Selling a rifle through an FFL

[wiiawiwb]

Hi folks. I am going to sell my AR-15, and some ammo, to an individual. In the interest of being cautious, I told him I would prefer to go through an FFL. He was fine with that. I checked with the dealer that I bought the rifle from and they said they would do it for a fee of $50 which I'll pay.

I've never sold a firearm before so I have a few questions:

1) Who is the buyer? I am unclear about the logistics of this. Am I selling to the dealer and it is selling to the buyer or am I still selling to the individual in a private sale but having the dealer run a background check?

2) If the FFL only runs a background check, and it is still considered a private sale, do I need to do all of the paperwork that one would do outside of using an FFL?

3) Where is the money exchanged? Parking lot? FFL's place?

4) Any other words of advice?

I am in NYS which I believe allows private sale of rifles.

Thanks in advance.

 

[drsfmd]

You are transferring to the dealer, and the dealer transfers to the buyer.You don't need to do ANY paperwork to sell the gun, the buyer does the 4473 (the dealer might want to make a copy of your license... that's pretty standard). How the money changes hands doesn't matter.

 

[Tomcat47]

I would say $50 is high , but probably not in NYS?


1) Who is the buyer? You state that Dealer is buying it from you and selling it to the other guy...With that said, just sell it for $50 less to dealer?

2) It should not be considered a private sale to me and FFL should not involve you at all?

3) Where is the money exchanged? Sell to dealer $50 less ... leave the rest to the guy that wants your rifle .... seems to me the dealer just wants to make $50 bucks....walk in with buyer....knock $50 off to dealer that agrees to sell to buyer..Its pretty simple....a sell....that becomes a sale! And a quick $50 to dealer for a few minutes on phone.

4) Any other words of advice? Look in state laws requiring individual sale of long guns maybe? (possibly keep your $50)

I just looked over NYS law... Sell to dealer! Leave rest to the dealer/buyer! my 2 cents. looks to be worth $50 to not have to deal with NYS laws. (then look for a more gun friendly state to live in! just jokin! If you love NY...you love NY) And it has some beautiful places for sure!!

 

[wiiawiwb]

I'll check with the dealer but they will have to charge sales tax if they take it in and become the seller. That's $80 I'll have to eat. I'll do it if needed.

Is it typical for the dealer to "buy" it from me and then "sell" it to the other individual? That's why I am so confused about the logistics of this transaction.

 

[wiiawiwb]

One more thing. The dealer said they would handle the transaction. I'm not sure that means they'll buy it from me and sell it to the other person.

Isn't this transaction the same thing if I sold it to someone in another state and the transaction goes through an FFL? If so, what paperwork is involved in that transaction?

 

[Twmaster]

If it's legal in NYS for you to do a FTF sale why bother with all the heartburn? It's not incumbent on you to be sure the buyer is not a disqualified person.

 

[wiiawiwb]

I don't know what I don't know. So I'd sleep at night knowing that the transaction was handled as professionally as possible so I don't misstep because of something I didn't know.

Some people in vest in the stock market. I like CDs. It's all risk tolerance.

 

[medalguy]

Strictly speaking, you will sell the gun to the dealer. He will log it into his bound book and pay you. It is his gun at that point.

Then he can sell it to your friend, or anyone else if he so desires I suppose. Your friend will fill out a 4473, the dealer will call in the NICS check, and if your friend passes, he will pay the dealer, and the dealer will give him the gun.

I would simply sell the gun to the buyer and forget the dealer, but whatever makes you comfortable.

 

[Bubbles]

1) Who is the buyer? I am unclear about the logistics of this. Am I selling to the dealer and it is selling to the buyer or am I still selling to the individual in a private sale but having the dealer run a background check?

The other guy is the buyer. The dealer is just handling the transfer, no different than if the buyer purchased online and had the gun shipped to the dealer.

2) If the FFL only runs a background check, and it is still considered a private sale, do I need to do all of the paperwork that one would do outside of using an FFL?

No. The dealer will want your name and address for his A&D log.

3) Where is the money exchanged? Parking lot? FFL's place?

Wherever you and the buyer decide is appropriate.

4) Any other words of advice?

Get cash or a USPS MO and get it before going to the dealer in case the buyer fails the background check. Also find out the dealer's policy for handling transfers where the buyer gets denied.