buyer pays transfer fee to put the firearm in the buyers name which I assume is 20-30 bucks & then I pay a background check for myself.
FFL has buyer fill out a 4473 background check form & pays 10 bucks, if he passes, he pays me & walks out with firearm.

Is that correct?

No, I don't believe that a background check on the seller is required. Only for the buyer that is receiving the firearm.

But I don't know this for an absolute fact. Can anyone confirm this for sure? I have certainly never heard of any background check being required on the seller.

.

 

[Cameron72]

There is no new law.

Don't you remember voting against it, last year?

Why don't you list your location instead of being cool? It doesn't have to be a GPS coordinate.

 

[mjbskwim]

Only thing close that I can imagine that store clerk is thinking of is a consignment.
Then if the seller, consignor?,decides he doesn't want to sell,he does have to do a check,since when he consigned his gun,he signed it over to the store.basically making the gun the stores gun
Again,doing a transfer,the seller can walk out of the store with his gun at any time if he wishes
As long as he doesn't let the store sign the gun in till the deal is done

 

[Fordcragar]

One thing not to lose sight of, is that we might be talking about two different states (Washington/Oregon). The gun shop that I talked to about a used gun transfer, said that this was the way that they did it. They mentioned that it was a hassle, but they were only going to do it to provide a service to their customers. Other gun stores might do it differently. The seller brings in the gun and leaves it with the gun store, with all of the buyers information. The next day, the background check is made, if the buyer passes, then they can pick up the gun. No money changes hands at the gun store. Based on this, I still had questions, but found someone else that would do the transfer while we waited.

 

[U201491]

The New Laws in both OR and WA are Tyranny in Technicolor

 

[mjbskwim]

The gun shop that I talked to about a used gun transfer, said that this was the way that they did it.

They are just adding to the states desire to make gun purchasing a PITA.A person would be stupid to go that route
I wouldn't buy anything from that store

 

[Fordcragar]

I'm fairly new to guns, and what I've found is there are almost no gun stores in the Seattle area. If you find a place that sells guns, they probably don't have any reloading supplies or offer anything other than basic stuff. When I was younger, there were more places to buy guns and/or supplies.