FTF Gun Sale Problem and Question

[rocketman]

Problem:
I have a gun that is being sent to me straight from the factory(shipped to my FFL dealer). It is a new gun that is suppose to be a replacement for the gun i sent in for warranty repair. Unfortunately the model i sent in is discontinued and there are sending me the newer model. I intent to immediately sell it as it is not what i want(and i want $ to buy the older model). I hate that i will have to fill out the paperwork, pay the transfer fee, and turn around and sell it. It seems like i could be accused of "liying for the other guy" or whatever since the re-sale would be so quick.

Question:
What if i have the dealer hold the gun when it comes in until i get a buyer. Then the buyer can meet me at the dealership, pay me, and fill out the paperwork and take the gun. Is there a problem with this idea? Of coarse it depends on how long the dealer will hold it, but i'm hoping to sell so quick i will be able to meet the buyer when the gun arrives.

 

[ssgrock3]

Shouldnt' be a problem either way you go. The safest way to go is have the dealer hold onto it, and have your buyer do the transfer with a 4473. On the other hand, if some prospective buyers will not want to do that. Your dealer may also consider doing a consignment and sell it for you. Or you could just list it here with the caveat of having to do the 4473 with dealer and if it is a deal, then it will sell.

 

[Lithiumokc]

Just remember Requiring the 4473 will limit your buyers pool.

 

[rocketman]

Well if they absolutely refuse to fill out a 4473 for some reason (other than just registration/confiscation paranoia) then i would be hesitant to sell them a gun that is last transfered in my name anyways.

I'll give the locals a shot at it for a couple weeks then it'll go to gunbroker

 

[henschman]

To me, part of the benefit of buying from a private seller is that there is no paper trail associating me with the gun. Anybody who thinks it is "suspicious" for someone not to want a prior restraint placed on their right to bear arms by the government is not someone I really care to do business with (unless it is a really good deal I can re-sell and make money on!!!). I am definitely not the only one who feels this way.

In your situation, there is absolutely nothing wrong with taking possession of the gun and selling it to whoever you want in a private sale. It would not be considered a "straw purchase" to take possession from the FFL, because you are not having it transfered to you in order to give it to any specific other person... you are just having it transfered to YOURSELF. What you do with it after that is your concern, and there is absolutely nothing illegal about deciding to sell one of your guns, no matter how recently you came into possession of it.

 

[reddog1]

Some people just dont do paperwork.
I don't blame them.

 

[rocketman]

To me, part of the benefit of buying from a private seller is that there is no paper trail associating me with the gun. Anybody who thinks it is "suspicious" for someone not to want a prior restraint placed on their right to bear arms by the government is not someone I really care to do business with (unless it is a really good deal I can re-sell and make money on!!!). I am definitely not the only one who feels this way.

In your situation, there is absolutely nothing wrong with taking possession of the gun and selling it to whoever you want in a private sale. It would not be considered a "straw purchase" to take possession from the FFL, because you are not having it transfered to you in order to give it to any specific other person... you are just having it transfered to YOURSELF. What you do with it after that is your concern, and there is absolutely nothing illegal about deciding to sell one of your guns, no matter how recently you came into possession of it.

The straw purchase accusation thing is what i wanted to avoid. There is an online background thing i could use that a cop suggested on here one day. Does anyone else use it? I have the website at home. Can't think of the name.

 

[henschman]

for Oklahoma, www.oscn.net and www.odcr.com.

As I said, you would not be guilty of a straw purchase, even if you didn't intend to keep it for very long. Once it is transfered to you, it is your property to do what you want with. And a non-FFL private seller has no obligation to sell firearms through an FFL, or to do any kind of background check on those he sells to.

 

[sky428]

I am a former FFL holder and from my understanding. They key to this is that you cannot purchase a firearm with the intent to sell it unless you have a license. That is not to say that you cannot purchase firearms for long term investments. In this case I would not think anyone would be able to say that you are conducting a firearms business without a license. As a private collector you are free to sell some of your personal firearms. You cannot knowingly sell it to a felon or anyone else that is not legally able to purchase it. Please note that I did say knowingly. If in doubt you can have your dealer run it through with the 4473 form. It sounds like you purchased the firearm in good faith and then due to some kind of warranty issues it was replaced by the manufacturer. Who could blame you for selling it at that point? That would not be a straw purchase either. I myself would not be worried at all. Just out of curiosity. Is the dealer that you are having it sent to the same dealer that you purchased it from? If so then they should not charge you for the transfer.

 

[sky428]

Just because you own a firearm does not always mean you are free to sell it. One example of an illegal sale of a firearm without a license would be: Let’s say that a guy named Joe has a table at the local flea market and someone walks up to him and sells him a firearm for $75. Then Joe puts that same firearm out on his table for sale at $100 hoping to earn a quick profit. Joe would then be engaging in a firearm business without a license. A few years ago several flea market vendors found this out the hard way in the Tulsa area. None of this applies to the original post, but I figured I would bring it up after reading some of the responses.