Private Party FFL Transfer

[Circuits]

And keep records, then write a check for your $10 fees you collected for the stupid law at the end of the year?

CBI bills monthly, not yearly.

[brutal]

In response to previous post:

No. If fail, seller has to pass a background check. Laws do not differ any more than consignment or pawn transaction.
FFL's cannot run background checks willy nilly, they have to be attached to firearms. To attach them to firearms, they have to be logged. To return them, seller has to complete check.

If both buyer and seller fail, then it goes on consignment or the store has to keep it.

Actually, you are wrong on this and it has been covered many many times and clarified by the CBI/ATF.

The dealer is not required to put the firearm in their bound book until the BGC is approved and a transfer occurs. Seller does not have to relinquish control of the firearms until said transfer.

[Circuits]

No. If fail, seller has to pass a background check. Laws do not differ any more than consignment or pawn transaction.
FFL's cannot run background checks willy nilly, they have to be attached to firearms. To attach them to firearms, they have to be logged. To return them, seller has to complete check.

This is not true, and it's not the same as a pawn or consignment - ATF issued guidelines to FFLs for private party transfers which specifically address this, and as an FFL you should have received it.

Here's a link to ATF Procedure 2013-1: https://www.atf.gov/sites/default/fi...rough_ffls.pdf Note the section on page 2 under 'Procedure - "Denied" or "Cancelled" transactions'.

The Colorado CBI FAQ says that Colorado law does not require a background check to be conducted on the seller, but incorrectly claims that federal law requires it.

This page, question number 2: http://www.colorado.gov/cs/Satellite.../1251622199556

Since Colorado law does not require it, according to the CBI, and federal law does not require it according to the ATF procedure, it is not required.

[Jim B]

The moral of the story is: it can be a big PITA to sell a gun to a private party. Selling to a dealer for 1/2 or 1/3 what it's worth sucks, too. I'm being very selective about what I purchase, as it's (obviously) easiest to just never need to sell.

[rbeau30]

CBI bills monthly, not yearly.

Even worse. You have to go through the CBI fee payment 12 times a year instead of once. I was just adding up the labor costs in my head and pointing out another cost, I am not an FFL.

[merl]

Even worse. You have to go through the CBI fee payment 12 times a year instead of once. I was just adding up the labor costs in my head and pointing out another cost, I am not an FFL.

That one is not a cost adder as any FFL would already be doing it and it is general overhead. (assuming you do not have to submit an itemized accounting, CBI should submit that to you)

[rbeau30]

That one is not a cost adder as any FFL would already be doing it and it is general overhead. (assuming you do not have to submit an itemized accounting, CBI should submit that to you)

:-) This is why I gladly pay the fees the dealer charges me to keep up with all this laws and procedures so I don't have to.

Thank you FFLs!

[AR_ART]

For me its a just a PITA trying to coordinate a time when both parties can meet, find a place that will do the transfer for 20 bucks total, and hope to get there when the business is open... I "thought" the 10 part of the law applied to what the CBI check was and that the FFL could charge whatever as witness by some shops charging 20 bucks for their time and as stated in the case of Centennial Gun Club 65 bucks.. If the law does limit the fee to 10 bucks for the FFL how can CGC still charge 65?

[rbeau30]

For me its a just a PITA trying to coordinate a time when both parties can meet, find a place that will do the transfer for 20 bucks total, and hope to get there when the business is open... I "thought" the 10 part of the law applied to what the CBI check was and that the FFL could charge whatever as witness by some shops charging 20 bucks for their time and as stated in the case of Centennial Gun Club 65 bucks.. If the law does limit the fee to 10 bucks for the FFL how can CGC still charge 65?

I'm wondering why the heck is there a limit anyways?

I strongly believe that a business owner should be able to charge whatever they want, and If it is too much and if people don't want to pay for it, then they either lower the fee to what demand is or don't offer the services anymore. Economics.

Why Oh Why does the government have to legislate every part of our damn lives?!?!?!?

[Circuits]

If the law does limit the fee to 10 bucks for the FFL how can CGC still charge 65?

If they're smart they add it as a service fee or counter charge, because the law really does limit the fee for the background check itself to $10.

So:
Private Party Background Check: $10
CBI Fee : $10
Service Fee (non member) : $45