Is it possible to transfer a rifle to another private individual through an ffl dealer? I'm not talking about a bill of sale. Thanks
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Yes but what is the point?
There is NOT a registry in texas and it doesnt take the seller out of the loop. If the ATF ever traces the firearms, they will still call you and you would provide them with the name of the FFL.
The ATF wont have any more knowledge of the firearm unless they do a trace.
Here is an example.
Glock 19 is used in a murder and recovered.
ATF calls Glock.
Glock tells ATF they sold to a distributor.
ATF calls Distributor
Distributor tells ATF they sold to dealer
ATF calls dealer
Dealer tells ATF they sold to John Smith
John Smith tells ATF they sold in a walmart parking lot.
The trail runs cold.
It doesnt matter how many times it was sold after John Smith. John Smith will always get the first phone call.Last edited by mmoses; 04-15-2015, 09:23 AM.
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Originally posted by mmoses View PostYes but what is the point?
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Originally posted by The Texan View PostIt's a high value gun that could potentially have more restrictions put on it down the road it (currently can not be taken out of the US I believe) and I would rather not be connected to it. I could be wrong about taking it out of the US but I know since purchasing it the company has had several meetings with the pentagon and atf.
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Originally posted by mmoses View PostYes but what is the point?
There is NOT a registry in texas and it doesnt take the seller out of the loop. If the ATF ever traces the firearms, they will still call you and you would provide them with the name of the FFL.
The ATF wont have any more knowledge of the firearm unless they do a trace.
Here is an example.
Glock 19 is used in a murder and recovered.
ATF calls Glock.
Glock tells ATF they sold to a distributor.
ATF calls Distributor
Distributor tells ATF they sold to dealer
ATF calls dealer
Dealer tells ATF they sold to John Smith
John Smith tells ATF they sold in a walmart parking lot.
The trail runs cold.
It doesnt matter how many times it was sold after John Smith. John Smith will always get the first phone call.
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Let's back up. If the transfer is not intrastate, it must be done through an FFL. Second, guns can't be removed from the US at will. There's a process for just taking one out of the country for a hunting trip. Exporting them is a whole other world still.
If it is intrastate, there's no need to do this, and many FFLs might not do it. What liability are you trying to minimize? Transferring a firearm to a prohibited person? If so, ask the person to certify in writing that he or she isn't and identify the person to whom you are transferring the firearm. Unless you have reason to know that the recipient is a prohibited person or that the recipient will do something illegal with the firearm, what risk do you have?
LWD
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Ffl question
LWD made good points.
If your goal is eliminating liability, you need to understand what causes liability.
In a gun sale, liability is incurred when you sell to a person you KNEW or REASONABLY SHOULD HAVE KNOWN was prohibited from owning a firearm.
Sorry for the all-caps. I can't do bold font on my phone. Bill of sale is no help here. FFL might be one factor you could use to prove a good faith effort to transfer to a legit buyer, but there's no precedent for this.
If you really want to rid yourself of the gun, just give it to a buddy at the buddy price. No more sleepless nights and cold sweats for you, plus now good-guy buddy has new toy.
I'm curious to know what gun this is.
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Originally posted by 35remington View PostLWD made good points.
If your goal is eliminating liability, you need to understand what causes liability.
In a gun sale, liability is incurred when you sell to a person you KNEW or REASONABLY SHOULD HAVE KNOWN was prohibited from owning a firearm.
Sorry for the all-caps. I can't do bold font on my phone. Bill of sale is no help here. FFL might be one factor you could use to prove a good faith effort to transfer to a legit buyer, but there's no precedent for this.
If you really want to rid yourself of the gun, just give it to a buddy at the buddy price. No more sleepless nights and cold sweats for you, plus now good-guy buddy has new toy.
I'm curious to know what gun this is.
Thanks for all the info
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Originally posted by The Texan View PostHaha its not giving me sleepless nights I just want to use the funds on some full auto class III stuff. Im about to post it in the classifieds and see if there is any interest here before I go to gun broker or try and figure something else out
Thanks for all the info
That's a bit of a pendulum swing. Good luck with whatever you decide.
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If YOU didn't commit the crime with said weapon how can anything happen to you? Maybe hassled a little but legally nothing can come from it.
If it's private sale to a person you REASONABLY believe is not prohibited from owning said weapon, then there's no issue.
Unless it's already an NFA registered weapon, then that opens a whole nother discussion.
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Originally posted by 35remington View PostWow. You went from "I'm scared to sell this potentially banned weapon to anyone who might be a prohibited person because I'm concerned I don't know them and they might do hoodrat stuff with ma gunz" to "I'm about to make this available to anyone with access to the Internet."
That's a bit of a pendulum swing. Good luck with whatever you decide.Last edited by The Texan; 04-15-2015, 01:00 PM.
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