I have to pay to get my gun back??

Discussion in 'General Gun Discussions' started by Trey Veston, May 31, 2022.

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  1. Trey Veston

    Trey Veston Member

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    There is only one LGS in the area and I have sold a few guns there on consignment with no issues.

    I pay them $20 to put in their display case, and when it sells, They take a 10% cut and handle all the FFL paperwork.

    I brought in three firearms about three months ago; 2 pistols and an AR.

    The AR and one of the pistols sold within a couple of weeks. The second pistol hasn't moved. It's a S&W M&P40c 1.0 with the manual safety, factory night sights, Apex sear, nice Don Hum IWB leather holster, original box, all mags and paperwork.

    It shows no wear and has a very sweet trigger. I figured $449.00 was fair.

    Nobody wants it. Whatever, I figure I'll just keep it.

    So, I go in to the LGS and tell them I'd like to just get my pistol back and understand that I lose the $20.

    Not so fast.

    They tell me that ATF rules require that they do a background check on me before handing me back my pistol. Really? The pistol was purchased through an FFL and I already passed a background check.

    Sorry, those are the ATF rules, not ours.

    Fine, I pull out my ID for the check and the guy sees my Washington DL and says they can't transfer a pistol to a WA resident. The store is in Idaho, 15 miles from my house in WA.

    Now, they say they do all their pistol transfers through their FFL in WA, which costs $25, requires a waiting period, and the local sheriff's office has to sign off on it.

    Seriously??

    I told them that I was going to consult with my dad, the former Chief of Police in the town where the LGS is.

    He is livid. But, he admits he is not an expert on the current ATF rules for FFLs.

    Does anybody have any idea if this is legitimate ATF policy?
     
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  2. sts3

    sts3 Member

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    I just found this

    https://www.atf.gov/firearms/qa/how-does-licensee-handle-sale-consignment-firearm


    "How does a licensee handle the sale of a consignment firearm?
    Firearms received for sale on consignment must be entered in the licensee’s acquisition and disposition record. The sale of a consignment firearm is handled in the same manner as other firearm sales.

    Return of any consigned firearms by the licensee to the consignor must be entered in the licensee’s disposition record. An ATF Form 4473 and a NICS check must be completed prior to the return of such firearms"
     
  3. daniel craig

    daniel craig Member

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    I mean it sounds correct. For the LGS to take the gun in on consignment they have to put it on their books. Once it's on their books in the ATF's eyes it's theirs; so the fact that they would make you do another background check to get it makes sense (plus it's a CYA measure for the LGS because they don't know if you've become a felon since dropping the guns off). As for them not being able to transfer guns to someone with an out of state ID....I'm not sure on that one but I don't think that's an ATF thing.

    Regardless, they should have made you aware of these things prior to taking them in on consignment.
     
  4. NIGHTLORD40K

    NIGHTLORD40K Member

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    Yup. Ive gone through it myself, although they only charged the $5 for the background check.
     
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  5. Poper

    Poper Member

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    If'n this happened to me, I think I would either: a) drop the price $50 to see if it sells (to be out of the hassle) or b) ask my father to buy it and then return to him all of the money I realized out of the sale and count it up to lessons learned. Who knows? Maybe he throws them a lowball offer that they run by you and you ok it?
     
  6. earplug

    earplug Member

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    I believe pawning a firearm has the same background and transferer fees. Beware
     
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  7. NIGHTLORD40K

    NIGHTLORD40K Member

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    Backround check yes, no transfer fees because its not coming from a third party seller.
     
  8. Sovblocgunfan

    Sovblocgunfan Member

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    This is correct.
     
  9. earlthegoat2

    earlthegoat2 Member

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    BTDT. I did the same thing across state lines without realizing it. I knew I would have to do 4473 to get anything back if it didn’t sell. One of my friends ended up wanting a handgun that had been sitting for a while at the consignment seller over the border. I went to retrieve it and had an “oh crap” moment. I was pooched.

    I lowered the price on the gun how much the transfer fee was going to be in our home state FFL. My friend bought it from the shop and it shipped 3 miles to an FFL in our home state.
     
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  10. slowr1der

    slowr1der Member

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    Unfortunately they aren't wrong. They have to have you complete a 4473 before they can transfer the firearm back to you. They are also prohibited from interstate sales of handguns. So you're stuck. The only option is for them to send it to an FFL in your state, which is why you're incurring the fee. Now you're understanding why universal background checks are a terrible idea. The background checks already in place are a slow, time consuming process for everyone involved.
     
  11. Tilos

    Tilos Member

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    Yep, happened to me in the 90's when I lived in Florida, I learned it was federal law back then.
    It sucks you have to deal with 2 different state's crap too.
    I don't think he should had taken them because you live in a different state, but that doesn't matter much now.

    I recently sold some stuff thru an FFL here in Idaho and left them there for a long time until they sold, but he listed them on gunbroker and took my stuff to gun shows too.
    Luckly, the market came up and they sold eventually so I didn't have to be checked to get my own guns back, but I knew I would have to going in, if they didn't sell.
     
