Would this be legal?

[FNH5-7]

Scenario:

One guy tries to sell a gun to another guy. They're both very busy, they're schedules never match and never have the time to meet and do the Private Party Transfer.

I understand that when you ship a firearm for PPT within the state of California only a copy of your ID is included with the gun and the standard FFL internet transfer fee applies to the purchaser.

I also understand that for a regular PPT both guys have to be present at the same time and the state capped $35 PPT fee applies.

Would it be legal for a guy to drop off a gun at an FFL with copy of ID and the other guy stops by when he cans and pays the FFL internet transfer fee NOT the PPT fee? Wouldn't this make it an FFL dealer transfer and NOT a PPT?

When shipping is used they both don't have to be present, GUN MUST BE ON ROSTER and copy of ID must be included. Instead of shipping the gun for PPT, the man would simply be dropping it off(shipping via his own two feet, USPS shipping not needed).


Would this be legal? Remember now, this is a gun currently ON the roster.

[Ibgreezy]

I was wondering the same thing

[Cyc Wid It]

Split PPT's used to be done by some FFL's.

[dan12580]

i was told as recently as 2 months ago by an ffl that they would do that.guy comes in in the am and fills out his end and i come in in the pm and pay and fill out my end. i was told that it had to be same day/date on all the paperwork.

[leelaw]

As described is a dealer transfer, not a PPT, and is legal.

[Capt_Communist]

both parties must be present at the transferring FFL at the same time to initiate the transaction

[Hopalong]

I couldn't follow your thread, but here is what I recently did.
I had a non roster 357 Model 66 S&W revolver that I brought down to the local gun shop to sell on consignment.
They told me that since it was non roster, that it could be sold PPT, but had to wait 30 days.
I filled out all the paperwork, ID, etc..
About 2 months later I go down to the shop and pick up my money.
I never met the guy who bought the gun, he paid all the fees, shop got 20%.
Seems to me that if the gun was ON the roster, it would be even easier, and less time.
But since that makes sense and is logical, it may very well not apply here in California.
The only other thing I can think of that would come into play here is that this is a local shop dealing with local people.
I think that FFl dealers have leeway in what they CAN do and what they WILL do.
So when it comes to out of town transactions, I think many don't go out of their way to be helpful.

[ke6guj]

Scenario:

One guy tries to sell a gun to another guy. They're both very busy, they're schedules never match and never have the time to meet and do the Private Party Transfer.

I understand that when you ship a firearm for PPT within the state of California only a copy of your ID is included with the gun and the standard FFL internet transfer fee applies to the purchaser.

if you ship it, it isn't a PPT.

I also understand that for a regular PPT both guys have to be present at the same time and the state capped $35 PPT fee applies.

I've been told that the PPT requirements do not require that they both be there at the same time, just that both parties appear before the same FFL to do the paperwork.

Would it be legal for a guy to drop off a gun at an FFL with copy of ID and the other guy stops by when he cans and pays the FFL internet transfer fee NOT the PPT fee? Wouldn't this make it an FFL dealer transfer and NOT a PPT?

you should be able to drop it off at the FFL, fill out your part of the PPT paperwork, and then have the buyer show up later to finish the PPT paperwork. That would make it a PPT transfer, not a regular transfer, so the $35 PPT should apply.

That is the same way that cosignment transfers are processed, buyer and seller aren't there at the same time, but it is still considered a PPT (so off-roster handguns can be sold).

When shipping is used they both don't have to be present, GUN MUST BE ON ROSTER and copy of ID must be included

.correct, if shipped, must be on the roster and is a standard transfer.

Instead of shipping the gun for PPT, the man would simply be dropping it off(shipping via his own two feet, USPS shipping not needed).

if dropping it off at the buyer's FFL, it can be processed as a PPT.

Would this be legal? Remember now, this is a gun currently ON the roster.

yes, it should be legal, and be able to be processed as a PPT, so roster status doesn't matter.

[ke6guj]

both parties must be present at the transferring FFL at the same time to initiate the transaction

not what I've been told.

