FTF Sale, etc. to an FFL, at another FFL

[eltee]

Hi, have a hypothetical that I have not found referenced in a search.

Private party has a gun for sale, but will not ship (even to an FFL). Wants to do a FTF at an FFL near his home. Buyer is an FFL (fully licensed) but does not want to go the seller's FFL, then come back again 10 days later.

I realize an FFL cannot conduct business away from the licensed location. Is there a legal way for the buyer (FFL) to go to the seller's FFL and leave the same day with the gun?

THANK YOU for any assistance.

[PolishMike]

What kind of FFL are we talking and what kind of firearm?
Does the buying FFL have a CFD?

[dachan]

If the buyer is a fully licensed FFL (on the CFD list), he is exempt from the 10day wait per PC12078(b)(2) if the transfer is in connection with the business.

Subdivision (b) of Section 12801 shall not
apply to the delivery, sale, or transfer of a handgun to a
person licensed pursuant to Section 12071, where the
licensee is receiving the handgun in the course and
scope of his or her activities as a person licensed
pursuant to Section 12071.

Edit: Quoted the wrong PC, see Post #11

[halifax]

EXAMPLE: I drove down to Pacifica to buy a S&W 1006 via PPT from a non-licensee. City Arms entered my CFD number on the first page of the DROS as an exemption to the 10-day wait. I drove home with the 1006. Simple really.

added: (Are you trying to buy a non-rostered handgun for your inventory? That would not be a good idea. Hypothetically, of course.)

[kemasa]

Private party has a gun for sale, but will not ship (even to an FFL). Wants to do a FTF at an FFL near his home. Buyer is an FFL (fully licensed) but does not want to go the seller's FFL, then come back again 10 days later.

Assuming aspect to how the person is licensed, the FFL may be exempt from the waiting period, even with transfers at other FFLs. As a FFL, the 4473 would not be filled out, even for private transfers (assuming that the FFL is licensed like a sole proprietor), but even if the transfer is done by another FFL, it needs to be logged in the buyer's bound book.

I realize an FFL cannot conduct business away from the licensed location. Is there a legal way for the buyer (FFL) to go to the seller's FFL and leave the same day with the gun?

Yes, depending on how the person is licensed.

For example, my FFL is in my name (sole proprietor), so I could go to another dealer and buy a firearm or do a PPT and as a CFD I am exempt from the waiting period (but not the HSC). The proper paperwork would need to be provided. I would have to fill out the DROS, but not the 4473. I would also have to log it in my bound book.

[kemasa]

If the buyer is a fully licensed FFL (on the CFD list), he is exempt from the 10day wait per PC12078(b)(2) if the transfer is in connection with the business.

That is in regards to dealer transfers, whereas this is a personal transfer.

A person with a CFD number is exempt from the waiting period as well.

[eltee]

OK, thanks. I guess my COE and CFD (+ my FFL, etc.) are gold. Hopefully the seller's FFL is knowledgeable and cooperative.

Thanks again for the education.

[eltee]

...

For example, my FFL is in my name (sole proprietor), so I could go to another dealer and buy a firearm or do a PPT and as a CFD I am exempt from the waiting period (but not the HSC). The proper paperwork would need to be provided. I would have to fill out the DROS, but not the 4473. I would also have to log it in my bound book.

So I would have to pay the seller's FFL a DROS fee, take it home and log it in the bound book using the seller's FFL in the Acquisition area and simply put myself in the Disposition area? I don't have to re-DROS it to myself since it was done at the time of the sale, correct? NO 4473 needs to be done or do I need to 4473 it to myself?

Sorry for all the questions, never done this before.

THANK YOU.

[kemasa]

OK, thanks. I guess my COE and CFD (+ my FFL, etc.) are gold. Hopefully the seller's FFL is knowledgeable and cooperative.

You need the CA DOJ letter with all your info on it, but mainly the CFD info, as well as your FFL. You should not need anything else.

So I would have to pay the seller's FFL a DROS fee, take it home and log it in the bound book using the seller's FFL in the Acquisition area and simply put myself in the Disposition area? I don't have to re-DROS it to myself since it was done at the time of the sale, correct? NO 4473 needs to be done or do I need to 4473 it to myself?

Yes, as I was told. It is a Federal thing, so the DROS was already done. I think it would be from the FFL, but I am not sure. Since it went through the bound book of the other FFL, I would think that is who you would list you got it from for the Feds.

No 4473 at all, you are licensed.

Sorry for all the questions, never done this before.

Not a problem. New things come up all the time for everyone.

[eltee]

Thanks, Kemasa.

[dachan]

If the buyer is a fully licensed FFL (on the CFD list), he is exempt from the 10day wait per PC12078(b)(2) if the transfer is in connection with the business.

Correction, PC12078(b)(2) exempts a dealer from the HSC (PC12801(b)) in the course of conducting business. PC12078(n) exempts a dealer from the 10day waiting period.

(n)(1) The waiting period described in Section
12071 or 12072 shall not apply to the delivery, sale, or
transfer of a handgun by a dealer in either of the
following situations:
(A) The dealer is delivering the firearm to
another dealer and it is not intended as merchandise in
the receiving dealer's business.
(B) The dealer is delivering the firearm to
himself or herself and it is not intended as merchandise
in his or her business.
(2) In order for this subdivision to apply, both
of the following shall occur:
(A) If the dealer is receiving the firearm from
another dealer, the dealer receiving the firearm shall
present proof to the dealer delivering the firearm that he
or she is licensed pursuant to Section 12071 by
complying with paragraph (1) of subdivision (f) of
Section 12072.