Selling a firearm question

[mystique]

Hi everyone,
Maybe a stupid question or maybe the wrong place to ask or maybe it has been discussed and my search effort was unsatisfactory. nevertheless I will ask. What is the difference between private party transfers, selling through ffl, FTF (don't know what that means), and other ways of selling/transferring firearms. I was under the impression that when I were to sell my gun, I go to a dealer or someone who can do transfers then we do the deal. Example, I go to Sonoma Firearms (here in the bay area) with a prospective buyer. We both fill out the paper work , pay the $35 ($10 plus DROS of $25), buyer pays me. From there, the buyer waits 10 days before he can get his gun. During those 10 days, it is between dealer and buyer. I am basically out of the picture.
Finally, what if the buyers DOJ reference check does not clear him or her? What steps should be taken?
Again I apologize in advance if my post is redundant. I just need to know since it appears that there are more ways than what I know.
Thank you.

[bigkahuna04]

seems like your scenario is a private party transfer (aka PPT or FTF (face to face)). Your example of the transaction is correct at the FFL/Dealer shop.

If I recall...if the buyer is rejected by the DOJ/background check, then he is ineligible to pickup the firearm. The FFL/dealer is to notify you, since you were and are the last legal owner of the firearm. You then have to deal with the ineligible buyer in what is done with the money that was transferred/paid to you.

[Swoop]

FTF = face to face, as far as I know you need to always go to a dealer to do the xfer unless it's a very old firearm that has different rules not sure if its 50+ years, 80,100 etc. PPT private party xfer can be from a consignment gun I think or if you are getting the gun shipped to your FFL from out of state like if you shop gun broker for instance (on ca legal guns of course). All the FTF deals i've done I was paid on the spot so if they got rejected in their 10 days i'm curious as to what happens as well, you have been paid it probably is between the buyer & the gun shop at that point but heck there could be a whole can of worms involved but from what I recall in reviewing the paperwork and i'm not so bad with contracts you are giving up your interest in the firearm. Good luck & this is the wrong forum to ask but i've been in a pinch before and you just want an answer =)

[djleisure]

Hey, welcome to Calguns. You happened to post this in the wrong forum (this one is for "firearms for sale" ...maybe you should post in the "general firearm discussion" forum next time... but this time, I'm sure a mod will come along and move it where they see fit.

Now, on to your question. A private party transfer is usually (always?) done FTF (face-to-face) at an FFL. The FFL can NOT charge the buyer more than $35 for this service ($10 for their fee, plus DROS fee of $25). Now, if you have a gun transferred to an FFL from an out of state or any other location where the seller is not present, then that is a different kind of transfer (escapes me what it is actually called - usually "out of state transfer".) For this kind of transfer the FFL can charge whatever they want. Usually it is between $75-$100 (including DROS) but it really varies wildly.

Once you sell the gun at an FFL the rest is between the dealer and the buyer, you can walk away. If for some reason the buy does not pass the background check I'm not exactly sure what happens, but I suppose the dealer would take possession of the firearm. Maybe something else can be worked out, I'm not exactly sure at that point, maybe someone else can chime in on that.

Hope this helps!

[Rob454]

I dont see HOW the FFL can take the weapon since it does not belong to them. I guess if you do a PTP you better KNOW that you can take posession of the gun.
OR
You can have a buddy do the DROS but thats a straw sale. Either way it may happen a lot more than we know. My buddy went to sell a gun once to a guy. I went with him. the dude was all gangsta and his GF was gonna "buy" the gun. he told us that before he walked in the store. I told my buddy to walk away from this deal. The guy was willing to pay my buddy 100$ more than what he was asking for the gun.

[five.five-six]

his GF was gonna "buy" the gun. he told us that before he walked in the store.

does that make you a co-conspirator?

[mystique]

Thank you everyone and I apologize for posting in the wrong forum.

[Dekker]

Well since this topic is already up, I may as well throw a question out there. What type of fees, apart from the DROS, can FFL's impose on you if the firearm is sent to them from in CA? Most of my deals have been PPTs or OOS so I have never even bothered to ask if they charge for CA transfers.

[Henry Hill]

In if anyone knows what happens if buyer doesnt pass dros.. Do you re take possesion of the firearm?

[Mssr. Eleganté]

In if anyone knows what happens if buyer doesnt pass dros.. Do you re take possesion of the firearm?

Yes, the dealer returns the firearm to the seller. If the dealer can't legally return the firearm to the seller, then he has to turn it over to the police.

CPC 12082. (a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032.