Thinking of selling gun to friend... Can I hold rifle (store/keep) while he waits on BGC to go through?

[Bobbygun]

You should really verse yourself on what the statute of limitations means.... Just saying....




Not that I'm advocating that you break the law.

What did you hear?

Lies! All lies I tell you!

 

[K-22]

Or does the FFL have to hold it while waiting?

Oregon / Private transfer.


Thanks for any help.


Post Edit: Yes you can. Depending on the FFL.

My FFL in Vancouver, (America's Pawn) only charges $20 for a transfer if they do not have to take possession of the firearm.

Best deal in town!!

 

[gmerkt]

In Wash. state, RCW 9.41.113 (3)(a) says:

"(a) The seller or transferor shall deliver the firearm to a licensed dealer to process the sale or transfer as if it is selling or transferring the firearm from its inventory to the purchaser or transferee, except that the unlicensed seller or transferor may remove the firearm from the business premises of the licensed dealer while the background check is being conducted. If the seller or transferor removes the firearm from the business premises of the licensed dealer while the background check is being conducted, the purchaser or transferee and the seller or transferor shall return to the business premises of the licensed dealer and the seller or transferor shall again deliver the firearm to the licensed dealer prior to completing the sale or transfer."

Which I didn't know until reading this post caused me to look it up. From the standpoint of being a seller, friend, maybe, perhaps. Someone I don't know, nu-uh, I don't want to give them a chance to change their mind or have their wife change it for them. People can be notional.

There may be some gun dealers who don't know this. As a dealer, once the gun goes away and both parties change their mind and disappear, who pays for the labor of doing the NICS check? I can see why a dealer would want to take possession. And I can see how some, like pawn shops with enough overhead churn to absorb the lost labor would value their space enough to let the seller hang onto the gun pending the NICS. Realistically, both parties are usually eager for the gun the change hands, not linger.

Sidebar: One time I met up with a guy who wanted to buy a Rem. 870 I had for sale. We met as agreed and went into the shop. Right away, the would-be buyer walked over to the in-stock guns for sale and found another 12 gauge shotgun. Which wasn't as nice as my 870 but cost less. Whereupon he proceeded to try to bargain me down in price by comparing my gun to the in-store gun. He didn't get mine, I walked out. Another time, when I sold a Win. Model 70 in .300 Win Mag, I met up with the buyer and while waiting for the NICS check to process, he found another .300 Win Mag in stock. Again, not as nice but priced a little lower but he kept to the bargain that time. You never know what's going to happen when you meet up at a gun store.

 

[The Heretic]

Every FFL I have dealt with has had the seller hold until the BGC is approved. This makes the most sense - there is little to no reason for the FFL to hold the gun, and it is less hassle/cost.

 

[Jay Walk]

Or does the FFL have to hold it while waiting?

Oregon / Private transfer.


Thanks for any help.


Post Edit: Yes you can. Depending on the FFL.

I did it this way in WA. As seller I stored gun at my home until notified by the FFL.

 

[titsonritz]

Never had to worry about when instant background checks were actually instant.

 

[Member 53328]

If it a good enough friend and the rifle was owned prior May 10, 2015, I'd hand shake deal and F' Oregon and their BS.

This.

 

[Stomper]

Are you and @solv3nt attorneys, or did you both stay at a Holiday Inn last night? Not together of course. Well... I'm not judging.

Actually, @Knobgoblin and @solv3nt do their work behind Holiday Inns at night…..

 

[solv3nt]

Actually, @Knobgoblin and @solv3nt do their work behind Holiday Inns at night…..

How else do you think I make my gun budget?

 

[Member 53328]

How else do you think I make my gun budget?

Twenty bucks is twenty bucks.

 

[solv3nt]

Twenty bucks is twenty bucks.

I only deal for primers.

 

[titsonritz]

Twenty bucks is twenty bucks.

I have a friend that is a total homophobe, so as I walk our go to bar I say to the whole place..."I'm not gay but twenty bucks is twenty bucks"...and then proceed to sit down at his table.