Private party firearm transfer denied

[Jlarson5]

Question for the folks who might of found themselves in a similar situation. Over 3 months ago I sold a firearm to a individual who's background check was ultimately canceled for unknown reasons to me. Private party transfer was done threw a FFl dealer and where its still being held to this day. I've offered to refund the money and put it back in the safe without reply. My question is, what happens to the firearm if not picked up and who's name is it still under?

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[USMC1911]

Sounds like a question for the FFL.

 

[Jay Walk]

The dealer should know how to proceed, they are after all, licensed.

 

[HA556]

Question for the folks who might of found themselves in a similar situation. Over 3 months ago I sold a firearm to a individual who's background check was ultimately canceled for unknown reasons to me. Private party transfer was done threw a FFl dealer and where its still being held to this day. I've offered to refund the money and put it back in the safe without reply. My question is, what happens to the firearm if not picked up and who's name is it still under?

Seek no further answer Grasshopper! The path has been laid before you.

 

[P7M13]

Without reply....

Is it possible the buyer is in jail?

 

[Alexx1401]

Question for the folks who might of found themselves in a similar situation. Over 3 months ago I sold a firearm to a individual who's background check was ultimately canceled for unknown reasons to me. Private party transfer was done threw a FFl dealer and where its still being held to this day. I've offered to refund the money and put it back in the safe without reply. My question is, what happens to the firearm if not picked up and who's name is it still under?

You have your money Correct? No longer your problem. Why do you want to even get involved with this?
As for gun if it spent the night at the shop it had to be entered into his inventory. The gun is now his to deal with as he see's fit. Again though since you got paid why is it you care now??

 

[ar man]

Now property of the FFL goes into there FFL log book when you drop it off. Between him and the shop. They should have your number if the FFL chooses to reach out to you. If there is a issue the FFL and buyer will have to resolve it.

 

[Camelfilter]

... My question is, what happens to the firearm if not picked up and who's name is it still under?

As others mentioned, no longer yours. It's the FFL's.

Nice of you to try reaching out to the buyer tho!

 

[The Heretic]

As others mentioned, no longer yours. It's the FFL's.

Nice of you to try reaching out to the buyer tho!

Only if the FFL has the gun. If the FFL will return the gun to the seller, then fine.

If the buyer still has the gun, then they should refund the $ and move on; the transfer was never made.

 

[RVTECH]

I've offered to refund the money

And? What is/was the buyers response?

I am a little confused with this whole process however and if someone can shed some light on it I would appreciate it.

OK - hypothetical situation - person sells a gun, has the money and FFL has the gun. BUYER fails BGC and FFL has the gun. SELLER does NOT contact the BUYER about a refund and is out of the picture.

BUYER is out of his money and the FFL has a free gun?

Maybe I'm missing something but if this is the case then there is a big 'hole' in the system.

 

[The Heretic]

As a buyer or seller, I have never had the FFL keep the gun for more than a few hours (and then, only once or twice did they hang onto the gun while we {buyer & seller} waited for the BGC to work its way thru the queue).

Most FFLs do not want to keep the gun while waiting for the BGC. It is a hassle for them - for minimal return.

Most are content to have the seller hang onto it until the BGC goes thru. As a seller I wanted to also, and as a seller I usually hung around until we got an answer. Sometimes the seller had to leave and I was left to wait for the BGC to go thru. Once as a seller we had to wait 10 days for the BGC to go thru - I held onto the gun until that happened.

 

[Camelfilter]

And? What is/was the buyers response?

I am a little confused with this whole process however and if someone can shed some light on it I would appreciate it.

OK - hypothetical situation - person sells a gun, has the money and FFL has the gun. BUYER fails BGC and FFL has the gun. SELLER does NOT contact the BUYER about a refund and is out of the picture.

BUYER is out of his money and the FFL has a free gun?

Maybe I'm missing something but if this is the case then there is a big 'hole' in the system.

About sums it up.

I suppose the FFL could offer to consign sale the firearm for the buyer. No requirement to do so though.

Basically the buyer should take care of there BGC status all on there own.

Perhaps the FFL could share what they know of the BGC status with the buyer. Cancelled, delayed, denied & if it was a paperwork/filing error on the FFL's part. Or not.

But paperwork error excluded, any problems with the BGC are solely on the buyer looking into the whys/whatfores...

