FFL transfer fee required for gun trades?

[joplinsks]

Did some trading + cash with the local gun shop last week and the owner stated that gun trades legally require a transfer fee. His charge was small ($5) which was added to the gun price, but is this for real or ? I thought transfer fees mostly involved receiving guns from out of state FFLs and the like. I've sold guns to dealers and bought from dealers, but never traded.

Thanks,
TR

 

[deadin]

Any gun that is on a FFLs books needs to be "transfered" when disposed of.
The idea that he is charging a "transfer fee" on one of his own guns is a little unusual. (Unless you really "took" him on the trade. )

 

[joplinsks]

I kinda did since it was an unusual trade. Right before Christmas I bought a gun from him in rather poor shape, but cheap. He also had the same model in 99% condition for $40 more which I really should have bought the first time, so right after Christmas I went back to see what he would do. He gave me full trade towards the nicer gun plus this $5 transfer fee. In my opinion I came out great and am very happy, but when he was explaining this $5 transfer fee it didn't make much sense and sounded like he was just wanting to make $5 from the situation... which is fine. Just didn't know for sure if this transfer fee is standard fare when trading guns.

 

[hotpig]

Did you complete the 4433 on this tansaction?

 

[Jim K]

There is no federal transfer fee (tax) on regular handguns, rifles or shotguns, only on NFA items like machineguns, suppressors, and short barrel rifle/shotguns.

In some places, though, there is a state or local transfer fee on handguns and sometimes on other weapons like "assault rifles." If that is the case, any transfer would involve the tax, whether it was a sale for cash or a trade.

If a dealer charges a service charge, as most do for accepting an out-of-state transfer, he will usually make it clear that it is his charge for the service, not a legally required tax.

Jim

 

[zoom6zoom]

If you're buying something from his own inventory, regardless of you trading anything in or not, there should'nt be a transfer fee. If he insists on charging this, he should call it a service charge or a recording fee - and I'd call it a "goodbye tax" - because it would be the last time he'd see my business.

 

[hotpig]

You can buy/trade a handgun in MO and walk out the door with it that day? Man, I guess I'm too used to Illinois.

 

[Gator]

If you filled out a 4473 for it, the dealer has to call NICS and get the approval, there is a cost for this. In my state it is $2, but some dealers charge more.

 

[nibb]

No there is no transfer fee unless you buy something from out of state. I guess he just call it a transfer fee but it was not a legal transfer fee.

 

[swampgator]

Look at this way: Any future "transfers" ie internet purchases are only going to cost you $5.

FL has it's own instant check thru FDLE. My last purchase cost me $8 extra for the phone call.

 

[Hillsideblue]

I haven't had ONE pleasant experience with Florida gun dealers, which in most cases are pawnbrokers..................The gun prices are ridiculous and the make up the fees as they go along........
I had a new GLOCK 27 transferred to a dealer in Crystal River, Florida and she insisted on making me wait three business days to pick up the gun, even though I have a CCW license and am exempt from the three day wait.....
I had to have a County Sheriff meet me at the shop when she refused to release the gun.............He explained the law to her and I got the gun right away..........If you can prove that you already own a handgun or you have a CCW License in Florida you don't have to wait the three days after the dealer runs your name through the FDLE system........

 

[swampgator]

If you can prove that you already own a handgun or you have a CCW License in Florida you don't have to wait the three days after the dealer runs your name through the FDLE system

At one point in time with a FL CCW you were exempt from the call in. That's sadly changed.

As for the pawnbrokers comment, I'm lucky that the area (Alachua county) I'm in had two great shops. Harry Beckwith (see my sig line) had a wonderful store in Micanopy, as do the Picketts in Newberry. Pickett's now owns Harry's store so it shouldn't be too bad.

I've been to other stores year back, namely in the Sarasota area, that were professional gun dealers. They do exist you just have to hunt them out.

 

[atomchaser]

If you can prove that you already own a handgun or you have a CCW License in Florida you don't have to wait the three days after the dealer runs your name through the FDLE system........

"If you already own a handgun" ....Do you know were the citation is for this? It is the first I've heard of it.

 

[swampgator]

790.0655 Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties.--

(1)(a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. "Purchase" means the transfer of money or other valuable consideration to the retailer. "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. "Retailer" means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).

(b) Records of handgun sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours.

(2) The 3-day waiting period shall not apply in the following circumstances:

(a) When a handgun is being purchased by a holder of a concealed weapons permit as defined in s. 790.06.

(b) To a trade-in of another handgun.

(3) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) For any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the 3-day waiting period, subject to the exceptions provided in subsection (2).

(b) For a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation.

History.--s. 1, ch. 91-24; s. 3, ch. 92-183; s. 98, ch. 99-3.

Emphasis added by swampgator.

"If you already own a handgun" ....Do you know were the citation is for this? It is the first I've heard of it.

The previous poster was incorrect about proof of previous handgun purchase negating a waiting period. Of course it may have been that way in the past, but truthfully that subsection never applied to me so I never paid attention. I do know that in 1992 LEOs weren't subject to a 3 day wait nor call in. In 1998 they were required to do both. A lot of LEOs that I know got their FL CCW only to avoid a three day wait. So the law does change from time to time.

 

[MisterPX]

If you're buying something from his own inventory, regardless of you trading anything in or not, there should'nt be a transfer fee. If he insists on charging this, he should call it a service charge or a recording fee - and I'd call it a "goodbye tax" - because it would be the last time he'd see my business.

Didn't read his second post did you?
I bet most anyone here would love to be able to trade in at full price, for a measly $5 fee. A lot of folks would gladly pay $20!