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Theres a pawn shop in beaverton that I used a couple of times for person to person transfers. Before covid the shop takes possession of the firearms while BGC is being approval. But during covid this shop gives back the firearm to the seller until the BGC is approved. And once the BGC is passed the seller and buyer would meet up again and exchange firearm/money.

I talked to another pawn shop in Portland and they said that once the pawn shop logs the firearm into their log that the shop must take possession of the firearm until the BGC clears.

Am I missing something? Who's right? Both?
 
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Have heard similar stories as described by OP.

From what I understand, for those FFL’s doing suchly, they are not taking possession / completing the bound book / 4473.

They are finalizing such at the time of approval.

No idea on what truly occurs on the FFL side, as am not an FFL.

However, IMO, seems perfectly reasonable to be doing such. Particularly given the potential backlog of BGC’s. Would seem that secured space would be at a premium while waiting for the go ahead. Something not all FFLs would reasonably have available.
 
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Facilitating Private Sales BATF

If I was a FFL, the seller would retain possession. If the buyer can't take it and the FFL has possession, the seller would have to complete a 4473 before getting it back. The seller retaining possession until the buyer is approved prevents this. THe FFL taking the gun to the backroom while processing the back ground check is not the FFL taking possession. The buyer leaving it with the FFL is.
 

ZA_Survivalist

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Theres a pawn shop in beaverton that I used a couple of times for person to person transfers. Before covid the shop takes possession of the firearms while BGC is being approval. But during covid this shop gives back the firearm to the seller until the BGC is approved. And once the BGC is passed the seller and buyer would meet up again and exchange firearm/money.

I talked to another pawn shop in Portland and they said that once the pawn shop logs the firearm into their log that the shop must take possession of the firearm until the BGC clears.

Am I missing something? Who's right? Both?
I see it as policy Not covid, them holding onto firearms makes them liable. Scratches, dings.. anything the buyer missed pre purchase technicallt could be put on them.. but tin foil hat aside.. its about storage space.. with the wait times 2-4 days in some instances it makes them an unpaid storage.. they arent getting paid to hold onto the firearms. The transfer fee is simply for facilitating the immediate transfer. If they were smart they’d offer storage for an additional minimal fee ($5?) as it would save the seller time. Id certainly pay them an extra $5 to hold a firearm for a day or two so I wouldnt have to come back to just hand the sold firearm to the new owner.
 

blinded

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I think it makes sense. The thing I’ve wondered since the long wait times started is what if the buyer doesn’t pass the background check, and they’ve already paid the seller? If the seller wasn’t worried about being honest, what recourse would the buyer have to get his money back? I’m sure that situation has come up somewhere in all this This way the money wouldn’t change hands until the firearm actually can.
 
I think it makes sense. The thing I’ve wondered since the long wait times started is what if the buyer doesn’t pass the background check, and they’ve already paid the seller? If the seller wasn’t worried about being honest, what recourse would the buyer have to get his money back? I’m sure that situation has come up somewhere in all this This way the money wouldn’t change hands until the firearm actually can.

In the event the FFL has taken possession of the firearm, then it is truly between the FFL and the buyer.

Most cases I’ve heard of anecdotally, the original seller and the buyer come to an agreement, with just compensation to the seller involved (due to lost time, travel & the need to have another BGC done to get the firearm back to the seller from the FFL).

The entire BGC system is a scam, IMO, and truly should go the wayside. But everyone has an opinion, and morons vote. So we are where we are.
 
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