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View Full Version : If I sell a gun before ffl receives it do I have to dros it first?


CAGLS
11-27-2012, 1:05 PM
I'm contemplating on selling a gun I have on layaway. Do I have to start dros to myself or can the purchaser start dros once the sale was made? By the time the ffl receives the gun it would be 30 days since my last purchase. This way I don't have to go into a 30 wait again to pick up the next one. Or is this considered a straw purchase?

Never mind, I think it would be considered a straw purchase. By what I've read I have to dros it first then do a PPT after, please confirm if I'm right.

JeremyS
11-27-2012, 1:30 PM
The new buyer can't just take over your layaway process? Pay you for what you've already spent, then pay the rest of the payments himself? That would make him the buyer, not you. You don't count as having purchased the gun until you've actually purchased it (finished the layaway process and paid it off).


btw a straw purchase means buying a gun for somebody else. It doesn't matter if you put it in your name or not. If you buy it for somebody else, register it in your name, then sell it to that person you've done a straw purchase. In your situation, you did not purchase it for somebody else. You bought it for yourself but changed your mind and have now decided to sell it. If you cannot simply cancel the layaway process and get your money back, which would likely be the best possible thing to do if you're concerned about possible legal gray areas, then you have no choice and you should complete the purchase so you don't lose out on your money that you've already spent and then you should sell the gun. This is not a straw purchase because you didn't start the buying process with the intent of turning around and selling it to this person. Besides, he has to go through the whole legal process to purchase it from you anyway. Straw purchases are really about buying a gun for somebody who cannot legally obtain one themselves. You're on the up-and-up here going through an FFL for the private party transfer after you purchase it, if you're forced to actually go through with the purchase.

nikki#2
11-27-2012, 1:43 PM
No, I do not believe so (if I understand your question correctly).

I had a similar situation a couple of years ago where I bought a gun off Gunbroker and had it shipped to my FFL (Rob Blank in Milpitas).

I changed my mind and decided I didn't want the gun prior to the transfer and resold it on GB. I just had my FFL ship it to the new owner and never completed the DROS.

CAGLS
11-27-2012, 7:03 PM
Btw, I don't have a buyer since I haven't listed it for sale yet. I have used this ffl for 5 gun transfers now. I just thought it may be red flagged if someone starts dros other than the initial purchaser, me. Idk, but better be safe than sorry. I could cancel the lay away but this gun hard to find and I can sell it for a little profit to fund a different gun. So I'll have to ask my ffl about this scenario.

brianm767
11-27-2012, 7:27 PM
Straw purchases are really about buying a gun for somebody who cannot legally obtain one themselves. I This would be a straw purchase, but the definition of a straw purchase is buying a gun on some else's behalf for the purpose of the true buyers identity being hidden, the true buyer might be fully capable of buying it for them selves.

Example, I can legally buy a gun, I have no restrictions at all, but if I have someone buy me a gun so it is not in my name, that is a straw purchase, so it doesn't have to involve some one who is prohibited, though it often does.

Not the case here, but yes you can buy a gun for some else, (that means you are actually buying it with your money) you are allowed to buy guns as gifts for others, but yes you do need to complete the appropriate transfer of the gun to the giftee.


Talk to your FFL, if you haven't started the DROS, he/she may work something out for you by refunding your payments, If you did start the DROS , you can cancel it and lose your fees, or complete the purchase then re sell the gun. You can not sell the gun until you own it.

mugiwara
11-27-2012, 8:19 PM
unless youve done dros and 10 day wait, then picked it up, that gun isnt yours to sell.

CAGLS
12-01-2012, 12:49 PM
unless youve done dros and 10 day wait, then picked it up, that gun isnt yours to sell.
Once it's paid for ownership is mine, just not registered to me in CA. Just spoke with my ffl and said I can sell it without drosing it so buyer pays for out of state transfer fee and dros at the ffl the gun was delivered to. So the next buyer can start dros w/o me drosing it first.