Legality of selling an Off-List pistol ~ weird case

[Tyrenlds]

A friend of mine wants to sell his Glock17 gen4. Loves it, but needs the money. Anyway, the condition under which he purchased the gun is a possible cause for concern. The FFL was ignorant regarding the Gen4's not being on the roster and DROS'd the gun as a regular G17. DROS went fine, gun came with 3 10-round ambi magazines. All was well.

From reading the boards here it seems that the only legal way to own on off roster gun is by PPT, out of state, from an LEO, or intra-family. My friend's situation doesn't fall into any of those categories and as such could open his gun up to seizure by the ATF.

The question is: What happens when he tries to do a PPT to another seller. Being that the new seller received the gun under one of the legal means, does the seizure risk become null for him?

TL: DR... Can my friend sell this gun without screwing the buyer over? and/or will the PPT even go through?

[Josh3239]

ATF doesn't care, they enforce federal law not state laws like the California safe handgun list.

From my understanding, if the handgun was DROSed and registered to your friend it is his. If the DOJ comes down on any one it will be on the FFL. Since the handgun is your friends, I'd guess he can do whatever he wants with it.

[Mike's Custom]

It is not illegal for a person to buy a non-rosterd hand gun. It is illegal for a FFL to sell a non-LEO a non-rostered hand gun. The buyer is not at fault but the FFL selling it was and can be held accountable.

[damndave]

Just go do the PPT and you will be fine. You will be legally purchasing the pistol. Your friend was not at fault when purchased, it is the transferring FFL who was.

I would wait for a FFL here to respond though.

[cineski]

Kittens are going to die now.

[Tyrenlds]

I would wait for a FFL here to respond though.

Hopefully an FFL will be able to chime in on this. Thanks to everyone for their responses.

[Gunhacker]

Pardon if this sounds like a dumb as a fence post question, but can someone explain why the G17 gen4 is considered "off roster"?

When you go to the Glock website and pull up their line of pistols, it just lists G17 as the model for the full sized 9mm.

Wait... let me guess, the "gen4" stamped on the slide makes it a different model than the rostered G17 even though it's basically the same gun?

[Andy Taylor]

Pardon if this sounds like a dumb as a fence post question, but can someone explain why the G17 gen4 is considered "off roster"?

When you go to the Glock website and pull up their line of pistols, it just lists G17 as the model for the full sized 9mm.

Wait... let me guess, the "gen4" stamped on the slide makes it a different model than the rostered G17 even though it's basically the same gun?

Yep, that's why. Just like a blue version and a nickel version of the same gun must be listed as seperate models.

[SJgunguy24]

It is not illegal for a person to buy a non-rosterd hand gun. It is illegal for a FFL to sell a non-LEO a non-rostered hand gun. The buyer is not at fault but the FFL selling it was and can be held accountable.

Not if that gun was configured as a single shot.

[Mike's Custom]

Hopefully an FFL will be able to chime in on this. Thanks to everyone for their responses.

I am a FFL. It can be transfered as a PPT. The FFL that sold the non-rosted firearms is the one it will come back on not the purchaser. The selling FFL can try to get the weapon back from the buyer but the buyer is not responsible. If the selling FFL was to ask for it back and then make it right for the buyer then the buyer should give it back if he uses that FFL for his purchases. It would be a great way to get a FFL on his "friendly" list.

[Speedpower]

What if the 1911 pistol started it's life as a .45 which is on the roster, but then it was converted to a 9mm which is not on the roster, what happens now? will it be considered an off the list gun when sold as a 9mm?

[five.five-six]

It is not illegal for a person to buy a non-rosterd hand gun. It is illegal for a FFL to sell a non-LEO a non-rostered hand gun. The buyer is not at fault but the FFL selling it was and can be held accountable.

yes, because only LEOs are supposed to have guns that are unsafe

[darkest2000]

Nothing will happen. ATF doesn't give a damn about State laws that's the end of it. If course if your friend starts bragging about it over the internet and start naming FFLs, then MAYBE the FFL will get a slap on the wrist.

DOJ system isn't designed to track where the handgun originally come from. if he resells it the DROS will go through just like the first time when his DROS went through.

[Rover]

Not if that gun was configured as a single shot.

A single shot pistol is not an off list pistol, it's a roster exempt pistol, if you convert the single shot into a multi-shot again, then it's an off list. Clear as mud right?

[Tyrenlds]

I am a FFL. It can be transfered as a PPT. The FFL that sold the non-rosted firearms is the one it will come back on not the purchaser. The selling FFL can try to get the weapon back from the buyer but the buyer is not responsible. If the selling FFL was to ask for it back and then make it right for the buyer then the buyer should give it back if he uses that FFL for his purchases. It would be a great way to get a FFL on his "friendly" list.

Thanks for the info Mike. BTW I went to North High School