I couldn't follow your thread, but here is what I recently did.
I had a non roster 357 Model 66 S&W revolver that I brought down to the local gun shop to sell on consignment.
They told me that since it was non roster, that it could be sold PPT, but had to wait 30 days.
I filled out all the paperwork, ID, etc..About 2 months later I go down to the shop and pick up my money.
I never met the guy who bought the gun, he paid all the fees, shop got 20%.

exactly. A cosignment is processed as a PPT, and the buyer and seller are not at the FFL at the same time.

[FNH5-7]

I couldn't follow your thread, but here is what I recently did.

Thanks for the input. What about my thread was difficult to comprehend? Let me know so I can make it easier to read.

I was basically asking if it were legal for someone to drop off a gun at an ffl one day, then when the other person(the buyer) has time he drops by and the dross of the gun is processed as a DEALER TRANSFER and not a PPT.

The rest of the info in my original post is information I provided so I don't get alot of answers telling me things I already know such as ppt fees, roster requirements etc.

[Hopalong]

Ok, I didn't know from your original post if you were mailing a gun or not.
It seems to me that since you are not a dealer, that this would not be a dealer transfer, but a PPT. Isn't a dealer transfer a transfer between dealers?
What difference does it make what you call it? The buyer pays the fees, and you get your gun sold.
Another thing is that the FFL probably isn't going to want to take charge of your gun indefinitely without some kind of compensation( unless you know them, and do business with them regularly) Remember in my situation it was a consignment, it took a couple of months, and they got 20%
I'd say that the buyer has to give some kind of commitment as to when he is going to show up, and the FFL has to be kind enough to say ok, otherwise the gun just sits there at the shop indefinitely.
Even the best case scenario where the guy shows up the same day, the gun sits at the shop for ten days. So now this FFL has to take charge of your gun and the money for at least ten days; a fair amount of responsibility.
If you do a lot of business with this FFl, I'd bet he'd be glad to help you out without compensation, but if you are a total stranger, then who knows?
If you are a total stranger, maybe they would consider taking some sort of flat fee, for a limited period of time, to get the deal done. Wouldn't hurt to ask, but you have to remember these guys are trying to run a business and make a living too.
Another good reason to do business and be on good terms with the local gun shop.
Good luck.

[ke6guj]

I was basically asking if it were legal for someone to drop off a gun at an ffl one day, when the other person(the buyer) has time, drops by and the dross of the gun is processed as a DEALER TRANSFER and not a PPT.

yes, you could, but as a standard transfer, the dealer is not limited to a maximum of $35 total, like he is for a PPT.

Ok, I didn't know from your original post if you were mailing a gun or not.
It seems to me that since you are not a dealer, that this would not be a dealer transfer, but a PPT. Isn't a dealer transfer a transfer between dealers?
What difference does it make what you call it? The buyer pays the fees, and you get your gun sold.

"dealer transfer" doesn't really mean anything. as far a CA is concerned, it is either a PPT transfer, or it isn't. If it isnt a PPT transfer, then it could be a transfer ffrom another dealer, a private party that ships it to the dealer, a sale from inventory, etc. It doesn't really matter.

But if it meets the requirements of a PPT, then there are financial and roster reasons to do it as a PPT.

[FNH5-7]

yes, you could, but as a standard transfer, the dealer is not limited to a maximum of $35 total, like he is for a PPT.

Thanks I understand that.

other guy stops by when he cans and pays the FFL internet transfer fee NOT the PPT fee.

[ir0nclash86]

If a gun is on cosignment do you still have to pay sales tax on it?

exactly. A cosignment is processed as a PPT, and the buyer and seller are not at the FFl at the same time

[CHS]

Thanks for the input. What about my thread was difficult to comprehend? Let me know so I can make it easier to read.

I was basically asking if it were legal for someone to drop off a gun at an ffl one day, then when the other person(the buyer) has time he drops by and the dross of the gun is processed as a DEALER TRANSFER and not a PPT.

The rest of the info in my original post is information I provided so I don't get alot of answers telling me things I already know such as ppt fees, roster requirements etc.

Yes, what you want to do is perfectly legal. I've done it myself for a couple different customers. One was two cop buddies, and one had a morning swift and one had a night shift or something, and there just was no way they would both be able to get to the dealer at the same time. So the seller just shipped us the gun with his ID.

It's treated as a regular dealer transfer, and not a PPT obviously, and the FFL can charge what they choose. You can mail the gun in, drop it off, whatever. Doesn't matter.

Again, legal.