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Prohibited person denial question

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  • geo5120
    Member
    • Aug 2006
    • 327

    Prohibited person denial question

    Rifle came from out of state, CA buyer turns out to be a prohibited person. I know about the BOF 110 form. If the outside CA seller doesn't want the rifle back, are we to send the form 110 to him to designate the responsible party to dispose of the gun or how do we handle it correctly otherwise? Couldn't find an answer using search. Thanks
    "NEVER APOLOGIZE FOR BEING PATRIOTIC" Toby Keith 8/31/07 The Big Dog Daddy Tour
  • #2
    DEPUTYBILL
    Senior Member
    • Mar 2007
    • 873

    Just asking, if you are an FFL,would it be possible for you to put the gun up for sale in your shop(say like a consignment gun),and if it sells just give the prohibited person his cut out of the deal? The gun is not in his possession, but I assume he paid the out of state party for the gun before you got it. Would this be a legal disposition of the gun?

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

      When the FFL does the transfer, the FFL basically owns the firearm (some people disagree with this view). Since it is not a PPT, the limits are not there. The buyer does not own the firearm, but has a money interest on it (not quite a lien). The FFL is owed for their services first.

      The FFL can buy it from the seller, sell it for the seller (as long as it does not end up with someone associated with the seller), turn it over to the police, charge storage and then keep it, etc.

      The form 110 is not required for a transfer of this type. It is only for after the firearm was transferred to the person and not in the hands of a FFL.
      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
        geo5120
        Member
        • Aug 2006
        • 327

        thank you

        for the info
        "NEVER APOLOGIZE FOR BEING PATRIOTIC" Toby Keith 8/31/07 The Big Dog Daddy Tour

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