 

[Camelfilter]

As a buyer or seller, I have never had the FFL keep the gun for more than a few hours (and then, only once or twice did they hang onto the gun while we {buyer & seller} waited for the BGC to work its way thru the queue).

Most FFLs do not want to keep the gun while waiting for the BGC. It is a hassle for them - for minimal return.

Most are content to have the seller hang onto it until the BGC goes thru. As a seller I wanted to also, and as a seller I usually hung around until we got an answer. Sometimes the seller had to leave and I was left to wait for the BGC to go thru. Once as a seller we had to wait 10 days for the BGC to go thru - I held onto the gun until that happened.

I believe that when an FFL does not hold a firearm pending the BGC, the seller is required to hold onto the firearm.

Because in that circumstance the firearm is not in the FFL "bound book". It has not been transferred to anyone (buyer or FFL).

When an FFL holds a firearm pending BGC, it has been transferred to the FFL. (In the " bound book ")

Just my opinion, mind y'all. Not an FFL, no interest in becoming one...

 

[RVTECH]

Most FFLs do not want to keep the gun while waiting for the BGC. It is a hassle for them - for minimal return.

OK - SO I assume there is NO Requirement then for the FFL to transfer it to themselves OR the BUYER correct?

If this is the case then what is the problem? Seller hangs onto the gun and BUYER keeps his money until the BGC is approved.

Once again I may be missing something but this seems to be the best approach to it.

 

[The Heretic]

When an FFL holds a firearm pending BGC, it has been transferred to the FFL. (In the " bound book ")

I am not sure when that line is crossed - if it happens "overnight" or if they temporarily have it for a few hours in the day while the current owner is not present (like when a gunsmith does some work on it).

That said, most FFLs do not want to hold onto guns involved in a simple "private" party transfer.

I am not sure why the OP's FFL held onto the gun in this case.

 

[The Heretic]

OK - SO I assume there is NO Requirement then for the FFL to transfer it to themselves OR the BUYER correct?

At some point, especially if the possession of the gun by the FFL is more than during the first business day, the FFL must login the firearm into their log of firearms. Bad juju if a firearm is found in their collection of business firearms and it hasn't been entered in their log.

 

[Alexx1401]

And? What is/was the buyers response?

I am a little confused with this whole process however and if someone can shed some light on it I would appreciate it.

OK - hypothetical situation - person sells a gun, has the money and FFL has the gun. BUYER fails BGC and FFL has the gun. SELLER does NOT contact the BUYER about a refund and is out of the picture.

BUYER is out of his money and the FFL has a free gun?

Maybe I'm missing something but if this is the case then there is a big 'hole' in the system.

I don't know how others do this but I know no way in hell would I walk out of the shop without the cash in my pocket or the gun still in my possession.

 

[Camelfilter]

I don't know how others do this but I know no way in hell would I walk out of the shop without the cash in my pocket or the gun still in my possession.

Yup.

 

[Alexx1401]

I am not sure when that line is crossed - if it happens "overnight" or if they temporarily have it for a few hours in the day while the current owner is not present (like when a gunsmith does some work on it).

That said, most FFLs do not want to hold onto guns involved in a simple "private" party transfer.

I am not sure why the OP's FFL held onto the gun in this case.

When this state started the all sales have to go through a dealer I "heard" some FFL's were doing just that, holding the gun. Sale was made so seller walked off with cash. Gun was now the property of the FFL who would then do the BGC on the buyer. If the buyer got a "delayed" shop held gun until clear. Last gun I sold buyer got delayed and shop sent both of us home. Me with my gun, buyer with his cash. Several people here were upset about this saying they would not deal with a shop who would not hold the gun and let seller walk with cash. Many figured the price of the transfer should include this "service".
Now that here in WA there is no such thing as paying for a gun and walking off we should soon be hearing if any FFL's here are still willing to do this. Since the shop will not only have to run the buyer, but after they get the proceed they still can't let the buyer have the gun for a good while. Will be interesting to hear how the FFL's here handle this.

 

[RVTECH]

Several people here were upset about this saying they would not deal with a shop who would not hold the gun and let seller walk with cash.

Ok then, if SELLER keeps the gun then the BUYER should hold his/her cash until the BGC is finalized.

FFL is already paid by whoever so this is immaterial. The FFL fee should be the only payment that is made until completion.

I see this as the best method IF the BGC does not clear immediately or soon while all are at the FFL.