Question for an FFL

[Rudolf the Red]

I just posted something I learned today from an ATF officer in the recent Coonan thread but I really want to hear from people who actually sell guns because I am about to sell them myself.

This investigator told me that consignment handguns need to be on the roster of approved handguns or they are only eligible for sale out of state or to LEO on letterhead. Only PPT's and intra-familial gifts from out of state are exempt from the roster requirement.

I see non-roster handguns on consignment all the time so what is going on here?

[hawk1]

Not true.

[Quiet]

The feds only worry/concern themselves with federal laws.

The approved list is a state thing.

So, the ATF agent may not know that consignment handguns do not have to be on the approved list.

[Miltiades]

Typical ignorance

The ATF agent clearly does not know California law. The whole point of "consignment" in a CA gun shop is to allow a private party transfer of a handgun not on the approved list. Once the dealer takes ownership of the gun, it is not eligible for a private party transfer.

This simply illustrates the Byzantine complexity of the CA gun laws, when a federal agent who considers himself knowledgeable about gun laws can't get it right. Or maybe it illustrates the limited mental capacity of some federal bureaucrats. Or both.

[ar15barrels]

Consignment guns are owned by the people that consign them until such time that they are private party transferred to a new owner.
If a shop flat-out purchases the handgun, it would be subject to the roster.
That's why shops won't usually purchase non-rostered handguns unless they are getting them super cheap.
They could only sell them to LEO or out of state.

[Rudolf the Red]

Ok. So a consigned handgun is still the property of the owner but is obviously logged into the bound book while in the dealer's possession. Does the owner need to be DROS'ed to get it back if it does not sell or they simply change their mind?

[hawk1]

Ok. So a consigned handgun is still the property of the owner but is obviously logged into the bound book while in the dealer's possession. Does the owner need to be DROS'ed to get it back if it does not sell or they simply change their mind?

No DROS, but I think they will do a form 4473 though.

[Bobshouse]

Ok. So a consigned handgun is still the property of the owner but is obviously logged into the bound book while in the dealer's possession. Does the owner need to be DROS'ed to get it back if it does not sell or they simply change their mind?

Yup, along with the 10 day wait....

[Rudolf the Red]

Ok. So a consigned handgun is still the property of the owner but is obviously logged into the bound book while in the dealer's possession. Does the owner need to be DROS'ed to get it back if it does not sell or they simply change their mind?

No DROS, but I think they will do a form 4473 though.

One answer.

Yup, along with the 10 day wait....

Two answers.

Can anyone clarify?

[Tony.]

I believe that you have to DROS it back to yourself if it is at the shop for more than 30 days. You can, however, go to the shop on the 29th day, fondle it "take it back" and "drop it off" at the same time. This is what a local shop told me when I put a gun on consignment.

[hawk1]

Ok, I did some digging and you do have to DROS a consignment (and a pawn) coming back to you.
My answer above is wrong.

Details here;

http://ag.ca.gov/firearms/infobuls/9825.pdf

[hawk1]

Ok, I did some digging and you do have to DROS a consignment (and a pawn) coming back to you.
My answer above is wrong.

Details here;

http://ag.ca.gov/firearms/infobuls/9825.pdf

Keep in mind that this publication came out in 1998 so the prices listed for the DROS are not current.

[Bobshouse]

We just had a member here have a gun confiscated at the airport in New York and mailed back to us from the authorities there. We had to DROS his gun and hold it for 10 days before we could give it back.