Platinum Vendor
- Messages
- 886
- Reactions
- 3,223
PSA of the Day - Out of state private party transfers and online sales. Handguns, Semi auto rifles, lowers, frames and "others". As a border region shop, we are faced with this more often than many shops, but the same applies to private party or online sales. With the number of transactions occurring, we're seeing a huge spike in denials so we thought we'd share this.
A WA resident purchaser, if the background check is DENIED and the seller is a non resident of WA, the transferring dealer/FFL has to send the item back to the SELLER via a Dealer/ FFL in the seller's state of residence. This means, that the buyer or seller will need to pay for freight to ship the item to the FFL, and likely pay a fee to that dealer for the transfer. Its not our item, so our shop isnt responsible for freight. Waiting periods and delays apply to the return transfer too. Everybody loses.
Want to make it even worse? If its a semi automatic rifle that is denied, under I-1639 it's illegal for us to send that rifle to a non resident at all, INCLUDING an FFL/Dealer or manufacturer. (this is the basis of our interstate commerce lawsuit against the state of WA/month 18 of that suit). This is why we will not transfer semi auto rifles from private parties and would prefer not to accept them from online sellers either. We are now stuck with a firearm in our inventory that we can neither transfer back to the seller, nor deliver to the to the buyer. What are we supposed to do with that item? How does the buyer get refunded? It puts the shop in an awkward position, in how to help the seller/buyer recover their money. Losing deal, for everyone.
Want to make it even worse? Often the seller will attempt to sell the item to someone else. Most often, a friend or spouse of the original buyer. That, on the face is the definition a straw purchase which is both a state and federal crime. It earned us a one star review and a bunch of angry voicemails last month when we wouldn't transfer the item to the buyers wife. Losing deal, for everyone.
How to avoid these pitfalls? As a seller, know this going in if transferring to an out of state resident. There could be some terribly inconvenient costs if the buyer is denied. As a buyer, if you're occasionally denied, be real careful about purchasing anything from an out of state seller, especially any semi auto rifle.
What questions should you ask your FFL?
"How do you handle out of state denials, and what are your costs for denied transfer?"
How does our shop handle denials? The buyer's transfer charge is non refundable, we've completed all of the work as we would a PROCEED, but now we have more work to do. We have to report the DENIAL to the State's Sheriffs and Police Chiefs Association, go through the Denial reporting with the buyer and then arrange to transfer the item back to the seller, which is either shipping it back or performing the transfer of the item back to the seller. We do not charge the seller a transfer fee when returning an item to them, but an out of state FFL certainly will.
Of course, buying from a local dealer, avoids MOST of the complications of a denial.
The more you know. Please share your thoughts or experiences in the comments field.
A WA resident purchaser, if the background check is DENIED and the seller is a non resident of WA, the transferring dealer/FFL has to send the item back to the SELLER via a Dealer/ FFL in the seller's state of residence. This means, that the buyer or seller will need to pay for freight to ship the item to the FFL, and likely pay a fee to that dealer for the transfer. Its not our item, so our shop isnt responsible for freight. Waiting periods and delays apply to the return transfer too. Everybody loses.
Want to make it even worse? If its a semi automatic rifle that is denied, under I-1639 it's illegal for us to send that rifle to a non resident at all, INCLUDING an FFL/Dealer or manufacturer. (this is the basis of our interstate commerce lawsuit against the state of WA/month 18 of that suit). This is why we will not transfer semi auto rifles from private parties and would prefer not to accept them from online sellers either. We are now stuck with a firearm in our inventory that we can neither transfer back to the seller, nor deliver to the to the buyer. What are we supposed to do with that item? How does the buyer get refunded? It puts the shop in an awkward position, in how to help the seller/buyer recover their money. Losing deal, for everyone.
Want to make it even worse? Often the seller will attempt to sell the item to someone else. Most often, a friend or spouse of the original buyer. That, on the face is the definition a straw purchase which is both a state and federal crime. It earned us a one star review and a bunch of angry voicemails last month when we wouldn't transfer the item to the buyers wife. Losing deal, for everyone.
How to avoid these pitfalls? As a seller, know this going in if transferring to an out of state resident. There could be some terribly inconvenient costs if the buyer is denied. As a buyer, if you're occasionally denied, be real careful about purchasing anything from an out of state seller, especially any semi auto rifle.
What questions should you ask your FFL?
"How do you handle out of state denials, and what are your costs for denied transfer?"
How does our shop handle denials? The buyer's transfer charge is non refundable, we've completed all of the work as we would a PROCEED, but now we have more work to do. We have to report the DENIAL to the State's Sheriffs and Police Chiefs Association, go through the Denial reporting with the buyer and then arrange to transfer the item back to the seller, which is either shipping it back or performing the transfer of the item back to the seller. We do not charge the seller a transfer fee when returning an item to them, but an out of state FFL certainly will.
Of course, buying from a local dealer, avoids MOST of the complications of a denial.
The more you know. Please share your thoughts or experiences in the comments field.