FFL refuses to ship gun back to seller directly. Insist it go thru FFL. WHY?

venturasailing

New member
There seems to be a lot of misinformation, guessing and hearsay(uneducated non-sense) So please, only answer if you can show the law(ATF rules, state laws etc.)

Recently I had a buyer of my rifle (thru GB) inform me that his ffl would not do a transfer for him because I was not an ffl and I was out of state. He did say he would do it if I sent the rifle through an ffl. He did say though it was legal(and I know it is) to do a transfer from a non ffl but he said he won't because too many frauds and crooks steal ffl lic copies and ship stolen guns etc etc.

All that said and my real question... he ended with the other issue he claims. That is he said that if the buyer refuses the gun(for what ever reason) he could not legally ship it back directly to me. I would have to go through a FFL.

Well, my common sense says that is ridiculous. I also heard others claim that to because "they" say it has to be transferred back to you. Well, that's even more ridiculous. I am still the legal owner of the rifle according to the DOJ etc. Why would the rifle need to be re-transferred to me? My ffl said that it would be silly to re transfer it because it was never transferred out of my name. It would serve no purpose and probably confuse the DOJ when they got the paper work. I can just hear what the DOJ guy might say: "HEY, LOOK AT THIS JOHN...THIS GUY BOUGHT A GUN, HAD IT TRANSFERRED INTO HIS NAME YEARS AGO AND NOW WANTS TO TRANSFER IT AGAIN TO HIMSELF. WHAT???? I do know if you mail your gun to a gunsmith for work he can send it right back to you...no FFL needs to be involved. My own ffl says of course the ffl can return your gun directly to you...it's your gun. You own it. He went on to say that if he insist on going through another ffl he would just charge me a handling fee for his trouble and hand it to me over the counter when it arrives. Because no papwork needs to be done. What would that paperwork be? What would it indicate? There are no such forms nor laws that say you have to go through an ffl just to get your gun back. I already own the gun. In fact my ffl was the guy who did the original transfer to me years ago so he said you can not re-transfer a gun back to yourself unless it was transferred out of my name. So what's the deal?

Can someone show me the LAW and not just say you heard it from a guy who knows he read it somewhere. I want the letter of the law. There is so much misinformation out there on gun laws it's practically a comedy. Thanks in advance. I see it it like this analogy: Say I want to ship my car to a Las Vegas car dealer who says he has a customer who wants it because it's a classic and he's got a customer for it. So I ship it to him. But the buyer backs out(too much rust he says). Okay, ship it back to me. But the dealer says "NO". I can only ship the car to a "car dealer" so it can be re-registered back into your name. Uh, no....it's already registered to me...it's my car. Ship me my f'king car back.
 
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welcome to TFL

Someone here might be able to help you with the relevant law citations, I'm sorry, I can't. I can only give you some general information, which, from your post, you could use.

First point is that shipping or transferring guns is not handled like any other property. Keep your common sense in a safe place because you won't find a lot of it in the can of worms that are the rules applying to firearms.

What you have to deal with are Federal firearms laws, US Postal regulations, State laws, the rules of "common carriers" such as Fed Ex and UPS, and then on top of those, the business rules of the FFL's involved.

The only common thing in the morass of laws and rules is all of them allow FFL to FFL transfers.

beyond that, it can get tricksy.

Where do you live, what state laws apply to "transfers"?? There are several that will not allow an FFL to give you your own property back unless you pass a background check.

Also understand that different laws/rules are applied to ownership and possession and the transfer of either or both. Its not like a car.

Whether or not a law applies depends on the laws where you and your FFL are located. For example where I am, if you take your gun to an FFL my STATE considers it a transfer of possession but not ownership, but the law about backgound checks being needed is written covering transfers and doesn't address ownership.

FFL dealers these days often have their own business rules to only ship FFL to FFL, even when Fed law doesn't require it. Its a CYA thing for dealers, by shipping to another FFL they can be confident that any requirements on the receiving end that they may not be aware of will be handled by the receiving FFL.

That is, entirely their choice, and many choose it.

Sorry I can't give you specific law cites, I don't have the resources for that.

