A Question for FFLs - sell *before* DROS to me?

[Fatgunman]

I want to know if it is possible to sell a firearm before I have taken possession of it?

The reason being I have two firearms I want to sell because I changed my mind about needing to have them and I dont want to pay the transfer fees for them if I dont have to.

[golfish]

If your question is for someone with an FFL, you should try posting this on the FFL forum

[Gunsmith Dan]

You need to clarify what you mean by "before I have taken possession of"

Do you mean it is sitting a on gun store shelf

OR

Do you mean it is DROSed and 10 days have not passed?


Did you buy them from a FFL Dealer or is it a Private Party Transfer?

[Fatgunman]

You need to clarify what you mean by "before I have taken possession of"

Do you mean it is sitting a on gun store shelf

OR

Do you mean it is DROSed and 10 days have not passed?


Did you buy them from a FFL Dealer or is it a Private Party Transfer?

I mean I bought a gun online had it transfered to a local FFL, I have not started the DROS yet on it and I do not want it anymore. So I want to sell it and want to know do I have to wait until I have it in my hands first.

[Condorguns]

Yes you have to wait.

[adamjay]

I think you better post in the FFL forum and leave a link here. Ask them to give you facts, laws and not opinions. Seems like you could sell someone the option of DROSsing the gun for themselves, but that is a total guess - not fact or law, I'll don my flame suit now in case I am way off.

[Gunsmith Dan]

I am a FFL and deal with transfers

If you bought the firearms online from a FFL then call them and see what their return policy is if the DROS has not been started (you will definitely pay the return shipping plus any restocking fee they charge)

If you bought it online from a private party through "Gun Broker" or such you can call the private party and see if they will be nice but most likely you are out of luck (again you will have to pay for at least return shipping).

The ONLY way you can sell the firearm to anyone is to take possession of it meaning you will need to DROS it and then pick it up (unlike the Stock Market you can not sell firearms you do not own). The other thing to remember many gun shops will charge storage fees if you take to long to get the DROS started after they receive the firearm.

Basically no matter which way you look at it you will lose money on the deal since firearms are not like buying a hammer at Home Depot if you do not like it.

[Marquand]

I'll ask the obvious question...

What two firearms did you buy and what is your reason for no longer wanting them?

[tonyxcom]

I have seen plenty of sales of guns purchased but not yet DROS'd to the person who had them shipped in.

It's just in the FFL's logbook.

[code_blue]

Doesn't the FFL have to take the firearm into their possession/ownership prior to selling it to the new owner meaning the firearm belongs to the intake FFL? The transaction becomes a dealer transaction after all.

Am I wrong?

[halifax]

Depends. If I transfer in a firearm for someone I don't know and he sends in someone else to do the DROS I'd think straw purchase and wouldn't do it. If, however, I know the original buyer well and he has passed previous background checks, told me he sold it to someone else, then I'd probably go ahead with the DROS. My A/D book would show it coming in from, say Buds, and going out to a non-prohibited person.

[ugimports]

Depends. If I transfer in a firearm for someone I don't know and he sends in someone else to do the DROS I'd think straw purchase and wouldn't do it. If, however, I know the original buyer well and he has passed previous background checks, told me he sold it to someone else, then I'd probably go ahead with the DROS. My A/D book would show it coming in from, say Buds, and going out to a non-prohibited person.

same here. I've done it before. Firearm does not need to go back to seller. However, this will be all up to the FFL you have your firearm sitting with. It's a policy issue. There's no law preventing your selling before DROS assuming all other items smell legal.

[kemasa]

As said, it can be done, but the FFL needs to ensure that it is not actually a straw purchase, which means it is up to the FFL. If you explain the situation, the FFL might or might not do it. If you lie and the FFL finds out, then you will most likely have bigger problems.

[OCArmory]

We have had to institute a policy of not allowing people to transfer guns to someone else. We had a bad rash of people buying a large quantity of firearms and immediately posting them on here and armslist and selling them without ever taking possession of them. The ATF is cracking down on people dealing without a license and I was tired of being in the middle. Also there is the starw purchase aspect as well.

[kemasa]

It would not be a straw purchase since the person never filled out the 4473, but getting in the middle is bad enough. If the person had a good reason as to why, then it might be acceptable, but as a general rule it is best to avoid it.