Transfer question

[hermosabeach]

My friend called with a question

His dad Bob purchased 3 bolt action rifles from an auction.

Local FFL received guns



Bob brings his 3 sons in so each son can have one of the rifles

All 3 sons have their FSC and each will DROS a rifle

(Cool dad)

FFL says only Bob can DROS the firearms.

It would be a straw purchase as Bob paid for the auction guns and the paperwork from the auction said Bob paid for the guns.


This seems crazy to me.

Is there any rule saying the FFL is correct?

[edgerly779]

On 4473 has place for gift. Chose wrong ffl. Bob should dros then intrafamilial gift to sons. They pay 19 bucks each. Bob pays tfransfer plus dros and sales tax.

[Quiet]

BATFE example of a straw purchase...
Person A pays for a firearm and Person B does the 4473 for it.

BATFE example of a gift...
Person A pays for the firearm and does the 4473 for it, afterwards Person A gifts the firearm, in a manner that is compliant with Federal and State laws, to Person B.

[BONECUTTER]

[hermosabeach]

Thanks

[SkyHawk]

Bob needs a better relationship with his local FFL.

Barring that, Bob needs to DROS the guns himself, then when he picks them up he needs to walk out the door of the FFL and hand a gun to each of his sons and tell them to file the intrafamily form. Bonus if he does this in full view of the FFL

[RideWest]

Gift

BATFE example of a straw purchase...
Person A pays for a firearm and Person B does the 4473 for it.

BATFE example of a gift...
Person A pays for the firearm and does the 4473 for it, afterwards Person A gifts the firearm, in a manner that is compliant with Federal and State laws, to Person B.

I think your first example is incomplete. If person B does the paper work and then gives the gun to person A (who paid), yes that’s a straw purchase.

If it’s a gift for person B, B is doing the 4473 (for themselves) and will be the one actually keeping / owning the gun, then that is ok.

[acespawnshop]

Many FFLs will not transfer to a person who is not on the invoice. This helps with fraud claims. I get transfer that say do not transfer to anyone except the customer listed.

This is exactly why the FFL did what they did. Those saying get a different FFL aren't a dealer and do not understand why the receiving FFL is asked to do this. Its for credit card chargebacks as stated. We have the same policy. Another avenue of resolution would have been to include all the sons on the invoice or get permission from the sending acution holder to do such a thing. I would be pissed if I sold 3 guns on gunbroker, charged Dads card, shipped to another FFL to have him 4473 them to 3 people who did not purchase them and then my credit card processing company do a chargeback and I wouldn't have recourse to fight the claim. And yes, I have had CC chargebacks on gunbroker auctions before.

[hermosabeach]

So seller is paid

FFL received the guns

Any chargeback would go to the seller, not the FFL

Bob has DROSed several guns with FFL so his info is on file as would the sons.

[hermosabeach]

And it's cheaper for him to dros once and gift vs 3 dros

[edgerly779]

^^ Nonsense. 47.19 for dros and 19 for volreg intrafamilial and no 10 day wait for the kids

[acespawnshop]

So seller is paid

FFL received the guns

Any chargeback would go to the seller, not the FFL

Bob has DROSed several guns with FFL so his info is on file as would the sons.

Right, chargeback would go to the seller thats why they tell the receiving FFL to only transfer it to the person who it was invoiced to.

[ronlglock]

We had a fellow fail his background and asked us to transfer to his mom. Went back to the seller.

[BAJ475]

Right, chargeback would go to the seller thats why they tell the receiving FFL to only transfer it to the person who it was invoiced to.

What you are saying is not unusual. A couple of years ago I purchased 2 pistols from an online FFL. One was intended as a gift. I had them shipped to a local FFL in Post Falls, Idaho. When I went in to pickup the one I intended to keep, I mentioned that the gift recipient would come in later to pick up the other one. They said no. I had to pick up both. At the time I did not understand why but did as they requested. Now, thanks to your explanation, I know why. Of course, that was not a problem because I am not subject to background checks (Enhanced Idaho CWP), both pistols were listed on a single 4473 form and there is no requirement to use a FFL to transfer firearms to other Idaho residents.

[Russian Bot]

And it's cheaper for him to dros once and gift vs 3 dros

Wouldn't 1 DROS and 3 forms be cheaper than 3 DROS?
47.19 x 3 = 141.57
(47.19 x 1) + (19 x 3) = 104.19