If you've got the $, pay a lawyer (who deals with gun laws) and have them draw up a list of the relevant laws, Federal and State. That should get you the most sound and complete information on the laws. For UPS/Fed Ex rules, you'd have to ask them (all the rules might not be on a website)
ANd of course the FFL you are planning to use will tell you their own additional rules, if any.

Sadly, just because it makes sense doesn't mean the laws & rules will allow it.
 
The applicable federal law is 18 U.S. Code Section 922.

https://www.law.cornell.edu/uscode/text/18/922

Start with (a)(2)(A)

As 44 AMP has noted, state laws may also apply. The other thing to understand is that just because an FFL may ship a firearm directly back to the person from whom he received it, the law does not say that they must do so. Some prefer to avoid the potential liability.
 
I see it it like this analogy: Say I want to ship my car to a Las Vegas car dealer who says he has a customer who wants it because it's a classic and he's got a customer for it. So I ship it to him. But the buyer backs out(too much rust he says). Okay, ship it back to me. But the dealer says "NO". I can only ship the car to a "car dealer" so it can be re-registered back into your name. Uh, no....it's already registered to me...it's my car. Ship me my f'king car back.

Difference between a firearm and a car is that there is an agency that scrutinizes the FFL when there is any sort of questionable transaction.

So, you send a firearm to that out of state dealer. When the firearm arrives, the FFL logs into their book. At that point, the FFL is responsible for the firearm. The sale aspect is not a concern of the FFL, unless they bought the firearm. The buyer comes in and pays whatever fee for the transfer… firearm is now the buyer’s firearm. If you don’t get paid… FFL isn’t responsible as you disposed to them, they acquired it and then disposed to the buyer. You’d go after the buyer, not the dealer.

Now if your buyer buys it, the dealer transfers it out to them on 4473. Only way without 4473 would be if the buyer is also a FFL.

For an FFL to send a firearm out of state to an individual… it must be sent to a FFL, who transfers to the individual on 4473.

So go back to your scenario… yes, the FFL can see that you sent them the firearm. However, I will say for you to show me anywhere in USC or CFR that allows an FFL to just send it back to the original transferee. There isn’t such a law on the books, as even pawnbrokers must follow the same laws (and that’s clearly the person’s property with a ticket showing so). Same is true if you put a gun on consignment and it didn’t sell. Unless you are a FFL, the dealer can’t just say, “well he had the gun, so he is good for me to send it right back.” Crossing state lines… it must go to a FFL. If you are the individual… you get it from the FFL on 4473.

This is what I use for my reference. A friend with ATF gave me a copy when I first got my C&R. In regards to quoting law… I recommend looking towards the back of the book where there is a very good Q&A, which has laws notated after the answer.

I would look at Q&A Sections B (Unlicensed Persons) and G (Conduct of Business - Licensees. They start on pages 197 and 202, respectively. Think you’ll be able to look up the associated laws from there.

https://www.atf.gov/firearms/docs/g...rence-guide-2014-edition-atf-p-53004/download
 
venturasailing There seems to be a lot of misinformation, guessing and hearsay(uneducated non-sense) So please, only answer if you can show the law(ATF rules, state laws etc.)
https://www.ecfr.gov/current/title-27/chapter-II/subchapter-B/part-478/subpart-F/section-478.99
and
https://www.ecfr.gov/current/title-27/chapter-II/subchapter-B/part-478/subpart-H/section-478.125

Recently I had a buyer of my rifle (thru GB) inform me that his ffl would not do a transfer for him because I was not an ffl and I was out of state. He did say he would do it if I sent the rifle through an ffl. He did say though it was legal(and I know it is) to do a transfer from a non ffl but he said he won't because too many frauds and crooks steal ffl lic copies and ship stolen guns etc etc.
Why would you ship a firearm to an FFL that has a policy of only accepting transfers from another FFL?
Did you not speak to the receiving dealer?


All that said and my real question... he ended with the other issue he claims. That is he said that if the buyer refuses the gun(for what ever reason) he could not legally ship it back directly to me. I would have to go through a FFL.
He's correct.
The only exception is the direct return of a repaired or replacement firearm.



