Gun sold on GB never been claimed

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CZ-75BD

CZ-75BD

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Last year I sold a gun on GB and two days later received call from FFL dealer who received that gun. He told me that gun never been claimed, and phone provided in shipping details not responding and asked if I still have additional information. I send all buyer's information to FFL from my record that I logged.Gun was sent from FLL to FFL.
How this will affect me and what should I do?
Should I ask to send gun back? Is it still registered on my name because it never been transferred?

Thank you
 
I’m a little confused. Are you saying that the sale was over a year ago and you’re just asking now? Was the sale to a buyer in another state? I’m not familiar with Illinois law, but I thought IL required permission to buy, not the actual registration of the gun that was bought, but I could be wrong. If IL does have registration and it was sold to someone in another state, there should be a way for you to report it as sold. If it was shipped to an FFL over a year ago and never picked up by the buyer, the FFL may have just considered it as abandoned and now his property to sell.

In any case, as long as you have the documentation that it was sold and shipped, in or out of state, I would say that it’s not your problem other than possibly reporting it as sold. It’s between the delivering FFL and the buyer.
 
Odd, always makes one wonder what loose ends will be dangling if you drop dead suddenly.

It is not in your name as you sent it from a FFL to a FFL. They have paperwork to track exactly when it left and arrived. As soon as it was shipped it wasn't your problem anymore.

As for asking for it back, iffy. There are likely laws on unclaimed property and the FFL has been storing it for all this time. Unless there is something special about this specific gun I would tell the shop that if they cannot get hold of the buyer it is theirs. (Assuming you got paid)
 
The situation is that you got paid for the firearm so you aren't out anything. You can't morally ask for the gun back unless you refunded the money to the buyer. It's the receiving FFL holders problem now if he has the firearm sitting in his shop since last year.
The way you wrote that tho, sounds like two days after he got the firearm ( last year ) that the FFL holder called you. I bet you meant to say it was only two days ago, otherwise, that gun is long gone and/or the FFL holder handled the legal stuff to sell it as his own merchandise.
Makes you wonder if the buyer had a straw deal going on and got nervous and to try and pick it up might have got him in trouble. Maybe the buyer never showed up because he couldn't own a firearm. Maybe something unfortunate happened to the buyer and showing up was impossible too.
I always keep my shipping paperwork and FFL copies until I know the deal is done when I have sold a firearm.
 
I see the OP's concern having bought - ummm - a bunch of guns off gunbroker from out of state sellers. After auction is complete:
1. the buyer pays the seller
2. Seller ships firearm to the buyer's local FFL
3. Buyer's local FFL does not log the firearm into their log book until the buyer receives the firearm (fills out form 4473, NCIS check, etc).

One of the local FFL's I use doesn't open the package, but has the buyer open it in their presence. Another FFL I use opens and starts paperwork, but they do not complete it until I receive the gun.

So, yes, the OP is the last "owner of record" since its in their log book although it is undoubtably recorded in their log book as disposed/transferred to the FFL who now holds the package. The question is who owns the abandoned firearm? The FFL now holding it did not pay for it and ethically may not want it. The seller has received payment and has transferred it according to his records. If the buyer can't be contacted, the gun has no owner (or at least no owner who is available to take possession).

I see the problem, but I don't have an answer for the legal and ethical problem. I hate to suggest it, but turn it over to local LE?
 
I would think that the laws in the receiving state relating to abandoned property would apply.

The seller no longer owns it, and transferred it in accordance with law. The buyer is the owner, and the receiving FFL has no interest in it.
 
I thought that that the FFL had to register it has received and taken possession of said gun. i.e. if the gun got stolen it should not be the seller's issue. And if the FFL then sells it to somebody else and the buyer shows up, they would have to fight it off while the seller can enjoy a nice cup of lemonade.

At least that is how I see it.
 
To make it more clear.
I sold this gun almost a year ago. Received money, went to my dealer, drop gun at his location, paid for shipping and received delivery confirmation that gun arrived at another dealer in Texas.
My only concern is that it won't get me in trouble in some weird way, don't care about that gun any more, not something special.
 
Have you googled the buyers name any information about him such as death notice, being arrested or some type of accident?