    Last edited: Jun 1, 2022
  12. Insignificant bill

    Insignificant bill Member

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    They are a terrible idea because they require a national registration controlled by the people that the 2nd Amendment is meant to protect us from.
     
  13. Mark_Mark
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    Mark_Mark Contributing Member

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    you put yourself in a bit of a state line, WA strange local PD/Sheriff sign off wait period, pickle.

    1: they should have told you the issue of a WA residents consignment issue if not sold

    2: you should have known that selling a hand gun across state line will be an issue. Good think you took it to a FFL.

    3: as the previous member posted. Low your price so you don’t have to deal with transferring the gun back to you. We (WA) are a Universal background check state and you can’t just let someone barrow a gun
     
  14. hk940

    hk940 Member

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    Something similar happened to the widow a friend of mine knew. The husband passed away and the wife took 11-12 rifles to a local gunstore to put on consignment (mostly .22lr) after about a year of no movement the wife went to pick them up. the GS told her they could not give them back to her because she did not have a NJ firearm ID card! At the time it was about an 8 month wait to get one.
    My friend and I went down and had them transferred to us and took them to a dealer friend of ours to sell at some gun shows. The GS charged her $20.00 a gun for "cleaning"
    NJ has to be one of the most ** state for gun owners. I bought my first house in 1985 and lived there 26 years, during that time the town changed the house numbers on the road where I lived three times, when I went to get a pistol permit for a gun I bought at an out of state auction, the detective told me I would need to change the address on my ID card as it did not match my DL address.
    It did not matter I had lived in the same house for 26 years, 8 months later I got my new ID card and pistol!
     
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  15. shafter

    shafter Member

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    The process makes sense given the way firearm sales are conducted these days. However, they should have made you aware of what the procedure was for getting your gun back in the event you change your mind or it doesn't sell. Pretty underhanded to not disclose that up front.
     
  16. hso

    hso Moderator Staff Member

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    Yep
     
  17. dogtown tom

    dogtown tom Member

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    Yup really. Been that way since the Brady Law was implemented in 1994.


    And?
    Just because you passed a background check yesterday, last month, last year or ten years ago doesn't change the requirement for a dealer to conduct a check.

    Yup.

    Seriously.
    It's been Federal law since 1968 and discussed every week on The High Road.



    :rofl:

    He mad? Why?
    It's not just the "current ATF rules" but Federal law that has remained unchanged for the last fifty four years.

    I do.
    And you would too if you had read the instructions found in every Form 4473 or in the FAQ's at atf.gov https://www.atf.gov/firearms/qa/how-does-licensee-handle-sale-consignment-firearm
     
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  18. Riomouse911

    Riomouse911 Member

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    I had an old beater Montgomery Wards shotgun given to me by my uncle years ago. I consigned it for $185 or something like that years ago at my usual LGS. That gun sat there for months with no takers.

    The LGS owners ultimately sold out to a new guy while the gun was there. It was so quick I didn’t even know that they had quit the firearms game until I drove by one day and saw a new sign on the building. When I found out I never went back to reclaim the gun because of the firearms-buying-back cost and headaches for consignment guns.

    Stay safe.
     
  19. WrongHanded
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    WrongHanded Contributing Member

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    Usually when I put a gun on consignment, I am able to drop the price to help it sell. Go in with a resident of the state whom you know, drop the price to $0.01 and have them buy it on the spot. The store can take the BGC fee, and their 10% of 1 cent.
     
  20. Mark_Mark
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    Mark_Mark Contributing Member

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    OP… sorry for everyone being so stiff with you. But, it doesn’t matter who you’re family was/is we all have to follow by the ATF regs. Just think, your angry, but the shop will be bankrupt if he lost his FFL.
     
    Last edited: Jun 1, 2022
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  21. 1KPerDay

    1KPerDay Member

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    technically wouldn't this be a straw purchase?
     
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  22. TomJ
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    TomJ Contributing Member

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    I had a gun on consignment that didn't sell and while I wasn't happy paying to get my gun back, I knew ahead of time that I'd have to do so if it didn't sell, paid what I owed and moved on. If you do anything other than that make sure that what you're doing is legal as there are a lot of people who have gotten into trouble interpreting the law and were wrong. Whatever you need to pay to get it back is much less than what a defense attorney will cost, not to mention the possibility of jail time.
     
  23. Frank Ettin

    Frank Ettin Moderator Staff Member

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    A bunch of posts have disappeared. For some reason this thread devolved into a discussion of straw purchases. Those post have been removed as off topic for this thread.

    In addition, there was considerable incorrect information posted about the law relating to straw purchases. Sorting the thread out and correcting the misinformation would have been a mess.

    If anyone is interested in information on the law relating to straw purchases of firearms, see here, here, here, here, here, here, here, and here.
     
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  24. Poper

    Poper Member

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    It has been my experience that it usually does. It is my understanding that a pawn shop has to have a FFL in order to carry modern firearms.
     
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  25. Trey Veston

    Trey Veston Member

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    Plenty of folks answered my question without being condescending and insulting. You should try it some time.
     
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