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Gold Bullet member
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Well we all know that the buyer needs to send a signed copy of his FFL 01/03 before shipment, but what about the seller? Since I let my C&R expire I've gone through a dealer for buying and selling. I've had people swear that all the seller needs is to supply a copy of his drivers license, but my dealer reqires a an FFL from the seller. Some sellers refuse or are unwilling to go through a dealer (and pay the transfer fee). How about you all? Would you buy from someone unwilling to to supply an FFL ?
 

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A seller is not required to provide an FFL. I have made many purchases from out-of-state sellers who are not even a CRFFL holder. Any CRFFL holder or FFL holder knows that he/she should provide a copy to the buying FFL when a transfer is made.
 

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The chain of custody is always maintained when buying. Otherwise, there would be a record of you buying and selling. Just as long as it can be tracked by buyer, it will always be traceable. Technically speaking. With exception to gunshows.
 

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Firearms have to shipped to an FFL but any non prohibited person can ship a firearm without an FFL.
 

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I just sent a Rossi 511 in .22Lr to an 01 FFL via Fedex Overnight and all they wanted was his FFL at the shipping counter.
 

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Mr. Flashy Pants
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There is no federal law requiring the seller to have an FFL. State and local laws may vary. The only advantage is that handguns can go 01FFL to 01FFL through the USPS saving the expense of overnight common carrier. It doesn't matter if the handguns are C&R or not since the FFLs are 01. A non-FFL, or 03FFL for that matter, can still ship an 01 handgun to an 01FFL. I have heard of FFLs who will not accept a shipment from a non-FFL. In those cases they will just have to find somebody else to buy from, or pay whatever my FFL wants to charge and wait until I get the firearm there, which might be a month or two.
 

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Diamond with Oak Clusters Bullet Member
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I know a few 01 FFL holders who will not take shipment from a person who does not have a FFL.

Generally speaking their reasoning is that they have no idea of who the seller/sender is and do not want to get involved with any irregularities. But if it comes from from an FFL, then there is a lesser concern since they are relying on ATF to screen the FFL holders.

I have a friend who has an 01 FFL. He took shipment of a long gun from an individual for a customer in the Pittsburgh area. The customer failed the NICS check. Now he is stuck with the shotgun. He cannot send it back and he cannot deliver it to the end customer. He consulted ATF and was told that "he" the dealer owned the shotgun. The customer is threatening to sue because the dealer can not sell it to another person or give him the money for it (for a price the customer wants - which price is in excess of the value of the shotgun). Probably when all is said and done, the dealer will have no problems, but with possible attorney fees and a long, long headache.

If it had come from an FFL holder, all the dealer would have had to do was to ship it back to the sending FFL and then let the customer work the details out with him.

Personally I have accepted shipments from an unlicensed person, but it is something I am buying for my collection and I have alreadt seen it. I doubt very much if I would accept a shipment from an unlicensed person for a "3rd" party unless I knew the seller.
 

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A FFL holder is required to have the same info from seller (Photo ID, DOB, etc.) in a mail order transaction as in a face to face purchase. I can tell you that most non-FFL's do not provide all info requested and for $25 or so your dealer does not need any extra BS. This is why many wont accept guns from individuals, not ignorance. We have had to threaten a few that we were going to turn their gun over to the ATF (what else can you do) unless we had all required info to properly accept firearm in order to gain their full cooperation.
 

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There is no federal law requiring the seller to have an FFL. State and local laws may vary. The only advantage is that handguns can go 01FFL to 01FFL through the USPS saving the expense of overnight common carrier. It doesn't matter if the handguns are C&R or not since the FFLs are 01. A non-FFL, or 03FFL for that matter, can still ship an 01 handgun to an 01FFL. I have heard of FFLs who will not accept a shipment from a non-FFL. In those cases they will just have to find somebody else to buy from, or pay whatever my FFL wants to charge and wait until I get the firearm there, which might be a month or two.
My point was that a seller can not ship a non-C&R handgun to a FFL003 or non-licensed recipient. I thought the 5th reply could be mis-interpreted as it referenced "firearms", not "long arms".
 

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There is no federal law requiring the seller to have an FFL. State and local laws may vary.
Correct. . .

The only advantage is that handguns can go 01FFL to 01FFL through the USPS saving the expense of overnight common carrier. It doesn't matter if the handguns are C&R or not since the FFLs are 01.
Correct . . .

A non-FFL, or 03FFL for that matter, can still ship an 01 handgun to an 01FFL.
Correct, but by common-contract carrier (UPS, FEDEX, etc.) only, *NOT* via USPS.

I have heard of FFLs who will not accept a shipment from a non-FFL.
This is *VERY* common, especially in paranoid places such as California.

In those cases they will just have to find somebody else to buy from, or pay whatever my FFL wants to charge and wait until I get the firearm there, which might be a month or two.
Exactly. . .
 

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Diamond with Oak Clusters Bullet Member
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I think the 01 in the case above is getting bad information from the ATF. He should be able to send it back to the guy that sent it to him since it came from him.

The sendor has no license and it was not sent for repair. Then there is the question of the money that the buyer alreasy paid the sender.
 

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Diamond with Oak Clusters Bullet Member
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Its only been a year. I do not think the buyer is going to be able to change it.

I was not told the reason for the denial, but I would venture to guess that he has a Domestic Violence incident on his record somewhere. That is the one that seems to catch a lot of people.
 

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A few years ago, before I got my C&R, I bought a rifle from a board sponsor and had it shipped to a local gun shop to be transferred to me. The seller didn’t include a copy of his FFL and the owner of the gun shop would not transfer the gun until he received the seller’s FFL for his files. The reason he said was that since he was not the original buyer and was transferring the rifle to me by the ATF’s rule he had to have a copy of the sellers FFL on file. I am no lawyer but when I read the ATF rule, I also interpreted the rule to be as the gun shop owner.

Well we all know that the buyer needs to send a signed copy of his FFL 01/03 before shipment, but what about the seller? Since I let my C&R expire I've gone through a dealer for buying and selling. I've had people swear that all the seller needs is to supply a copy of his drivers license, but my dealer reqires a an FFL from the seller. Some sellers refuse or are unwilling to go through a dealer (and pay the transfer fee). How about you all? Would you buy from someone unwilling to to supply an FFL ?
 

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I do not have a FFL or C&R ,I had a problem with selling a C&R rifle on line. I sent the rifle to the FFL with a copy of my DL. The buyer did not pass ncis check. The matter was resolved after 6 months. I had the rifle shipped to my FFL gave the jerk a refund minus the shipping and transfer costs. It took so long becouse the FFL it was sent to was accusing me of wrong doing and was not very willing to resolve the matter.
 

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See Q&A in March 06 FFL Newsletter on ATF web site.

As I understand it, an 01 dealer is not required by regulation to receive only from other 01 licensed dealers, but the dealer is charged with the responsibility to establish the identity of the person to his satisfaction.

In the case of receiving a firearm through the mail or package shipment from someone he will never see face to face, if he chooses to do so through a copy of an 01 FFL, that is his prerogative. An 01 FFL can be easily verified on the ATF website. A C&R license can't be checked online, nor can a driver's license.
 
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