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MMcCall
Location: Mill Creek Joined: Mon Jul 23, 2012 Posts: 154
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What's the protocol if the buyer doesn't have a CPL, but passed the NICS check? We just wait a certain amount of time and then I hand it over anyway?
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Tue Jun 27, 2017 4:43 pm |
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thefuryoffire
Site Supporter
Location: Fairwood, WA Joined: Thu Jul 25, 2013 Posts: 1111
Real Name: Jon
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The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm.
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Tue Jun 27, 2017 5:00 pm |
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RocketScott
Site Supporter
Location: Kentucky Joined: Fri Jan 16, 2015 Posts: 11045
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thefuryoffire wrote: The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm. Wouldn't that be another transfer? Not trying to be a smart ass. Just seeing one more reason this was a poorly thought out law. Sent from my iPhone using Tapatalk
_________________ You may be right, I may be crazy, but it just may be a lunatic you're looking for
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Tue Jun 27, 2017 5:24 pm |
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MMcCall
Location: Mill Creek Joined: Mon Jul 23, 2012 Posts: 154
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thefuryoffire wrote: The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm. That's what I would have thought, except the FFL told us to get bent and they weren't a pawn shop. So now I've got the gun and the money, and this poor guy who is good to go federally but hung up on the state BS.
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Tue Jun 27, 2017 5:24 pm |
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AR15L
Site Supporter
Location: Nampa, Idaho Joined: Thu Mar 17, 2011 Posts: 19386
Real Name: Rick
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MMcCall wrote: thefuryoffire wrote: The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm. That's what I would have thought, except the FFL told us to get bent and they weren't a pawn shop. So now I've got the gun and the money, and this poor guy who is good to go federally but hung up on the state BS. That's what you get for follo... 'er, nevermind.
_________________ ‘What’s the point of being a citizen if an illegal gets all the benefits’
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Tue Jun 27, 2017 6:18 pm |
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Jonathan Brown
Site Supporter
Location: SnoCo Joined: Thu Mar 17, 2011 Posts: 2360
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I don't personally do any of this of course, but someone could just hand over gun in exchange for cash, face to face, and be done with it.
_________________ "The faster you shoot, the less shot you will get."
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Tue Jun 27, 2017 6:39 pm |
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Selador
Site Supporter
Location: Index Joined: Thu Aug 23, 2012 Posts: 12963
Real Name: Jeff
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Disassemble the gun, and give him everything except the part with the number on it.
Write up a contingent bill of sale. He'll get the rest, when the transfer finishes. Sign it. Give it to him.
Its a given that you'd hold onto the money until it is finished. And return it in exchange for the parts if it doesn't go through.
_________________ -Jeff
How can I help you, and/or make you smile, today?
You are entitled to your opinion. You are not entitled to tell me what mine must be.
Do justice. Love mercy.
“I would rather have questions that can't be answered than answers that can't be questioned.” ~ Richard P. Feynman
Last edited by Selador on Tue Jun 27, 2017 7:08 pm, edited 1 time in total.
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Tue Jun 27, 2017 7:07 pm |
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thefuryoffire
Site Supporter
Location: Fairwood, WA Joined: Thu Jul 25, 2013 Posts: 1111
Real Name: Jon
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MMcCall wrote: thefuryoffire wrote: The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm. That's what I would have thought, except the FFL told us to get bent and they weren't a pawn shop. So now I've got the gun and the money, and this poor guy who is good to go federally but hung up on the state BS. WTF is that. Can we get the name so I know not to work with them?
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Tue Jun 27, 2017 7:07 pm |
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thefuryoffire
Site Supporter
Location: Fairwood, WA Joined: Thu Jul 25, 2013 Posts: 1111
Real Name: Jon
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RocketScott wrote: thefuryoffire wrote: The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm. Wouldn't that be another transfer? Not trying to be a smart ass. Just seeing one more reason this was a poorly thought out law. Sent from my iPhone using Tapatalk I don't disagree. I've sold enough guns through 594 to see how this works - WCA, Pinto's and Pantel all have told the buyer that they will hold onto the gun and call them when they can release. I also overheard the conversation where they explained what happens if there is a denial at WCA, if I remember (it's been a couple of years now, I think) they offer to buy it from the buyer or post it on consignment. I noped the hell out of there with my cash.
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Tue Jun 27, 2017 7:09 pm |
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Guns4Liberty
Site Supporter
Location: Lynnwood/Bothell Joined: Thu Jul 31, 2014 Posts: 8552
Real Name: Curtis
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The kitchen table FFL I always use told me that if the buyer in a private party transfer is denied on the BGC, he is technically required to do a BGC on the seller before giving him back his own gun. The reason he gave is this: once the FFL logs the firearm in his bound book, he becomes responsible for it, and thus cannot transfer it to anyone without running a BGC first - even the seller. So if the buyer receives a "Deny" and the seller then receives anything other than a "Proceed", the seller doesn't get to go home with his own gun. Granted, I have not attempted to independently verify this, but it wouldn't surprise me if it was true.
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Tue Jun 27, 2017 7:54 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 51917
Real Name: Steve
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MMcCall wrote: What's the protocol if the buyer doesn't have a CPL, but passed the NICS check? We just wait a certain amount of time and then I hand it over anyway? Something's not clear here. Was this a handgun transfer, or a long gun?
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Tue Jun 27, 2017 8:03 pm |
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os2firefox
Site Supporter
Location: Everett, WA Joined: Sat Aug 4, 2012 Posts: 2798
Real Name: Snek on de ladder
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When that happened to me, the FFL held onto the pistol until the buyer got the proceed. You need to find a better FFL.
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Tue Jun 27, 2017 8:33 pm |
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Unicorn
Joined: Tue Apr 19, 2011 Posts: 2597
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If it's a handgun with the buyer not having a CPL then the dealer doesn't know any results of any background check until the city or county gives a proceed or denial. The FFL should not be conducting a NICS check. Without a CPL the city/county does all three background checks (federal, state criminal, and state mental health check), the dealer does none. It is the exact same process as if you sold the dealer the gun and the dealer sold it to the customer.
If the buyer gets a deny, or if the deal fall through for whatever reason, the FFL must do a background check to give it back to the seller.
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Tue Jun 27, 2017 9:55 pm |
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Ops
Site Supporter
Location: Piece/Clallam Joined: Wed Oct 17, 2012 Posts: 10688
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if the buyer gets a denial he could be out what he paid. It depends on the Original Seller and the FFL.
_________________Yaki's - last journeyPromote a Growth Mindset. Don't let a fixed mindset not allow change for the better.
pow·er trip - noun - a self-aggrandizing quest for ever-increasing control over others.
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Tue Jun 27, 2017 10:32 pm |
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Ops
Site Supporter
Location: Piece/Clallam Joined: Wed Oct 17, 2012 Posts: 10688
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MMcCall wrote: thefuryoffire wrote: The FFL will hold onto the firearm until it can be released to the buyer. The buyer should give you money once the FFL takes possession of the firearm. That's what I would have thought, except the FFL told us to get bent and they weren't a pawn shop. So now I've got the gun and the money, and this poor guy who is good to go federally but hung up on the state BS. someone is not following the law with no CPL they shouldn't be running a nics check. They have to send it to the local PD . Which FFl is this? you definitely don't want to deal with them.
_________________Yaki's - last journeyPromote a Growth Mindset. Don't let a fixed mindset not allow change for the better.
pow·er trip - noun - a self-aggrandizing quest for ever-increasing control over others.
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Tue Jun 27, 2017 10:35 pm |
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