This may seem like a re-hash of past threads, but I have reviewed all handgun shipping threads in the last 6 months or so and I can't find this exact situation.
Background: Won a gunbroker bid for a Star BM pistol w/ 3 mags in box, $185 + $15 shipping. Not a great deal, but better than I can find locally. http://www.gunbroker.com/Auction/ViewItem.asp?Item=48461881
Mon. afternoon get an Email from seller with name and address which is in Florida.
Tues. morning I send a response asking for phone # and name on the FFL.
Tues. morning seller responds with ph # and informs me that he is an individual not a dealer and would my FFL accept shipment from an individual, most do he says. If not he wants an additional $20 to take it to a FFL. Also tells me that he has a type 03 C&R license.
Tues. afternoon I forward the above Emails to my FFL and ask him if he will take a shippment from this guy.
Wed. afternoon my FFL responds that no he will not accept from individual because ATF guidelines say when sender is out of state it must be from FFL to FFL. And besides he is on ATF hold because he is moving. This becomes a bigger problem for me since he only charges $10 for a transfer and most in my area charge at least $25.
Thurs. morning I respond to seller telling him that it appeared that he was a dealer because of the cheap shipping charge and I may not follow thru on deal because of extra charges +$20 from him and +$15 from an alternate FFL, that +$60 total on an $185 gun is too much. ($15 & $10 anticipated to $35 & $25 now) I add that I am going to the local range/gun shop today and will ask them.
Thurs. afternoon Email from me to seller stamped 1:40 pm I tell him that the other dealer also wants FFL to FFL and that I need to back out. I offer to send him up to $10 to cover out of pocket costs.
Thurs. afternoon Email from seller stamped 1:34 pm (which I did not see before sending my 1:40 Email) saying I broke the contract, should have asked all questions and had FFL lined up before bidding, and needs to leave a negative feedback on me to recoup his fees.
Since I didn't know if he responded to my latest Email or not I waited a day; got no response and checked gunbroker and sure enough he left me a negative feedback saying buyer failed to complete transaction.
So some questions for my fellow members of THR:
Was I totally responsible for this failed deal or does the seller bear some responsibility? (he said I was the second winner to back out on a deal this month)
Both FFL dealers on my end told me that the ATF guidelines say that it must be an FFL to FFL transfer. Is that right for Florida to Ohio? One told me that if he was in state he could receive it directly from the individual, but if this seller was from Ohio I would have done a FTF with him and avoided all charges.
Another thing that bugged me was that the second FFL (range/gun shop) told me that if the shipment was reversed and I was shipping to FL that they would charge me $35 shipping + $25 transfer (after telling me that the $15 +$20 was cheap). That much for shipping because they would not only log it in but have me fill out a 4473 and do a background on me and then ship it overnight. Do they have to do a background on the seller? I mentioned that they could ship with the post office and he said yea, but it would have to be overnight?
I have seen another dealer in town buy guns from walk-ins and I didn't see any paper work on the seller and I know that overnight is not required of dealers.
Can someone clear this up for me?
Background: Won a gunbroker bid for a Star BM pistol w/ 3 mags in box, $185 + $15 shipping. Not a great deal, but better than I can find locally. http://www.gunbroker.com/Auction/ViewItem.asp?Item=48461881
Mon. afternoon get an Email from seller with name and address which is in Florida.
Tues. morning I send a response asking for phone # and name on the FFL.
Tues. morning seller responds with ph # and informs me that he is an individual not a dealer and would my FFL accept shipment from an individual, most do he says. If not he wants an additional $20 to take it to a FFL. Also tells me that he has a type 03 C&R license.
Tues. afternoon I forward the above Emails to my FFL and ask him if he will take a shippment from this guy.
Wed. afternoon my FFL responds that no he will not accept from individual because ATF guidelines say when sender is out of state it must be from FFL to FFL. And besides he is on ATF hold because he is moving. This becomes a bigger problem for me since he only charges $10 for a transfer and most in my area charge at least $25.
Thurs. morning I respond to seller telling him that it appeared that he was a dealer because of the cheap shipping charge and I may not follow thru on deal because of extra charges +$20 from him and +$15 from an alternate FFL, that +$60 total on an $185 gun is too much. ($15 & $10 anticipated to $35 & $25 now) I add that I am going to the local range/gun shop today and will ask them.
Thurs. afternoon Email from me to seller stamped 1:40 pm I tell him that the other dealer also wants FFL to FFL and that I need to back out. I offer to send him up to $10 to cover out of pocket costs.
Thurs. afternoon Email from seller stamped 1:34 pm (which I did not see before sending my 1:40 Email) saying I broke the contract, should have asked all questions and had FFL lined up before bidding, and needs to leave a negative feedback on me to recoup his fees.
Since I didn't know if he responded to my latest Email or not I waited a day; got no response and checked gunbroker and sure enough he left me a negative feedback saying buyer failed to complete transaction.
So some questions for my fellow members of THR:
Was I totally responsible for this failed deal or does the seller bear some responsibility? (he said I was the second winner to back out on a deal this month)
Both FFL dealers on my end told me that the ATF guidelines say that it must be an FFL to FFL transfer. Is that right for Florida to Ohio? One told me that if he was in state he could receive it directly from the individual, but if this seller was from Ohio I would have done a FTF with him and avoided all charges.
Another thing that bugged me was that the second FFL (range/gun shop) told me that if the shipment was reversed and I was shipping to FL that they would charge me $35 shipping + $25 transfer (after telling me that the $15 +$20 was cheap). That much for shipping because they would not only log it in but have me fill out a 4473 and do a background on me and then ship it overnight. Do they have to do a background on the seller? I mentioned that they could ship with the post office and he said yea, but it would have to be overnight?
I have seen another dealer in town buy guns from walk-ins and I didn't see any paper work on the seller and I know that overnight is not required of dealers.
Can someone clear this up for me?