Private Party Tranafer Question.

[BigDee]

Okay so I am trying to do a private party transaction and I'm a little confused.

I am being told that it is $10 for the transfer and $25 for the background check. If the buyer does not pass the background check there will be an additional fee of $25 because the FFL must perform a background check on the seller before giving them their firearm back. Is this correct?

[ChrisC]

You are correct the FFL must log the firearm into their bound book so to transfer it back to the seller a 4473 and background check is required.

[Zundfolge]

You are correct the FFL must log the firearm into their bound book so to transfer it back to the seller a 4473 and background check is required.

I don't understand why this is. Shouldn't the buyer do a background check and if they fail the deal's off and the firearm never leaves the seller's ownership/possession?

[WETWRKS]

If they have to do a background check on the buyer and if the buyer fails then they have to do a background check on the seller...what happens if the seller fails?

[ChrisC]

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.

[Mazin]

CBI is charging $10 for the BGC, the dealer is charging the extra for doing the transfer.

If you ask me, in the case of the buyer not passing the BGC, the seller should only be responsable for the extra $10 to get the BGC on him to get his weapon returned. IMHO there really shouln't be a double transfer fee since the orginal transfer never took place and the weapon is still in the ffl's log book anyway. Oh well guess its a way to make an extra buck.

[ChrisC]

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

[ChrisC]

CBI is charging $10 for the BGC, the dealer is charging the extra for doing the transfer.

If you ask me, in the case of the buyer not passing the BGC, the seller should only be responsable for the extra $10 to get the BGC on him to get his weapon returned. IMHO there really shouln't be a double transfer fee since the orginal transfer never took place and the weapon is still in the ffl's log book anyway. Oh well guess its a way to make an extra buck.

I agree it should only be the additional $10 CBI BGC fee to transfer it back to the seller if the buyer fails the BGC.

[Mazin]

If they have to do a background check on the buyer and if the buyer fails then they have to do a background check on the seller...what happens if the seller fails?

It depends on the FFl but most will then put the firearm on consignment so it can go to someone that can pass the BGC and the seller will recieve at least some money for the weapon. But thats kind of a grey area and I'm sure there will be the FFL's out there that will disagree.

[ChrisC]

If they have to do a background check on the buyer and if the buyer fails then they have to do a background check on the seller...what happens if the seller fails?

This is exactly why many FFLs don't want to perform private transfers because they could be stuck unable to transfer the weapon to either party and now have to come to some arrangement with the seller to either buy it or put it on consigment like Mazin said.