Private sale and wait time

TonyB. · Aug 29, 2015

*Attempted to search but the function isn't working so apologies if this has been covered already.

I recently bought a used pistol from a private party. The gun shop that did the transfer informed us that they are no longer required to log that gun into their books and that MSP would mail the paperwork back to the seller, not the gun shop. Has anyone else bought from a private seller since this change went into effect and how long was the wait?

Biggfoot44 · Aug 29, 2015

Insufficent data.

Is the FFL physically holding the pistol ?

Is the seller physically holding the pistol ?

TonyB. · Aug 29, 2015

Seller was instructed by FFL to hold the pistol.

Boom Boom · Aug 29, 2015

The dealer log book requirement relates to ATF licensing and has nothing to do with MSP. The way I read ATF regulations and recommend best practices, a dealer that processes a transfer but never has possession does not need to log the pistol as an acquisition/disposition. The 4473 and NICS provide the necessary information to ATF regarding the transferee/buyer. The state of MD gets the information it needs by way of the 77r.

Hit and Run · Aug 29, 2015

Boom Boom said:
The dealer log book requirement relates to ATF licensing and has nothing to do with MSP. The way I read ATF regulations and recommend best practices, a dealer that processes a transfer but never has possession does not need to log the pistol as an acquisition/disposition. The 4473 and NICS provide the necessary information to ATF regarding the transferee/buyer. The state of MD gets the information it needs by way of the 77r.

This. If FFL takes possession of firearm and puts it in his log book, you are buying now from him and he does not check off private sale on 77r. Sounds like he is doing process correctly.

TonyB. · Aug 29, 2015

I agree. My question is can the seller transfer the gun on the 8th day like the FFL would? If not, how long has the wait been for the seller to get the paperwork returned?

Boom Boom · Aug 29, 2015

TonyB. said:
My question is can the seller transfer the gun on the 8th day like the FFL would?

Yes, same as when doing the transfer through MSP barracks. If the paperwork gets delayed by MSP, the seller can choose to wait but is not required to.

Just make sure it's the 8th day. Some dealers lollygag for days before sending the paperwork to MSP.

Biggfoot44 · Aug 30, 2015

So where is an FFL coiming into the equation ?

TonyB. · Aug 30, 2015

FFL completed and sent in the paperwork.

Wendigo · Aug 30, 2015

I haven't done a private sale through an ffl, but the last one I did at MSP barracks they said they would not be sending any paperwork back and you'd only hear from them if there was a problem with the background check.

brownspotz · Aug 30, 2015

Seems like its much easier to buy from "someone's" trunk down in the dirty bmore as the laws are so confusing. :sarcasm:

Pinecone · Aug 31, 2015

If you do it through an FFL, NORMALLY, the FFL takes it into their inventory, and then runs the paperwork as if they are selling it.

That way, the buyer and seller only have to meet once, maybe. The buyer could stop by the FFL and leave the money, the seller could come by later and get paid and leave the pistol, and then buyer comes back to do paperwork and later to pick up.

erwos · Aug 31, 2015

Pinecone said:
If you do it through an FFL, NORMALLY, the FFL takes it into their inventory, and then runs the paperwork as if they are selling it.

That way, the buyer and seller only have to meet once, maybe. The buyer could stop by the FFL and leave the money, the seller could come by later and get paid and leave the pistol, and then buyer comes back to do paperwork and later to pick up.

Thing is, if the FFL logs it, they can charge you $50 or whatever their transfer price is. They're limited to $20 for just facilitating a private sale, which is a lot cheaper.

Hit and Run · Aug 31, 2015

erwos said:
Thing is, if the FFL logs it, they can charge you $50 or whatever their transfer price is. They're limited to $20 for just facilitating a private sale, which is a lot cheaper.

This. Plus FFL is not charged fee by MSP, a separate check goes in with hard copy to MSP ($10.00). FFL can only charge $20.00 for this service. If he takes possession it is as if he is selling weapon and all rules apply and he can charge whatever transfer fee he normally gets.

TonyB. · Aug 31, 2015

brownspotz said:
Seems like its much easier to buy from "someone's" trunk down in the dirty bmore as the laws are so confusing.

Agreed. Every time I purchase a gun the process is different. HQL, no HQL, paperwork, no paperwork, release on 8th day or not, yadda yadda yadda.

Pinecone · Aug 31, 2015

erwos said:
Thing is, if the FFL logs it, they can charge you $50 or whatever their transfer price is. They're limited to $20 for just facilitating a private sale, which is a lot cheaper.

Pick your FFL wisely.

I did an FFL transfer, and only paid $20.

Garet Jax · Sep 2, 2015

TonyB. said:
I agree. My question is can the seller transfer the gun on the 8th day like the FFL would? If not, how long has the wait been for the seller to get the paperwork returned?

Yes he/she can, but whether or not they will is a question for them.

Private sale and wait time

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