Texas Auction house- C&R or FFL needed?

[Grayrock]

Browsing a local auction house and they had a few guns on display. Newest one was at least 50 years old. I asked an employee if the business was an FFL or C&R holder and said employee had no idea what I was talking about. They said we just sell them and ship them. Can they do this? Doesn't someone affiliated with business have to have some sort of credentials? Perhaps they are like GunBroker, who just puts sellers and buyers together, but doesn't actually "sell" guns. The firearms were on consignment. Now my curiousity is piqued. There were a couple I was intereted in. Be nice if I could just walk in and take possession if I won the auction, but I really doubt it would be that simple.

 

[cjwils]

Do they have a website we can look at, or at least Google their name?

 

[dogtown tom]

.....Can they do this? Doesn't someone affiliated with business have to have some sort of credentials? .

https://www.atf.gov/firearms/qa/does-auctioneer-who-involved-firearms-sales-need-dealer’s-license

Does an auctioneer who is involved in firearms sales need a dealer’s license?
Generally speaking, there are two types of auctions: estate–type auctions and consignment auctions.

In estate–type auctions, the articles to be auctioned (including firearms) are being sold by the executor of the estate of an individual. The firearms belong to and are possessed by the executor. The firearms are controlled by the estate, and the sales of firearms are being made by the estate. The auctioneer is acting as an agent of the executor and assisting the executor in finding buyers for the firearms. In these cases, the auctioneer does not meet the definition of engaging in business as a dealer in firearms and would not need a license. An auctioneer who does have a license may perform this function away from his or her licensed premises.

In consignment–type auctions, an auctioneer often takes possession of firearms in advance of the auction. These firearms are generally inventoried, evaluated, and tagged for identification. The firearms belong to individuals who have entered into a consignment agreement with the auctioneer giving that auctioneer authority to sell the firearms. The auctioneer therefore has possession and control of the firearms. Under these circumstances, an auctioneer would generally need a license. If you are not sure if a license is needed in a particular consignment auction situation, contact your local ATF office.

[ATF Ruling 96–2]

 

[Grayrock]

https://igavelauctionscom.cmail19.com/t/y-l-uthrxy-thdtldiiuy-t/

 

[cjwils]

In the igavel website, go to About, and then to Site Policies. That includes the paragraph below. That makes it seem like they want to be like Gunbroker.com, except that they do not specifically mention that buyers and sellers might need to deal with an FFL. However, it is not clear to me if igavel actually has possession of firearms. That would make them different from Gunbroker and more like the second group in the language quoted by dogtown tom.

1) iGavel is not an auctioneer. While some of the Sellers on the site are auctioneers and are licensed according to the jurisdiction where they are located, iGavel is only a venue to sell fine art, antiques, and collectibles online. iGavel is not party to any third party transactions which take place and therefore cannot be held responsible for any omissions or errors. iGavel is not responsible for any aspect of the listings nor for the actions of any of the Sellers on the site and cannot vouch for the accuracy or legality of the descriptions and cannot ensure that buyers or Sellers will adhere to the site guidelines or if a transaction will be completed. All Sellers on the site are however contractually bound with iGavel and may be dealt with for any violations of the contract terms.

 

[Grayrock]

Interesting. Thanks.