This is a discussion on Personal Gun within the FFL Dealer Discussion forums, part of the Related Topics category; I have a personal gun that I want to sell. It has been logged out to me maybe 4 to 5 years. Now I want ...
Post By SIGP250
January 17th, 2014 09:33 PM
I have a personal gun that I want to sell. It has been logged out to me maybe 4 to 5 years. Now I want to sell it. The guy that want to buy it is out of town. The questions is, I know as a dealer i can only transfer a gun at my shop or at a gun show. Does this apply to a personal gun?
What I plan on doing is have the buyer complete the 4473, run the back ground check and if he passes, log the gun back into the A&D log. Just not sure about the transaction away from the shop.
January 17th, 2014 11:51 PM
You say Logged out 4-5 years, I'm assuming you are an FFL who took a firearm out of inventory for your personal use.
Originally Posted by KnotRight
If you recorded the transaction in your bound book at the time you took it out of inventory, you can sell the firearm from your personal collection after 1 year. If that is the case, no further disposition is recorded in your bound book (the disposition was to your personal collection).
It is however advisable to maintain a personal collection inventory so your personal collection is not confused with store inventory should you be audited.
If you did not record the disposition as taken out of inventory for personal use, the firearm should only be listed in your bound book as an acquisition (when the firearm was acquired) and still in inventory. The disposition in your BB should then still be "open" or blank.
You say the person is from out of town. As an FFL you can only complete a firearm transaction within your own state and the buyer must also be a resident of your state. Rifles may be sold over the counter to an out of state person if your state and his state law allows.
You can sell the firearm to a person out of state but the firearm will need to be sent to another FFL in the buyers home state. The local FFL you ship the firearm to executes ATF Form 4473 and is responsible for your buyer's background check.
So.. If you didn't record the disposition in your BB for personal use, it's technically still an inventory item (used or not). When you sell the firearm, you will record the disposition as the FFL you are shipping the firearm to, not the buyer.
If the buyer IS a resident of your state and you did not record the disposition in your bound book, you simply treat the sale as an ordinary transaction. Customer fills out form 4473 at your premises, you complete the background check and record the disposition in your BB as a sale to the buyer.
If you Did take the firearm out of inventory, recorded the disposition in your BB as taken out of inventory for personal use and Did keep the gun for at least 1 year, you can sell the firearm as a face to face transaction (no BB entry and no 4473 and not BG check) the same as a non licensee selling a firearm to another person, providing you have no reason to believe the buyer is not legally able to possess a firearm.
Hope that's clear.
If you understand, things are just as they are... If you do not understand, things are just as they are....
- Zen Saying
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