Posted: 3/9/2006 6:24:01 AM EDT
| I wanted to transfer a ak-74 which I bought off of the equipment exchange on here. the FFL was sent, gun paid for, gun sent, I go to pay the transfer fee and the 10 dollar background cheak(oregon) and I'm deined by the Transfer dealer because no "paper work" came with the gun. he won't sell it with out it. I had a hunch that this was his policy(which i was unaware of, and he knew this was the frist time i had done a transfer through him) I have done 5 other transfers with out a problem, some came with paper work, some without. so i wanted to find out what is the real deal with this. so I called to ATF, they didn't know and said they would give me a call back. What can I do? oh and to make matters difficult I can't get a hold of the guy that i bought it from. I pretty sure he does not have a FFL so what other kind of paper work would be required?? |
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That could be. The receiving dealer has to log the rifle into his book as coming from someone. Usually it's one of the distrubuters he regularly does business with, or another dealer who's sent an FFL. But with a private sale that didn't include the seller's name and address your dealer has absolutely no idea who to write down and if can't properly log it in he really can't release, or log out, the rifle. |
Yeah this is the grey area that alot of FFL's side on caution about. They are putting a name in their book with no real hands on confirmation the details are correct. Thats why alot of them only accept FFL to FFL transfers, it takes the issue out of the mix entirely. It seems like the FFL does accept private party transfers, but he should be clear what kind of paperwork he wants to satisfy his concerns. In reality he really doesn't need anything in paper form, but it is his book and FFL and he needs to protect his business anyway he sees fit. He should have just been ditrect with his requirements BEFORE he told you to send the gun to him. |
Some dealers insist on going beyond what is requiered by ATF  All that is legally needed is: -A copy of the receiving FFL, sent to the shipping FFL -A name and address of the shipping person or company.The shipping label and your payment records should have that information. Obviously what FFLs ask for, is their prerrogative.They can say:"in order for me to do this transfer for you,I want your birth certificate,baptism records,your wife's breast meassurements" or any other BS they can think of......but it is NOT REQUIRED by LAW! It might be common courtesy to send a copy of the sender's FFL to the receiving FFL,it might be prudent....but it is NOT REQUIRED It is also obvious,that you can then say to that FFL:"thanks but I am not doing business with you",and take it to someone who is not so ANAL.Hopefully, BEFORE the gun is shipped to them. When I have confronted FFLs who claim it is illegal/mandated by BATF to ship without including a copy of the shipper's FFL,they often say:Well it's irrelevant because I DEMAND IT! Duhhh,then do not say it is a legal requirement,because it is not. It pisses me off when the receiving FFL says that, what they personally demands are an ATF requirement.  The information stated in my opinion, has been corroborated by ATF! |