'Abandoned' PPT firearm

[Tacitus]

So an FFL properly and legally performs a PPT transaction, but the less than $300 firearm was not picked up. There was no Delay, Denial or any other DOJ issue. Neither the Seller nor the Buyer have been located for over two years!! Due diligence has been done. Is it LEGAL for the FFL to sell the firearm as abandoned?

The sale would clear inventory space, inventory liability, and get the thing out of limbo. Would it be on the Seller to locate the firearm via the DOJ if he showed up ten years later, instead of the FFL to store it for ten years "just in case"?

By the way, the ATF says it can be sold as far as they are concerned. It's abandoned to the FFL Dealer.

Thanks!!

[diverwcw]

Tagged, this will be interesting. I've often wondered the same myself. My inclination would be to turn it over to law enforcement.

[SLO1911Fan]

As I recall it can be sold after either one or two years, but the money has to be turned over to the Comptroller's Office as unclaimed property in the original buyer's name.

[kel-tec-innovations]

interesting *tagged

[FresnoRob]

I find it strange that someone would buy a gun then not show in 10 days to pick it up. An accident maybe, or arrested and jailed? Have you tried Google on the buyers name to see if there are any news stories? Died maybe?

[kemasa]

So an FFL properly and legally performs a PPT transaction, but the less than $300 firearm was not picked up. There was no Delay, Denial or any other DOJ issue. Neither the Seller nor the Buyer have been located for over two years!! Due diligence has been done. Is it LEGAL for the FFL to sell the firearm as abandoned?

The sale would clear inventory space, inventory liability, and get the thing out of limbo. Would it be on the Seller to locate the firearm via the DOJ if he showed up ten years later, instead of the FFL to store it for ten years "just in case"?

By the way, the ATF says it can be sold as far as they are concerned. It's abandoned to the FFL Dealer.

Thanks!!

The answer is NO. There is no choice in what has to be done, assuming that you want to follow the law.

What the Feds think in this case does not matter because of CA law.

In this case, the CA PC has already been violated since it is required that the firearm be turned over to the police as it has not be done "forthwith"

http://dictionary.reference.com/browse/forthwith?s=t

28050. (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Sections 26700 to
26915, inclusive, in accordance with this chapter in order to comply
with Section 27545.
(b) The seller or transferor or the person loaning the firearm
shall deliver the firearm to the dealer who shall retain possession
of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or
transferee or the person being loaned the firearm, if it is not
prohibited, in accordance with Section 27540.
(d) If the dealer cannot legally deliver the firearm to the
purchaser or transferee or the person being loaned the firearm, the
dealer shall forthwith, without waiting for the conclusion of the
waiting period described in Sections 26815 and 27540, return the
firearm to the transferor or seller or the person loaning the
firearm. The dealer shall not return the firearm to the seller or
transferor or the person loaning the firearm when to do so would
constitute a violation of Section 27500, 27505, 27515, 27520, 27525,
27530, or 27535. If the dealer cannot legally return the firearm to
the transferor or seller or the person loaning the firearm, then the
dealer shall forthwith deliver the firearm to the sheriff of the
county or the chief of police or other head of a municipal police
department of any city or city and county, who shall then dispose of
the firearm in the manner provided by Sections 18000, 18005, and
34000.

[ugimports]

agree with Kemasa - that will still free your inventory space as well.

[Tacitus]

Thanks for the detailed Answer Kemasa. Perfectly clear.

Thanks again!

[Tacitus]

I find it strange that someone would buy a gun then not show in 10 days to pick it up. An accident maybe, or arrested and jailed? Have you tried Google on the buyers name to see if there are any news stories? Died maybe?

I suspect the transfer was hinky to start with. Not my FFL.

[kemasa]

Well, I have several firearms in which the person paid for and had delivered to me and they have not done the paperwork (one approaching a year). Some I heard from for a bit, then seems to have fallen off the face of the Earth. People do strange things from time to time.

I suspect it is far more common that you would expect.

[jdben92883]

It happens all the time. Don't know of an FFL that hasn't had it happen to.

[Tyke8319]

Now you do!! (Knock on wood!)

[PolishMike]

I may or may not have a receiver from a somewhat unique firearm that was transferred in over 3.5 years ago that no one has claimed. Receiver showed up from an out of state FFL with no ones name on it, the sending FFL was not able to find who it was for....

[rbetts]

So how do you turn it over to police? got a form letter? How do you list it in your bound book?

[five.five-six]

If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm

It's quite an assumption that the gun can not be legally returned to either party if neither party can be found.

I'd sell it to recoup the storage fees.