Does the seller need to be present at FFL for a BGC?

[ClangClang]

I would like to buy some guns from someone who is homebound and can't make the trip to the FFL. Is there a specific procedure or just show up with the guns?

Side question: Let's say NICS is denied/delayed (it never has been for me, I'm just curious) - what happens then?

[Mazin]

Yes seller has to be present because the FFL needs to log his information from his DL. Now once he has had the gun logged into the FFL's A&D book he can leave but if you don't pass the check then he will have to come back and do a bgc to get his gun back. Now some FFL's allow you to send a copy of your DL with an out of state xfer (gunbroker) but most want a FFL to FFL xfer.

[ClangClang]

Any options if the seller can't be present?

[Mazin]

Not to my knowledge. It's times like these that I really miss the good ol days.

[Mazin]

Now if I'm wrong guys please correct me but how would the FFL know if it's not stolen goods without a seller present?

[roberth]

Find an FFL who will travel to your homebound person, FFL can do the BGC from anywhere if they have an internet connection.

[ClangClang]

Missing the "good old days" indeed. Shit, I moved here from NJ and even there I could buy a rifle from another party, no questions asked. Time to move to WY...

[Mazin]

Now that's tricky because I always thought that The FFL is tied to the address listed on its license, when ever a FFL does any firearm transaction outside the address listed doesn't it then become a gunshow?

[Circuits]

Find an FFL who will travel to your homebound person, FFL can do the BGC from anywhere if they have an internet connection.

NOT LEGAL! Must occur at FFL's licensed premises, or a bona fide gun show.

Only way for an FFL to conduct the transfer at a bedridden person's home would be for the home to be the site of a bona fide gunshow under the regulations.

OP, the seller can have a family member transport them, or ship them by common carrier to the FFL for you to do your BGC and pick them up - though as noted, if you failed to pass the BGC, another BGC might end up being required to return them.

[Bailey Guns]

OP, the seller can have a family member transport them, or ship them by common carrier to the FFL for you to do your BGC and pick them up - though as noted, if you failed to pass the BGC, another BGC might end up being required to return them.

If possible, that would be the best way. Seller can "transfer" the guns to an immediate family member, family member can show up at gun store as seller, do check, done deal.

Isn't there something in the CO law about 72 hours, no check needed? I thought there was. Seller could "loan" guns to buyer long enough to get to FFL with copy of seller's DL?

[HoneyBadger]

Any options if the seller can't be present?
There are always options... [Muaha]

[Irving]

If one can ship guns to an FFL, how is that any different than just not being there? Also, can your seller just ship the gun to the FFL?

[roberth]

NOT LEGAL! Must occur at FFL's licensed premises, or a bona fide gun show.

Only way for an FFL to conduct the transfer at a bedridden person's home would be for the home to be the site of a bona fide gunshow under the regulations.

OP, the seller can have a family member transport them, or ship them by common carrier to the FFL for you to do your BGC and pick them up - though as noted, if you failed to pass the BGC, another BGC might end up being required to return them.

Oh I didn't know. Thank you.

[Aloha_Shooter]

I thought the Dems said any gathering of 3 or more people talking about, handling, or exchanging firearms, firearm parts, or firearm supplies was considered a "gun show"? Wasn't that their fix for the so-called loophole?

[bczandm]

A few thoughts:
A) how old are the guns? If the qualify as C&R a background check is not required. I would guess if the seller wants to have a background check done you can take the firearms to a FFL holder yourself and get a bgc done.
B) See number 8 below, this might be the answer if the first choice won't work.
C) If there are immediate family around I think the current law allows the transfer to family without a bgc. See #2 below and determine if this meets the criteria.
D) If neither of these work I'd suspect they could be transfered by a 3rd party if the 3rd party has power of attorney....but that's a question for the lawyers.
Glad to see your efforts to keep it legal and do it right!

The new law exempts from the background check requirement transfers:
1. of an antique firearm (18 U.S.C. § 921(a)(16)) or a curio or relic (27 C.F.R. § 478.11);
2. of a bona fide gift between immediate family members;
3. occurring (a) by operation of law or (b) because of the death of a person for whom the prospective transferor is an executor or adminisrator of an estate or a trustee of a trust created by a will;
4. of a temporary nature that occur in the home of an unlicensed transferee if he or she (a) is not prohibited from firearm possession and (b) reasonably believes that firearm possession is necessary to prevent imminent death or serious bodily injury to the transferee;
5. of possession that are temporary and that take place (a) at a shooting range that meets specific ownership requirements; (b) at an approved target shooting competition; or (c) while legally hunting, fishing, target shooting, or trapping;
6. made to facilitate the repair of a firearm as long as all parties possessing the firearm may do so legally;
7. of a temporary nature that occur while in the continous presence of the owner of the firearm;
8. for up to 72 hours, during which time the transferor may be jointly and severally liable for damages caused by the transferee's unlawful use of the firearm; or
9. to any immediate family member from an armed services member who will be deployed outside the U.S. within the next 30 days.
The exceptions listed in the new law do not limit or alter the applicability of a different state law that prohibits the purchase or obtainment of a firearm on behalf of, or for transfer to, a person whom the transferor knows or reasonably should know is ineligible to possess a firearm under state or federal law (Colo. Rev. Stat. § 18-12-111).

[Ah Pook]

I thought the Dems said any gathering of 3 or more people talking about, handling, or exchanging firearms, firearm parts, or firearm supplies was considered a "gun show"? Wasn't that their fix for the so-called loophole?

That's what I was thinking. They threw that in so people couldn't go to the gun show's parking lot and "do a deal".

[Circuits]

That's what I was thinking. They threw that in so people couldn't go to the gun show's parking lot and "do a deal".

That's Colorado's definition. To meet the federal definition in order for an FFL to do a transfer there, it needs to be sponsored by a shooting organization. The particulars of which are in the CFR.

[Circuits]

If one can ship guns to an FFL, how is that any different than just not being there? Also, can your seller just ship the gun to the FFL?

The seller doesnt have to be there, the guns just have to get to the FFL premises somehow.

[Bmac]

There are always options... [Muaha]


[panic]