Question about FFLs and transfers...

[sota]

Note: i'm in NJ, in case that matters.

Situation: I have a have a pistol A at my FFL waiting on my NICS check to come back. During this one of those "Can't Pass It Up" deals happened and I purchased pistol B. B will be at my FFL before my NICS completes (!!!).

Question 1: Can I sell pistol A to someone locally, have my FFL run their NICS, and the buyer takes possession from the FFL? Or do I have to take possession of pistol A first before I can sell it to someone else?

Question 2: I'm guessing on this since I have no knowledge of how the bound book works... Do firearms have to be checked though on FIFO (first in first out) or, assuming I have to take possesion of pistol A to sell it, can I get B out of my FFL first? Is there any FFL discretion involved?

Thanks!

 

[rromeo]

That is all up to the discretion of your FFL. It's legal.

 

[MtnCreek]

Question 1: Can I sell pistol A to someone locally, have my FFL run their NICS, and the buyer takes possession from the FFL? Or do I have to take possession of pistol A first before I can sell it to someone else?

NICS check does not transfer ownership. FWIW, If I were the FFL and you brought someone else to purchase the pistol before your check cleared, I would suspect you're not going to pass the check and you're attempting a straw purchase.

 

[Bubba613]

NICS check does not transfer ownership. FWIW, If I were the FFL and you brought someone else to purchase the pistol before your check cleared, I would suspect you're not going to pass the check and you're attempting a straw purchase.

Yup. Strictly speaking not illegal. But probably no dealer would do that, for the reason outlined. I know I wouldn't.

 

[rromeo]

I know what you guys are saying, but that doesn't hold in this case since he's buying a different pistol through the FFL.

 

[Jim K]

I would ask your dealer to cancel your deal and refund your money. (Running a NICS check does not mean you have to buy the gun.) Then the other guy can come in and buy the gun on his dime, in an independent transaction having nothing to do with you.

Jim

 

[Willie Sutton]

If your NJ Pistol Permit was not filled out for the purchase (for non-NJ readers, an individual permit is needed for each handgun, and they are only issued at the rate of one every 30 days), you never had the handgun transferred to you. If you've paid for it it's your property in ownership, but it's the FFL's inventory as far as BATFE and NJSP are concerned. Excercise your pistol permit to buy what you want to take home, and ask the FFL to transfer the first one to "whomever". As long as he's not skitterish about the possibility of a straw-man purchase he can do this. If he refuses, it's his right to do so. Your remedy is to just get another permit and buy both and then deal with selling what you don't want.


Willie

.