Posted: 5/27/2014 12:56:07 PM EDT
|
Just had an interesting learning experience regarding selling one of my handguns through a gun store consignment. I'm not going to "name names", as my post is intended not to criticize the gun store, but to share with you all the stupid BS that happened.
I was interested in thinning the herd a bit, so I decided to put my 9mm pistol on consignment at my local gun store. It had been several weeks without one bite, so I wanted take it back and at least shoot it some more. Upon making the request, I was promptly handed a 4473 and asked for the $10.00 background check. Say what? You're going to run a BGC on me for a gun that I already own and had a BGC for? I was told by one of the perpetually grumpy sales guys at my LGS, that they were just following ATF rules and if I had a problem with it, take it up with the local field office (Ahh, what customer service!). The whole thing just seemed so stupid to me. I didn't "transfer" the gun to my LGS (although from their perspective I did), and as such they were required to perform a transfer back to me and conduct a BGC....for a gun I already own and already had a BGC for, plus the $10.00 to Hickenpooper. While I didn't have a problem passing the BGC, the grumpy LGS guy said that on more than one occasion a consignment seller couldn't pass a BGC now and subsequently forfeited their firearm to said LGS. After voicing my frustration about all the BS, I did get my gun back and will enjoy shooting it again. However, after learning this, I certainly won't be consigning any more guns with this gun store or any other. Actually, I think I will pass on selling anything else at this point and just start buying! Rant off..... |
|
Quoted:
It's not the atf. it's the new colorado specific background check law. NOPE. Worked in a shop a few years ago on the weekends. Any gun on consigment was logged into the gun shop's books. A background check had to be completed to get your own gun back. The $10 fee is new though. |
|
Quoted:
NOPE. Worked in a shop a few years ago on the weekends. Any gun on consigment was logged into the gun shop's books. A background check had to be completed to get your own gun back. The $10 fee is new though. Yup, this is why you should just sell it right here on arfcom in the EE. Plus, a couple of shops require that you leave it for at least 30 days + the commission that they take right off the top...fuck that noise. 
|
|
Quoted:
NOPE. Worked in a shop a few years ago on the weekends. Any gun on consigment was logged into the gun shop's books. A background check had to be completed to get your own gun back. The $10 fee is new though. Quoted:
Quoted:
It's not the atf. it's the new colorado specific background check law. NOPE. Worked in a shop a few years ago on the weekends. Any gun on consigment was logged into the gun shop's books. A background check had to be completed to get your own gun back. The $10 fee is new though. Yup. After my first experience of having to do a BGC on a guy to get his guns back, I made it very clear to everyone else that wanted to consign a gun 
|
|
When consigned the owner transfers possession to the shop.
When you pawn a gun, you transfer possession to the pawn shop. The operative word is "Possession". Federal Regulations. The shop did nothing wrong or shady. Now the 10.00 "fee" you can thank our legislators for. |
|
Quoted:
Would this situation also apply to a gunsmith who is also an FFL if they have the gun overnight? Not in my experience. But, you can also send a gun to the manufacturer for warranty work or gunsmithing and they can ship it directly back to you. As hockysew mentioned the word, maybe they aren't taking "possession." |
|
Quoted:
Would this situation also apply to a gunsmith who is also an FFL if they have the gun overnight? A couple of things on the business of Gunsmithing: 1- a Gunsmith MUST be a FFL if they profit in any manner from Gunsmithing operations. 2- a Gunsmith MUST record firearms in their bound book if they retain possesion of the firearm more than one business day. In answer to your question: No it does not. The only time a 4473/BGC is required for Gunsmithing purposes is if a different party than who dropped the firearm off for repair picks it up. This holds true at the Federal and State level. They tried to push for it a couple of years ago when 1224 and 1229 were shoved down our throats but luckily it died. |
| I seem to recall a recent story about a woman whose firearm was taken by the police for safekeeping as she was transported to the hospital after a car accident. Now the police don't have an FFL to transfer it back to her, and don't seem particularly interested in helping to make that happen (thanks to their attorneys). Of course no one seemed to care that it wasn't officially transferred to them in the first place. Sounds like the same BS as a result of poorly written, knee-jerk laws. |
|
This seems like a lot of BS and the LGS is in CYA mode, with some Derp mixed in for the hell of it. I'm pretty sure they are wrong, and yeah, I am an FFL.
If someone consigns a gun, it is logged into the bound book the same way as if it were a gunsmithing project. If the same person comes and picks it back up, there is no difference - just log it back out to them. If someone can point me to the page in the big ol ATF book that says otherwise, it would be news to me. The new law that caused the cops here in Fort Collins to have to transfer those guns back to their owners makes my head itch too. I sure would like to see JAX's book and see what they put for "received from", then see the official transfer between the original owner and the police. That would be a fun one for some lawyers to look into if anybody cared enough. |
|
Quoted:
This seems like a lot of BS and the LGS is in CYA mode, with some Derp mixed in for the hell of it. I'm pretty sure they are wrong, and yeah, I am an FFL. If someone consigns a gun, it is logged into the bound book the same way as if it were a gunsmithing project. If the same person comes and picks it back up, there is no difference - just log it back out to them. If someone can point me to the page in the big ol ATF book that says otherwise, it would be news to me. The new law that caused the cops here in Fort Collins to have to transfer those guns back to their owners makes my head itch too. I sure would like to see JAX's book and see what they put for "received from", then see the official transfer between the original owner and the police. That would be a fun one for some lawyers to look into if anybody cared enough. Ask and ye shall recieve whiskeyjacked. From the BATF Webinar 20 July 2012: How does a licensee return a consignment firearm to its original owner? Consignment firearms have always required the completion of an ATF Form 4473 upon return of the firearm to the person who placed it in consignment. These firearms are placed in the licensee’s business inventory for sale and at that time they are entered in the licensee’s business acquisition and disposition record book. If the licensee does not sell the firearm, it may be returned to the unlicensed individual. At that time, an appropriate entry is made in the licensee’s acquisition and disposition record book as a disposition from the business inventory and the ATF Form 4473 is completed. Therefore, if a consignment firearm is not sold and returned to the person who placed it into consignment, a NICS check is required |
|
Ask and ye shall recieve whiskeyjacked.
From the BATF Webinar 20 July 2012: How does a licensee return a consignment firearm to its original owner? Consignment firearms have always required the completion of an ATF Form 4473 upon return of the firearm to the person who placed it in consignment. These firearms are placed in the licensee’s business inventory for sale and at that time they are entered in the licensee’s business acquisition and disposition record book. If the licensee does not sell the firearm, it may be returned to the unlicensed individual. At that time, an appropriate entry is made in the licensee’s acquisition and disposition record book as a disposition from the business inventory and the ATF Form 4473 is completed. Therefore, if a consignment firearm is not sold and returned to the person who placed it into consignment, a NICS check is required Hmm. Thanks for that lesson. I don't do much retail without a "storefront", and obviously no consignments. I can't imagine having shoppers tripping over air hoses and slipping on cutting fluid... |