Well, my common sense says that is ridiculous. I also heard others claim that to because "they" say it has to be transferred back to you. Well, that's even more ridiculous.
Yet it's been federal law for over half a century.


I am still the legal owner of the rifle according to the DOJ etc. Why would the rifle need to be re-transferred to me?
Ownership has nothing to do with anything. Interstate transfers of firearms are about lawful possession.


My ffl said that it would be silly to re transfer it because it was never transferred out of my name.
Your FFL is a moron.


It would serve no purpose and probably confuse the DOJ when they got the paper work.
If by "DOJ" you mean the ATF......well, they don't get paperwork for any firearm transfer.


I can just hear what the DOJ guy might say: "HEY, LOOK AT THIS JOHN...THIS GUY BOUGHT A GUN, HAD IT TRANSFERRED INTO HIS NAME YEARS AGO AND NOW WANTS TO TRANSFER IT AGAIN TO HIMSELF. WHAT????
Who is this DOJ guy?


I do know if you mail your gun to a gunsmith for work he can send it right back to you...no FFL needs to be involved.
Correct. Thats the only exemption.



My own ffl says of course the ffl can return your gun directly to you...it's your gun. You own it.
Your moron of an FFL needs to read him some ATF regs before he commits a felony.


He went on to say that if he insist on going through another ffl he would just charge me a handling fee for his trouble and hand it to me over the counter when it arrives. Because no papwork needs to be done.
And thats a felony.



What would that paperwork be? What would it indicate? There are no such forms nor laws that say you have to go through an ffl just to get your gun back. I already own the gun. In fact my ffl was the guy who did the original transfer to me years ago so he said you can not re-transfer a gun back to yourself unless it was transferred out of my name. So what's the deal?
You are in this predicament because you either ignored the policy of the receiving dealer or you didn't contact him prior to shipment to find out his policy. Your buyer should have known this before buying the gun.
When a receiving dealer has a policy of accepting firearm shipment only from other FFL's.......just take the gun to an FFL in your town who will ship it for you.

Since the buyer of your gun chose that FFL, he should have been aware of his own dealers transfer policies.

Now that the buyers dealer is going to ship it back, he can't ship directly to you. He'll ship to a dealer of your choosing. Once in your FFL's moronic paws, he can log it in and transfer to you via Form 4473/NICS or log it back out and ship right back to your buyers FFL. Your buyers FFL will be happy because he received from another FFL.


Can someone show me the LAW and not just say you heard it from a guy who knows he read it somewhere. I want the letter of the law. There is so much misinformation out there on gun laws it's practically a comedy.
Thats because people are lazy......just like you.;) You could have Googled "federal firearms law" and literally have the ATF.gov link as well as a quick and easy Wikipedia explanation of federal gun laws right in front of you.

Guns are serious business. Federal gun laws are serious business. One mistake, even one that doesn't make "common sense" to you, could mean you lose your right to own or possess guns foreaver. It's not something to take lightly.



Thanks in advance. I see it it like this analogy: Say I want to ship my car to a Las Vegas car dealer who says he has a customer who wants it because it's a classic and he's got a customer for it. So I ship it to him. But the buyer backs out(too much rust he says). Okay, ship it back to me. But the dealer says "NO". I can only ship the car to a "car dealer" so it can be re-registered back into your name. Uh, no....it's already registered to me...it's my car. Ship me my f'king car back.
Well, there is no federal firearm registration except for NFA firearms. So your analogy is irrelevant. That you filled out a Form 4473 on a gun ten years ago has nothing to do with anything. It does not register the gun to you.
 
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Cheaters and Liars !!!

Well, my common sense says that is ridiculous. I also heard others claim that to because "they" say it has to be transferred back to you. Well, that's even more ridiculous.
Whose "common-sense"??? Every stated has different laws but what they have in common is that there are too many liars, cheaters and stealers and still, these laws don't stop them. ..... :rolleyes:

Every transfer I have ever done since the late 60's, is from FFL-dealer to FFl-dealer. I support this and even promote it. Is there some infringement? You bet.:rolleyes:

Be Safe !!!
 
