FFL mishap

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  • dragonfire1911

    Active Member
    What is the law concerning firearm transfers when your FFL dealer is seriously ill or can't complete the transfer due to uncontrollable circumstances? Of course the firearm(s) had been sent to their FFL address, then the unfortunate event occurred. How to deal with this situation?
     

    gabe72

    Ultimate Member
    Aug 26, 2012
    1,218
    sharpsburg
    Atf gets involved is what my aging dealer has always told me,that's why he always stressed keeping a receipt to prove ownership in case the atf needed to take over.
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    Simple, just have the firearm transferred to another FFL who can then complete the transfer to you.

    All your ailing FFL has to do is log it out of his book and over to the new FFL.

    If the problem is that he is too sick to be contacted or even release your gun, I would not know what you can do. Perhaps there is another responsible person on the license/in the business to at least transfer the gun to another dealer?
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    I would think that as long as the FFL "knew" about it, anyone could ship the gun to another FFL that accepts guns form non-FFLs, as that transfer may not strictly e a FFL to FFL transfer given the circumstances.

    There is kind of a gray area there as to who is shipping, the FFL, someone associated with the FFL or just a citizen, but at any rate, the gun could legally be transferred to another licensee.
     

    JoeBobOutfitters.com

    ,
    Industry Partner
    Oct 20, 2010
    2,473
    Hays, KS
    I would think that as long as the FFL "knew" about it, anyone could ship the gun to another FFL that accepts guns form non-FFLs, as that transfer may not strictly e a FFL to FFL transfer given the circumstances.

    There is kind of a gray area there as to who is shipping, the FFL, someone associated with the FFL or just a citizen, but at any rate, the gun could legally be transferred to another licensee.

    I'd imagine as long as the bound book was taken care of (since it isn't a 4473) then the ATF wouldn't mind who did it in a circumstance such as that.

    Who was the FFL? If they're on our dealer locator we'd prefer to remove them if there are issues.
     

    dragonfire1911

    Active Member
    I would think that as long as the FFL "knew" about it, anyone could ship the gun to another FFL that accepts guns form non-FFLs, as that transfer may not strictly e a FFL to FFL transfer given the circumstances.

    There is kind of a gray area there as to who is shipping, the FFL, someone associated with the FFL or just a citizen, but at any rate, the gun could legally be transferred to another licensee.
    Can I come by and pick up the firearms and take them to another FFL? Of course, I would have to get the consent of the receiving FFL and the family member of the hospitalized FFL.
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    What is the law concerning firearm transfers when your FFL dealer is seriously ill or can't complete the transfer due to uncontrollable circumstances? Of course the firearm(s) had been sent to their FFL address, then the unfortunate event occurred. How to deal with this situation?

    I would contact both the MSP and the local ATF office and ask for guidance, assume this FFL does not have a family member that is willing or can send the gun to another FFL that can help. If this FFL is to sick to deal with the gun at hand, that also means all the guns this FFL has is no longer under the control of the FFL.
     

    A1Uni

    Ultimate Member
    Aug 28, 2012
    4,842
    Can I come by and pick up the firearms and take them to another FFL? Of course, I would have to get the consent of the receiving FFL and the family member of the hospitalized FFL.

    I disagree if by "can I come by and pick up," you mean "you," as in the buyer, that would constitute a transfer to the buyer.

    If I misunderstood what you were saying, my apologies.

    It would have to be shipped/delivered by the FFL or someone associated with the FFL on his behalf to another licensee.
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    I've seen this happen a few times over the years and every time the dealer had another FFL come in and take over their inventory to finish the transfers, etc. That's why it is very important to hang on to your purchase receipts, records, etc. in case the original FFL's books aren't too clear on who he was supposed to be transferring the gun to.
     

    bcr229

    FFL/SOT
    Jul 15, 2011
    1,334
    Inwood, WV
    I don't know about MD state laws, but in the past when sole-proprietor FFL/SOT's have passed away unexpectedly and firearms were in the process of being transferred, the ATF will sometimes ask another local FFL/SOT to help clean things up.

    Since the FFL is still alive, though unable to work, he may have someone local he trusts to take over his inventory and transfers.
     

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