Receiver is about to get sent back!

[SP1200]

A friend called me and just told me that a private party form out of state shipped a receiver to his FFL dealer who says he cannot accept form non FFL's. What to do now? Apparently his FFL assumed the sending FFL paperwork was in the package, and he opened it and it was not there.

Now he's wondering what to do...

[ke6guj]

well, was it sent from an FFL? If so, perhaps your friend could contact the sending FFL and get him to fax a copy of the FFL to the receiving FFL.

If it was sent from a non-FFL, and the receiving FFL doesn't accept firearms from non-FFLs, then it sounds like your friend messed up by not confirming what policy the FFL regarding who he would accept a shipment from.

He might have to find another FFL willing to accept a new shipment from the sender (who is now gonna be rightly upset having to deal with this again).

[Cokebottle]

He's screwed.
Nothing illegal happened, but if the FFL refuses to accept shipment from a non-FFL, that's his policy.

BATF merely requires that AN FFL be involved, and that the transaction follow the laws of both states.
California requires that a California FFL be involved.

Sadly, the PC/USC doesn't normally say anything about what is legal unless it is an exception to something otherwise illegal.
It is legal for an FFL to ship to another FFL in California, so long as they have filed the proper paperwork with the DOJ.
It is legal for a non-FFL to ship to an FFL in California. There is a period at the end of that sentence.

[SP1200]

The receiver was sent form a private party (non FFL) to a CA FFL under the assumption that it was coming form an out of state FFL with FFL paperwork. when discovering that it was from a private party, the CA FFL refused the transfer. And said he had to send it back. My friend who is pissed, wants to know if the FFL in CA can send it to a another CA FFL who accepts out of state transfers from private parties, if possible?

So this not accepting shipments form (non FFL) private parties, is that just the CA FFL's policy? Based upon DOJ intimidation? Or does it have to do with an SOT?

[ke6guj]

My friend who is pissed, wants to know if the FFL in CA can send it to a another CA FFL who accepts out of state transfers from private parties, if possible?

depends on what the FFL wants to do. If the FFL isn't willing to log it in in order to transfer it to your friend, why would he log it in in order to transfer it to another FFL. Either option opens up the FFL to same amount of "problems" regarding receiving a firearm from a non-licensee. If he ships back the firearm to the sender within a certain timeframe, it never has to be entered into his books, IIRC.

So this not accepting shipments form (non FFL) private parties, is that just the CA FFL's policy? Based upon DOJ intimidation? Or does it have to do with an SOT?

Its just a policy that some/many FFLs (not just CA, but nationwide) that they think it is "safer" for them to just receive firearms from other FFLs. That "safer" bit is debatable, some of that comes about from some senders not supplying the receiving FFL a copy of a DL so the FFL can properly log the receiver. BEcause of that, some FFLs have a blanket policy to only accept shipments from licensees.

[J-cat]

If the FFL did not make it clear he did not accept from non-FFL's, he should accept the firearm, beitng it is perfectly legal to do so.

[xbimmers]

This blows!