As I understand it, the law has been superseded by fedup company policy to only ship guns FFL to FFL.

I think that's a poor way to phrase it. Laws are never superseded by any private company rules.

I get it that the practical results are what we have to live with and use, but that doesn't affect the law. If there is no company that allows you to do what the law allows you to do, that's not a problem with the law, and the law is not superseded or in any way changed.
 
If the company won't let me do what the law does, you don't have to call it supersede, but it is still more restrictive and repressive.

I am suspicious enough to wonder if it might be a case of "jawboning" of companies by bureaucrats who can't get governmental laws and regulations restrictive enough to suit them.
 
It is pretty odd--for example I have sent more than one firearm back and forth to a manufacturer licensed business that didn't require any FFL forms at all, all that mattered was that pre-printed call tag. I might have had to include a copy of a sales receipt, but that was about it IIRC.
 
I have sent more than one firearm back and forth to a manufacturer licensed business that didn't require any FFL forms at all,

I think the answer is in the fact that they are licensed businesses. Their FFL's may not (are not) the same class of licenses as your local gunshop, but they allow the same abilities, and then some.

Federal law still allows you to ship a firearm directly to a manufacturer/gunsmith for repair or customization and they can ship it directly back to you.

The law doesn't require this, it allows it. What the USPS and UPS/FEDEX or other shippers require (or allow) can be anything, provided it doesn't break some law, or postal service regulation.

Another way to look at it is that when a manufacturer sends you a shipping label, the shipping company is providing a service for them, not for you.

I think its quite possible that the gun manufacturer might get a "volume discount" or be able to operate under a different set of shipping company rules than you or I as an individual customer.
 
stagpanther It is pretty odd--for example I have sent more than one firearm back and forth to a manufacturer licensed business that didn't require any FFL forms at all, all that mattered was that pre-printed call tag. I might have had to include a copy of a sales receipt, but that was about it IIRC.
While federal law hasn't changed regarding the return of a repaired firearm, common carrier policies have.

Fail to abide by federal law and you commit a felony.
Fail to abide by USPS regulations and you commit a felony.
But......
Fail to abide by the carriers policies and its NOT a felony, BUT they can deny any claim for loss, damage or theft.

Both FedEx and UPS prohibit a nonlicensee from shipping a firearm.
Both FedEx and UPS require FFL's to enroll in their FFL shipping programs before shipping firearms.

A manufacturer sending a call tag so a nonlicensee can ship FedEx or UPS does not change the carriers policies.


Jim Watson The call tag seems to be about the only way for an American Commoner to ship a gun anymore.
It violates FedEx/UPS policies.
 
A manufacturer sending a call tag so a nonlicensee can ship FedEx or UPS does not change the carriers policies.

Quote:
Jim Watson The call tag seems to be about the only way for an American Commoner to ship a gun anymore.

It violates FedEx/UPS policies.

Yet it is routinely being done.
Employees don't know or understand policy?
Fedups letting it pass to get the business?
 
Which doesn't matter one bit.
It has in every case of returning of a firearm to a manufacturer without needing to go through FFL that I've done. The manufacturer maintains permanent record of the serial number, the original transfer went through an FFL already and ownership has not changed and the manufacturer does not need an FFL to receive back a firearm. That's pretty much the legal mechanics as I understand it. If the shippers wake up on the wrong side of the bed and decide they want to change things up--that's a different issue.
 
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It may also be the common carrier's policy to accept a return slip issued by the manufacturer as being equivalent to an FFL doing the shipping, albeit remotely.
 
So here's an extra loop you might find interesting. An FFL licensee/gun shop that I've used for many years recently called me and told me that they had refused a delivery of a weapon I had ordered because the delivery service demanded that they--the FFL gun shop--provide the delivery driver photocopies of their ID's--much as we are required when we do the transfer. They apologized to me and told me I might not get my gun through them, but they were not going to budge.

I told them I supported them 100% and not to worry about the delivery. The shipping company eventually backed off .
 
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