Private Party Tranafer Question.

[Ronin13]

For the FFL to perform the background the firearm must be logged into the bound book. Once that happens there is no other option but to do a 4473 and backgorund check to give back to the seller. The ATF released a letter after Newtown instructing FFLs how to handle transfers for private transactions. I know it sucks but that what FFLs are being told they must do.

This is the new procedure issued as a follow up to the open letter to FFLs.

http://www.atf.gov/files/regulations...ure-2013-1.pdf

Reading that ATF file it says nothing about how the FFL must take possession of the item prior to completing a BGC.
Read this again:

The way I see it, it's perfectly legal to go in with the seller to an FFL that will be willing to do the BGC and transfer (with all applicable fees) you- hereby known as "Seller"- maintain possession and control of the firearm until the result of the buyer's BGC is complete. Upon approval you transfer the firearm to the FFL, they fill out the necessary A&D and remaining 4473 (again, the 4473 for the BGC need not have any more details other than "pistol" OR "rifle/shotgun" OR "other") complete the transfer, seller collects their money, buyer collects their new toy, laws followed, everyone is happy. In the event of a denial of BGC the buyer still pays for the BGC, and the seller, having maintained possession of the firearm, continues on and does whatever they please with the firearm, no laws broken, no transfer made, no harm, no foul. This is the way I'd do it, and if it comes to it, this is the way I will do it. If I can't find an FFL that will do it that way, then I guess I don't sell anything.

ETA: Pretty much what sellersm said. (I had to do some screen cap cut/paste to get the text from the ATF PDF).