I have a question - what if I need to take my gun to a gunsmith?  Will that also have to go through an FFL, since the firearm transferred hands?

Thanks!

There is an exception for a licensed gunsmith.

Here is a flow chart (I didn't make it)

Negative on the red part.  Federal law says that if you give the FFL the firearm for "gunsmithing/repair", then the FFL doesn't have to complete a 4473 and a NICS check to return it to the original owner.  BUT, in this case, the owner isn't giving the FFL the firearm for "gunsmithing/repair", he is doing it to transfer it to another individual.  The federal exemption for gunsmithing/repair doesn't apply here.  In order for the original owner to get the firearm back due to a denied transaction (which typically takes days to get, it usually pops as a "delay" first), they'll have to complete a 4473 and a NICS check.  Basically it is like a pawn redemption or consignment return at this point.  

So imagine a "worst case scenario" with a handgun:  Seller comes in with a buyer, neither have a CPL.  FFL logs in the firearm, buyer fills out 4473 and State Application to Transfer pistol (ATP) and the FFL sends the ATP form to the LE agency with jurisdiction.  10 business day wait begins, and this LE agency is notorious for taking ALL 10 business days.  Business day 11 arrives and the LE agency tells the FFL "Deny."  Now the seller has to come back (FFL still has the gun, it can't leave the premises without a 4473 now, despite what I-594 says since it conflicts with federal law, and the more restrictive law applies), and he has to complete the 4473 and ATP and wait for the LE agency to run the background check (remember, he doesn't have a CPL either.)  As it happens, it is the same agency, so 11 business days later, they tell the FFL this person is also a "Deny."  What does the FFL do now?  He can't legally give the original owner back his firearm.  The firearm is now in limbo, stuck at the FFL until the now-denied seller can find a buyer, assuming he doesn't get into trouble with the law first and they confiscate the thing (based on the Deny response.)  The FFL has also now had the gun in the safe for over 30 days (counting weekends), and who knows how many more.  Plus he has a really pissed off seller that wants his gun back.


I've only had 3 "Deny" responses in over 6 years, and two fought the "Deny" through the appeals process, but it took about 8 months to get it cleared up.  The third one had a WA CPL that was issued not long before trying to buy the handgun.  She didn't appeal the denial.  Strange that she had a CPL though.....

As for your last part, my rate for "private sales" is going to be identical to my rate for current transfers for online purchases.  There is no difference in the amount of work involved, so I don't know why an FFL would be expected to charge less for one type of transfer over another (for Title I firearms that is.)

These scenarios are only true after you have already been convicted once of breaking the rules in I-594. All consecutive transfers are indeed their own crime, but they are not felonies unless you've already been convicted.

Correct!

I have too ask, where in the 2nd amendment does it say that the right to keep & bear arms is predicated on ownership?  Seems to me that such a prerequisite does not exist, & as such, this law clearly violates this guaranteed individual right.

If someone shoots into my home & hits me, is my wife not entitled to take up & bear arms that I may own for defense if I am incapacitated or KIA?  I'm pretty sure that's not what the framer's envisioned.

Actually the ATF clarified the process for private transfers last year. You don't enter it into your bound book until the transfer takes place (and you must put the words "private transfer" in block 30c) and if there is a delay, the seller can either leave it with the FFL or take it home and bring it back before the actual transfer takes place.
https://www.atf.gov/sites/default/files/assets/pdf-files/atf_proc._2013-1_-_private_firearms_transfers_through_ffls.pdf

There is one store that can kiss my ass that wanted to meet with my boss and a few other stores in the area to essentially price fix transfers... whether when someone orders something from Bud's or Gunbroker, or is selling his buddy a rifle.

I will say that I5 has not, and for the foreseeable future will not, raise it's transfer rates above the current $25... and we're talking about having a "2nd Amendment" day each month, but the owner hasn't decided for sure yet.

Thanks!  I missed that memo, but I do remember the initial guidance.  In any case, I plan to have a separate bound book for private transfers, and the 4473s will be filed separately too. But good to know the ATF has outlined a specific process.

We do have a state handgun registry that attaches a serial number to a name. This is my big question. Will the state expand this registry to include all firearms and require a form for every firearm owned? Something of that order would be the only way it would be enforceable.

Who?





Not like there's a big list of bosses who would want to do that.



 

I saw this shady ass behavior from a mile away. I really think you need to reveal the store. Just another gun store who is just "following" the law. Fuck them, Fuck anyone looking to get rich with transfers and Fuck about 60% of my fellow Washingtonians.

 

 

Let me guess, DGS?

 

That's not just unethical, it runs afoul of federal anti competition and price fixing laws.  Whoever walked in and suggested that committed SEVERAL federal felonies just by opening their mouth, and tried to drag you into it.

Burn them.  Now.  They need to go down hard.

Because I work for a competitor I don't want to give a name because that could make it look like I'm just trying to get rid of some of the competition... and the whole risk of a lawsuit thing.

Well,.... if anyone wants to buy or sell with me, and has a .mil ID card, outdoor rec on North Fort Lewis does transfers for $30 and no sales tax.  Had my AUG shipped to them for the transfer.