Posted: 2/28/2013 3:53:41 AM EDT
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Ok Florida Brothers I need some legal advice/help here! I sold a Firearm on Gunbroker and the winning bidder lives in Nevada and He wants to pay Me for the Firearm and have Me ship it to a FFL Dealer in Virginia for His Brother who He say's it is a gift for. My question is this Legal to do?? I know here in Florida when You fill the form out question 1 ask if You are the actual buyer of the Firearm and if You answer No You are not getting said Firearm!
HELP Please
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Quoted:
Ok Florida Brothers I need some legal advice/help here! I sold a Firearm on Gunbroker and the winning bidder lives in Nevada and He wants to pay Me for the Firearm and have Me ship it to a FFL Dealer in Virginia for His Brother who He say's it is a gift for. My question is this Legal to do?? I know here in Florida when You fill the form out question 1 ask if You are the actual buyer of the Firearm and if You answer No You are not getting said Firearm! HELP Please ![]() I wouldn't do it. The buyer can ship it to his brother himself. |
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Quoted:
Quoted:
Ok Florida Brothers I need some legal advice/help here! I sold a Firearm on Gunbroker and the winning bidder lives in Nevada and He wants to pay Me for the Firearm and have Me ship it to a FFL Dealer in Virginia for His Brother who He say's it is a gift for. My question is this Legal to do?? I know here in Florida when You fill the form out question 1 ask if You are the actual buyer of the Firearm and if You answer No You are not getting said Firearm! HELP Please ![]() I wouldn't do it. The buyer can ship it to his brother himself. +1 brother could be "Non-eligible" to own. |
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Quoted:
Ok Florida Brothers I need some legal advice/help here! I sold a Firearm on Gunbroker and the winning bidder lives in Nevada and He wants to pay Me for the Firearm and have Me ship it to a FFL Dealer in Virginia for His Brother who He say's it is a gift for. My question is this Legal to do?? I know here in Florida when You fill the form out question 1 ask if You are the actual buyer of the Firearm and if You answer No You are not getting said Firearm! HELP Please ![]() You are not doing anything illegal as long as you are shipping it to a FFL. Bottom line, it does not matter who pays for it, what matters is the person picking up the firearm fills out the 4473 and is checked out by the FFL. You end on this deal is shipping the firearm to a licensed dealer, it's the dealers job to have the recepient fill out the proper forms for legal ownership in that state. |
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If you ship it to a FFL in Virginia it is the responsibility of that owner to do the background checks and determine if the person picking up the item is legally able to do so.
The FFL doesn't care who paid for the item. Whether its the person who paid cash or the person is getting it for free a background check will get done just as if it was purchased directly by the Virginia dealer. |
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Quoted: Quoted: Quoted: Ok Florida Brothers I need some legal advice/help here! I sold a Firearm on Gunbroker and the winning bidder lives in Nevada and He wants to pay Me for the Firearm and have Me ship it to a FFL Dealer in Virginia for His Brother who He say's it is a gift for. My question is this Legal to do?? I know here in Florida when You fill the form out question 1 ask if You are the actual buyer of the Firearm and if You answer No You are not getting said Firearm! HELP Please ![]() I wouldn't do it. The buyer can ship it to his brother himself. +1 brother could be "Non-eligible" to own. Wouldn't the FFL you're shipping it to deal with that? |
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Quoted:
Ok Florida Brothers I need some legal advice/help here! I sold a Firearm on Gunbroker and the winning bidder lives in Nevada and He wants to pay Me for the Firearm and have Me ship it to a FFL Dealer in Virginia for His Brother who He say's it is a gift for. My question is this Legal to do?? I know here in Florida when You fill the form out question 1 ask if You are the actual buyer of the Firearm and if You answer No You are not getting said Firearm! HELP Please ![]() You are not doing anything illegal as long as you are shipping it to a FFL. Bottom line, it does not matter who pays for it, what matters is the person picking up the firearm fills out the 4473 and is checked out by the FFL. You end on this deal is shipping the firearm to a licensed dealer, it's the dealers job to have the recepient fill out the proper forms for legal ownership in that state. This is correct, it doesn't make any difference who pays for the firearm. The recipient is the one doing the 4473. |
| Yes, it would fall on the receiving FFL to make sure the transfer paperwork is legal, it still leaves the seller open to shipping an item to someone in another state that is not the auction winner. Maybe I'm just paranoid about internet deals but if the buyer decides to back out or screw the seller over it's not going to look good when the auction winner demands proof that the seller shipped to him and the seller can't provide it. |
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Yes, it would fall on the receiving FFL to make sure the transfer paperwork is legal, it still leaves the seller open to shipping an item to someone in another state that is not the auction winner. Maybe I'm just paranoid about internet deals but if the buyer decides to back out or screw the seller over it's not going to look good when the auction winner demands proof that the seller shipped to him and the seller can't provide it. It's been a while since I bought something on gun broker but I believe after you win the action you put in your shipping address. If you put an address in another state and the seller has delivery confirmation going to that address he would still be covered. |
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It's a rather strange situation in the law, where ATF would look askance on two individuals walking in, and one paying for the gun while the other fills out the form....but if you do it all online, and ship to a store, no one seems to care. Huge difference. The brother in Nv won the auction, and wants to have the OP ship the gun to an FFL in Va to facilitate giving the gun to his brother as a gift. The winner in Nv isn't standing there at the gun store with his brother, giving him money, telling him which gun to buy, and then having him fill out the paperwork. Geesh, this isn't brain rocketry. OP: Where in Va does he want you to ship the gun? |
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Thank You Everyone for Your Reply's they were all good and Helpful Thank's again for the Positive Rely's |