FFL Private Transfer Question

[mmoses]

Hypothical but here goes.

I(a FFL) receive a rifle from another state for a transfer from a private party.
The seller gives his info and copy of DL. I log it into the book.

Buyer shows up. Looks at the rifle and its not in good shape, wrong rifle, etc.

Buyer wants to send it back to seller. I did not transfer it to the buyer.

How do I do that? Do I send it directly to the seller?

Is it treated like a consignment sale? I can't do a background check or a 4473. '

I have to send it back to an FFL in that state correct?

[BuckRage]

it would have to go through ffl no matter what. Getting the right rifle or condition would be up to the buyer and seller and not the ffl other than to ship/receive.

[TXHUNT3R]

I was told by my area ATF agent, unless you know the laws of that state, always safe to send FFL to FFL and a good idea to do so. Again, unless you know for a fact that it is legal to send back to that guy directly.

[BuckRage]

it is illegal to send firearms between states without an ffl. you can only send long guns without an ffl within Texas. I'm not sure other states within their borders but it is a federal crime to send directly between states without the use of an ffl.

[BuckRage]

ATF website. #2 #3

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

[mmoses]

I rewrote my original statement.

[Artos]

Correct...if you have an acquisition, then you treat the disposition like it was any other gun logged in. You gotta ship it to an ffl, being an ffl.

I have had to go through this with consignments: Customer agrees for me to sell a gun & I log it in...they then change their mind & want me to hand it back, say the next day. Nope, here is your 4473.

[mmoses]

Correct...if you have an acquisition, then you treat the disposition like it was any other gun logged in. You gotta ship it to an ffl, being an ffl.

I have had to go through this with consignments: Customer agrees for me to sell a gun & I log it in...they then change their mind & want me to hand it back, say the next day. Nope, here is your 4473.

That's what I figured!

Wanted to just double check before I told him that.

[Artos]

I charge to do what you are doing...otherwise, I log out to the would be buyer & let them send it back, keep it, etc.

fwiw...

[SC-Texas]

Send it to a FFL of the buyers choice. Buyer is in another state.

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[mmoses]

Send it to a FFL of the buyers choice. Buyer is in another state.

Sent from my SM-N920V using Tapatalk

The buyer is here with me in Texas. The gun needs to be returned to the seller who is in another state.

[SC-Texas]

I mistyped. I meant the seller. If the buyer rejects it, you cannot send directly to the out of state seller.

So the seller needs to tell you which ffl he wants it sent to

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[TxNurse]

Buyer bought it--it is his. One of the risks of buying a gun without a personal inspection. If he wants to send it back, it is his responsibility to send it back legally whether he uses you or someone else. Whatever arrangements he makes with the original seller is up to him.