Transfer question

danzig · 03-03-2010, 01:15 PM

I have a question about a pistol I sold, I sent it to the ffl dealer of the buyer to be legal. The guy is a total AH IMO. First off he would not transfer the gun with my C&R as an ID, fine, I sent a copy of my DL and he still refuses to transfer the gun and when I called he chastized me for sending it USPS and said I was illegal and was trying to weasel out of being illegal. What ever.

Now he wants my DL faxed to him, with the gun info and a statment signed and dated plus some other info. I think I am at my breaking point with this guy, he is one of the old school I know everything and you are always wrong if you dont let me be block captian. The DL is optional and I gave it to him. I lost my temper and told him to send it back and we would find a good dealer to work with. He said he would only send it to another FFL. Any ideas?

c3006 · 03-03-2010, 02:02 PM

You wont like hearing this ,but he as you at a great disadvantage. Do whatever it takes to make him happy and get it overwith. It is up to yop if you let him win by makeing you crazy. Get thru it,be done with him and move on. Good luck c

zinfull · 03-03-2010, 03:13 PM

He is some what correct in that you should not be able to use the USPS. It is not a dealer to dealer exchange. But that is a minor problem and after he has received the pistol it does not matter. Yeah you get that all the time in CA. Most will not take a gun from any one except a FFL01. It dees not matter how much you show them and that they can not show you anything they still stick to their BS way. Good luck.

jerry

Curly1 · 03-03-2010, 03:46 PM

Depends on what state he is in. Maybe he needs the additional info. My FFL will accept from and send to C&R. The guy you sold too should have found that it before you sent it IMO, that's what I would have done.

MikeP · 03-03-2010, 04:28 PM

Chaulk it up to a lesson in details and personalities.
Dealers are under such fire today you really cannot blame them for what we might percieve as overly persnicative.

Edward Tinker · 03-03-2010, 04:28 PM

A PERSON DOES NOT HAVE TO EVEN HAVE AN FFL TO RECIEVE THEIR PISTOL BACK IF SENT TO A FFL.

THIS IS STATED IN THE ATF REGULATIONS; A GUN REFUSED, A GUN FIXED AND IT CAN LEGALLY BE SENT BACK TO ANYONE, LET ALONE A C&R.

Tell him that you will notify the ATF and local police that HE illegally has your pistol and will not return it.

http://www.atf.gov/publications/down...f-p-5300-4.pdf

Quote:

§ 922 Unlawful acts.

(a)

It shall be unlawful—

(1)
for any person—
(A)
except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing
in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

(B)
except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the
course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

(2)

for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce

any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer,

(A)

this paragraph and subsection

(b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

lew1 · 03-03-2010, 05:02 PM

Quote:

Originally Posted by danzig

I have a question about a pistol I sold, I sent it to the ffl dealer of the buyer to be legal. The guy is a total AH IMO. First off he would not transfer the gun with my C&R as an ID, fine, I sent a copy of my DL and he still refuses to transfer the gun and when I called he chastized me for sending it USPS and said I was illegal and was trying to weasel out of being illegal. What ever.

Now he wants my DL faxed to him, with the gun info and a statment signed and dated plus some other info. I think I am at my breaking point with this guy, he is one of the old school I know everything and you are always wrong if you dont let me be block captian. The DL is optional and I gave it to him. I lost my temper and told him to send it back and we would find a good dealer to work with. He said he would only send it to another FFL. Any ideas?

Tell him to send it back to you - you have an FFL.

lew1 · 03-03-2010, 05:05 PM

Quote:

Originally Posted by MikeP

Chaulk it up to a lesson in details and personalities.
Dealers are under such fire today you really cannot blame them for what we might percieve as overly persnicative.

Some people are just that part of the donkey that faces east when the donkey is going west.

danzig · 03-03-2010, 05:11 PM

Thanks, I am going to play that card and tell him to ship it back, transfer it or I will call the ATF

Edward Tinker · 03-03-2010, 05:20 PM

Just have the ATF Regulation # handy ie: ATF Reg 5300.4 paragraph 922 subsection A, 2, B, 3

I worked with gov't regulations for years and when you can quote an exact page; it gets them going, in a good way.

you just tell them, In Accordance to ATF Reg, blah, blah, you are required to send it back to me as requested. Failure to do so and I will have to contact the local ATF.

Then he'll get his back up, say, no problem, I'll contact the local ATF and state the exact same regulation and provide your phone number and name to them.

Ed

DavidJayUden · 03-03-2010, 05:27 PM

Look at the bright side. Once the dust settles and you have your gun back you can bad-mouth him to everyone who will listen. Maybe even cost him some business.
dju

danzig · 03-03-2010, 05:35 PM

Thanks for the regulation. I called the local SP and am expecting a call back. I told the buyer that he has two days more [its been a month] and I am turning the gun in as stolen.