Personally I would take the gun back if a reasonable price (shipping, storage) can be reached. That way of the buyer does contact you you can still send him the gun. I don't know if there is a law covering how long you should wait before disposing of the gun but I would stick in the back of the safe for a couple of more years.
 
Google was a good idea.
Buyer had Memphis, TN 38127, NY phone number (718) but gun was sent to Texas.
 
"...the sale was over a year ago..." Not exactly unusual. Had the cops knock on my door asking me where a revolver I had sold literally years earlier.
Don't think you have a problem, CZ. You have a very strong paper trail involving several third parties. And if anything was to bite you, after a year it already would have.
Kind of surprised the gun hasn't come back to you already though. Sort of like an undeliverable package.
 
as soon as the gun was received at the FFL, it was put on his books. in order to transfer it off his books, it will have to go to another FFL, or be sold through his shop with a NICS check.

a person can receive a gun back from a gunsmith or the factory without a transfer but the OP cannot get the gun back without a NICS check.

if you take a gun to a shop and sell it under consignment, it goes on the shop's book and even then you cannot get the firearm back without a NICS check
 
CZ-75BD said:
Last year I sold a gun on GB and two days later received call from FFL dealer who received that gun. He told me that gun never been claimed, and phone provided in shipping details not responding and asked if I still have additional information. I send all buyer's information to FFL from my record that I logged.Gun was sent from FLL to FFL.
How this will affect me and what should I do?
Should I ask to send gun back? Is it still registered on my name because it never been transferred?

Thank you
Click to expand...
I think I would make some calls to the feds and ask them and get any thing they say in writing; this deal doe's not sound good.

Larry (kb0vso)
 
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So you sold the gun and was paid and it is in limbo since said sale. That should be the end of it for you, but you are now hoping for a windfall via the return of the gun you already sold. FWIW, I'd prolly try also.
 
gbran said:
So you sold the gun and was paid and it is in limbo since said sale. That should be the end of it for you, but you are now hoping for a windfall via the return of the gun you already sold. FWIW, I'd prolly try also.
Click to expand...
Absolutely not, just do not want any "surprises"
 
cc-hangfire said:
I see the OP's concern having bought - ummm - a bunch of guns off gunbroker from out of state sellers. After auction is complete:
1. the buyer pays the seller
2. Seller ships firearm to the buyer's local FFL
3. Buyer's local FFL does not log the firearm into their log book until the buyer receives the firearm (fills out form 4473, NCIS check, etc).

One of the local FFL's I use doesn't open the package, but has the buyer open it in their presence. Another FFL I use opens and starts paperwork, but they do not complete it until I receive the gun.

So, yes, the OP is the last "owner of record" since its in their log book although it is undoubtably recorded in their log book as disposed/transferred to the FFL who now holds the package.
Click to expand...

According to the ATF:

1. Dealer Acquisitions:
Generally, for licensed dealers the purchase or other acquisition of a firearm shall be recorded not later than the close of the next business day following the date of the acquisition or purchase. However, if commercial records containing the required information are available for inspection and are separate from other commercial documents, dealers have 7 days from the time of receipt to record the receipt in the acquisition and disposition (A&D) record.
https://www.atf.gov/firearms/qa/how...e-record-acquisition-and-disposition-firearms
Click to expand...

So if the FFL hasn't recorded the gun in his book by now....
 
I would not be concerned in the least about the location of the phone number. My phone (cell) is from another state, and I have a LOT of friends who have phones from other area besides the one in which they reside. People move all over the country and it's pretty hard to keep up with people if they are always changing their phone numbers.

As far as the address listed vs the Texas delivery, that could simply be an old address you found on the internet. If you were to check me, you might easily find several addresses listed.

From my position, the gun has been sold and transferred to another party. You did all you were reasonably expected to do, and the problem is off your table. Let the receiving dealer solve the situation to his satisfaction and be done with it.
 
You have two dealers between you and the gun, no longer your problem....
That is unless somehow it turns out to have been stolen or used in a crime, (which should have popped out of the bushes by now), then the "backtrack" could come back to you. Hopefully you know who you got it from........;)
 
Should I ask to send gun back?
Click to expand...
If you took money for the gun, then it's not yours any more. So long as you have a record of having sent it along, you have no risk regarding its disposition and certainly no claim to it.
 
It's abandoned property by now and if the store logged it properly it theirs to do with as they please by now now I have to wonder why they are only calling now
 
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