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  • Semper Fidelis
    Member
    • Mar 2011
    • 118

    Middleman in Private Sale

    I am looking to purchase a firearm from a private seller, though I am away and unable to do a the purchase in person. Is legal to use a middleman (i.e. a family member) to physically deliver funds to the seller, and then have the seller transfer the gun to the FFL to be put into storage until I am able to receive and DROS the firearm? Would it simply change from a private transfer to an FFL transfer? Any information is appreciated.
    Last edited by Semper Fidelis; 12-10-2012, 6:07 PM.
    12285302
  • #2
    ASD1
    1/2 BANNED
    CGN Contributor - Lifetime
    • Apr 2012
    • 1793

    can't do it that way. The buyer neads to fill out all the paperwork. then you must wate 10 days (240 hr's) and you must also pick up the idem with in 30 days.
    sigpic

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    • #3
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      It does not matter who pays, all that matters is that the person who does the transfer is the actual purchaser/transferee. Who pays may be a sign that it is a straw purchase, but it is just a warning sign, not an actual issue.

      if the FFL were to have the seller fill out a DROS worksheet, then it could still be a PPT, otherwise it would be a dealer transfer. Of course, the FFL would need to agree to all of this, but it is legal.

      A consignment sale of a handgun which is not on the certified list is basically done the same exact way.

      The waiting period and 30 day limit starts when the DROS is submitted. For example, a FFL could sell at a gunshow and have the person fill out a DROS worksheet (if there is no Internet access) and then go back to their location and enter in all the data for the DROS, at which point the waiting period would start.
      Kemasa.
      False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

      Don't tell someone to read the rules he wrote or tell him that he is wrong.

      Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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      • #4
        tenpercentfirearms
        Vendor/Retailer
        • Apr 2005
        • 13007

        Most of this depends on what kind of firearm it is.

        For long guns, I would have no problem with a seller bringing in a gun and saying so and so is going to come DROS this when he gets back from vacation. I probably would just run it as a transfer when the person (you) get back, but charge it as a PPT.

        For handguns, it gets trickier because of the roster of approved handguns for sale. If it is not on the roster, the only easy way to do it is to run it as a PPT. Which I could still have the seller provide all of that information on a DROS worksheet and sign and then run the DROS when the buyer (you) come in at a later date. However, that is a lot of work for a $10 charge and to store your firearm.

        True the storage isn't much more of an issue on a long gun, but I don't have to deviate from my usual procedures and running PPT long guns as a regular transfer is actually easier than a PPT.

        The only downside is if the buyer is denied, then the gun cannot go back to the seller without a new DROS since it was not processed as a PPT.

        Your best bet is to ask your local dealer how they will handle it. Or simply see if the seller will take your money and hold onto the firearm until you return.
        www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

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        • #5
          paul0660
          In Memoriam
          • Jul 2007
          • 15669

          until I am able to receive
          What is the timeframe?

          Btw Semper Fidelis I don't think much of your using that name or avatar. Real Marines would not.
          *REMOVE THIS PART BEFORE POSTING*

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          • #6
            Semper Fidelis
            Member
            • Mar 2011
            • 118

            Originally posted by paul0660
            What is the timeframe?

            Btw Semper Fidelis I don't think much of your using that name or avatar. Real Marines would not.
            Well the time frame would be several months for when I return from Afghanistan. And as far as real Marines using this username, there is at least one who is proud to.

            And the weapon in question is a Curio and Relic 1911.
            12285302

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            • #7
              mischiefmatt
              Member
              • Aug 2010
              • 104

              The 1911 is a C&R? Then what do you need to use the FFL for? Just have your family member pick it up for you.

              Comment

              • #8
                Semper Fidelis
                Member
                • Mar 2011
                • 118

                Originally posted by mischiefmatt
                The 1911 is a C&R? Then what do you need to use the FFL for? Just have your family member pick it up for you.
                Because C&R pistols are not cash and carry eligible. The process for purchasing one is the same as any other handgun, however if they are C&R, they are exempt from the CA approved roster.
                12285302

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                • #9
                  Rudolf the Red
                  Senior Member
                  • Jul 2008
                  • 1038

                  Originally posted by paul0660
                  Real Marines would not.
                  Says who?
                  sigpic
                  NRA Benefactor Life Member
                  01 Dealer Redding, CA
                  US Army MP Corps Veteran
                  Former NRA Pistol Coach Level 3

                  I am always looking for Beretta D models in 9mm or a Compact Type M.

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                  • #10
                    Semper Fidelis
                    Member
                    • Mar 2011
                    • 118

                    Originally posted by Rudolf the Red
                    Says who?
                    Respectfully, Rudolf, I don't think this is the thread to discuss matters of what real Marines would do. I would happily discuss the Corps with the Sir up in Ukiah over a couple of beers or boxes of .45 on the range. Hell, I'd even do it in Chucks as long as my shirt-stays don't ride up my crotch. But right now I am just trying to get my 1911. LOL
                    12285302

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                    • #11
                      tenpercentfirearms
                      Vendor/Retailer
                      • Apr 2005
                      • 13007

                      Originally posted by Semper Fidelis
                      Well the time frame would be several months for when I return from Afghanistan. And as far as real Marines using this username, there is at least one who is proud to.
                      Your turn Paul. When and where did you serve?
                      www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

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