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Under your scenario, when a seller provides a firearm to a shipper, they have 'transferred' it to UPS/FEDX (unlicensed) requiring a BGC. Doesn't work that way. The seller's FFL is not doing a background check, they are simply shipping the gun. The receiving FFL are doing the legal transfer, between private parties, not the shipping FFL.

That's really not the way it works. The shipping dealer enters it into his bound books no different than if anyone off the street walked in and told the dealer he wanted to sell them a gun. Then the dealer ships the gun with a disposition change sending the gun to a different FFL holder. License copies are exchanged etc. Shipping is not a transfer. Handing a gun to someone for them to shoot is not a transfer. The initial act of handing the gun to the FFL holder to ship IS a transfer. The dealer than transfers it to the receiving dealer who then transfers it to the buyer/trader/transferee. When the receiving dealer gets the gun he enters the shipping dealer as the transferor NOT the person who walked in off the street. Return the gun and the same thing happens all over again

Hey, I'd like to make up my own rules too but I don't because the ATF frowns on that sort of thing. The state clowns have nothing on those guys. The ham fisted way they put it in the state law that the gun would just be returned to the owner if the deal fell through because the recipient couldnt pass a BGC totally ignores whole sections of US Code and ATF procedural regulations that the dealer still has to comply with no matter what he state says.

If you walk into a dealers door and tell him you want to ship a gun to another dealer he'll take your money . you transfer the gun to him. He transfers the gun to another dealer . That dealer transfers the gun to your intended recipient. If the BGC fails, and they sometimes do, then things could get tricky and the risk of a straw purchase gets real high real fast. An observant dealer will just send the gun back to the originating dealer ( after the bound book entries ) who will then do a BGC and file a 4473 on the originating person so that he can transfer the gun back to him. If that person fails the BGC because somewhere in time he did something to warrant getting his card pulled then what would you suggest the dealer do? Were it me I'd call the state police and let them hash it out.

If you walk into a dealer with someone to do a BGC to transfer face to face at the dealer and that person fails the BGC the dealer can return it to you but he still has to do a federally mandated BGC/4473 on you before he can give you the gun back. Its just like a pawn shop . You dont get the gun back unless you do the paerwork even though its YOUR gun. If you get lucky you won't get charged for the transfer. Fail the BGC and you arent getting the gun back not to mention the fact that you just committed a felony falsifying information on the 4473 by attempting to transfer a gun as a restricted person. State Police time.
 
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