03-03-2010, 01:15 PM	#1
danzig Banned Join Date: Feb 2007 Location: kansas Posts: 111 Thanks: 0 Thanked 1 Time in 1 Post	Transfer question I have a question about a pistol I sold, I sent it to the ffl dealer of the buyer to be legal. The guy is a total AH IMO. First off he would not transfer the gun with my C&R as an ID, fine, I sent a copy of my DL and he still refuses to transfer the gun and when I called he chastized me for sending it USPS and said I was illegal and was trying to weasel out of being illegal. What ever. Now he wants my DL faxed to him, with the gun info and a statment signed and dated plus some other info. I think I am at my breaking point with this guy, he is one of the old school I know everything and you are always wrong if you dont let me be block captian. The DL is optional and I gave it to him. I lost my temper and told him to send it back and we would find a good dealer to work with. He said he would only send it to another FFL. Any ideas?

03-03-2010, 02:02 PM	#2
c3006 User Join Date: Sep 2005 Location: east tn Posts: 526 Thanks: 5 Thanked 12 Times in 5 Posts	You wont like hearing this ,but he as you at a great disadvantage. Do whatever it takes to make him happy and get it overwith. It is up to yop if you let him win by makeing you crazy. Get thru it,be done with him and move on. Good luck c __________________ Men Accustomed unto thier arms and their liberties will never endure the yoke. James Harrington 1776

03-03-2010, 03:46 PM	#4
Curly1 User Join Date: Oct 2005 Location: Upstate New York Posts: 1,244 Thanks: 125 Thanked 715 Times in 372 Posts	Depends on what state he is in. Maybe he needs the additional info. My FFL will accept from and send to C&R. The guy you sold too should have found that it before you sent it IMO, that's what I would have done. __________________ Laugh hard and often. Gary

03-03-2010, 05:20 PM	#10
Edward Tinker Super Moderator Eternal Lifer LugerForum Patron Join Date: Jun 2002 Location: North of Spokane, WA Posts: 15,960 Thanks: 2,062 Thanked 4,591 Times in 2,114 Posts	Just have the ATF Regulation # handy ie: ATF Reg 5300.4 paragraph 922 subsection A, 2, B, 3 I worked with gov't regulations for years and when you can quote an exact page; it gets them going, in a good way. you just tell them, In Accordance to ATF Reg, blah, blah, you are required to send it back to me as requested. Failure to do so and I will have to contact the local ATF. Then he'll get his back up, say, no problem, I'll contact the local ATF and state the exact same regulation and provide your phone number and name to them. Ed __________________ Edward Tinker ************ Co-Author of Police Lugers - Co-Author of Simson Lugers Author of Veteran Bring Backs Vol I, Vol II, Vol III and Vol IV

03-03-2010, 03:13 PM	#3
zinfull Lifer Lifetime Forum Patron Join Date: Dec 2004 Location: Sonoma County CA Posts: 244 Thanks: 5 Thanked 34 Times in 17 Posts	He is some what correct in that you should not be able to use the USPS. It is not a dealer to dealer exchange. But that is a minor problem and after he has received the pistol it does not matter. Yeah you get that all the time in CA. Most will not take a gun from any one except a FFL01. It dees not matter how much you show them and that they can not show you anything they still stick to their BS way. Good luck. jerry

03-03-2010, 04:28 PM	#5
MikeP User Join Date: Jun 2002 Location: ILL Posts: 686 Thanks: 36 Thanked 452 Times in 198 Posts	Chaulk it up to a lesson in details and personalities. Dealers are under such fire today you really cannot blame them for what we might percieve as overly persnicative.

03-03-2010, 05:11 PM	#9
danzig Banned Join Date: Feb 2007 Location: kansas Posts: 111 Thanks: 0 Thanked 1 Time in 1 Post	Thanks, I am going to play that card and tell him to ship it back, transfer it or I will call the ATF

03-03-2010, 05:27 PM	#11
DavidJayUden Patron LugerForum Patron Join Date: Nov 2008 Posts: 4,047 Thanks: 578 Thanked 1,414 Times in 887 Posts	Look at the bright side. Once the dust settles and you have your gun back you can bad-mouth him to everyone who will listen. Maybe even cost him some business. dju

03-03-2010, 05:35 PM	#12
danzig Banned Join Date: Feb 2007 Location: kansas Posts: 111 Thanks: 0 Thanked 1 Time in 1 Post	Thanks for the regulation. I called the local SP and am expecting a call back. I told the buyer that he has two days more [its been a month] and I am turning the gun in as stolen.