FFL incapacitated or dead. What to do?

[ChattanoogaPhil]

Purchase a firearm and FFL receives it. If the FFL then becomes incapacitated or dies what is the procedure to get the firearm transferred?

Purchased online GrabAgun Texas.
Sent to FFL Tennessee.
Home operated FFL
Assuming FFL set up as sole proprietorship
No relatives in house other than wife who is clueless

 

[Side by Side]

FFL Incapacitated

I would think the quickest way would be if a relative could get the gun, have them take it to another FFL.

 

[Arik]

Copy/paste from another forum on the same topic


Depends on how his business was set up. If he was a sole proprietor, the business dies with him. If its an LLC or corporation, they are treated as a separate "person" in the eyes of the law, and another officer of the company can do the transfer. The bottom line is, the gun crossed a state line and has to be transfered through a dealer before you can legally take possession of it. The BATFEWHOSBRINGINGTHECHIPS may be of some help in this situation. If you can't find a local dealer to do the transfer, a call to the closest field office may be of some use.

OUTCOME

I contacted the ATF Office in Vegas, a couple of days later I recieved a call that I could pick up my weapon from the other dealer. I really don't know what went on.

Sent from my XT1650 using Tapatalk

 

[JayFramer]

Purchase a firearm and FFL receives it. If the FFL then becomes incapacitated or dies what is the procedure to get the firearm transferred?

Ouija board.

 

[Smoke]

I don't know for sure but I would think you'd put in a claim against the Estate.

I'm sure there's a procedure in place. I'm sure this happens often but not to FFLs. Like if an electronics repair shop operator died

 

[Rule3]

I would make a call to the local office of the ATF. Really. They are not that bad and can actually help. I called them years ago to clarify a ATF policy/'procedure, they were nice and provided the answer.

If you paid by credit card I would call them also and stop the process.

 

[hittman77]

If you paid by credit card I would call them also and stop the process.

Hope you mean for the FFL fee and not the gun purchase, right?

The original seller shouldn't be punished.....not their problem at all. Their obligation seems fulfilled.

 

[Tyrod]

I once sent a computer in for warranty repair. The business folded. With no source of contact for getting my computer back, I filed an insurance claim with my insurance company. They weren't happy about it, but they did buy me a new computer.

 

[Rule3]

Hope you mean for the FFL fee and not the gun purchase, right?

The original seller shouldn't be punished.....not their problem at all. Their obligation seems fulfilled.

No, not to "punish" the seller but in my view the buyer did not get the item he paid for. I would think the BATFE would have the firearm sent back to the seller as no transfer can take place. If I buy something online and it is lost by the shipper (UPS FedEX) I am not gonna pay my credit card until I get it. The shipper can take forever filing a claim.

But have no idea which is why I suggest calling them, there must be a procedure or policy in place for this situation,

Let the speculation continue.

 

[Jessie]

Call your friends at BATF. That's the only true answer you'll get that will get you your gun and keep you out of the hoosegow(?) in the process.
There has to be a procedure. You just need to find the person who knows what it is.

 

[bigwheelzip]

Just a guess, but if problems persist with the widow, maybe the simplest thing is for the widow to return it to the sender's FFL, where it could be re-shipped to another FFL??

Good luck.

 

[gman51]

Some night when nobody is there a break in could occur. I didn't say that.
Actually you might get with the widow or a family member and offer to help them get the problem with the guns sitting for transfer taken care of.

 

[JSR III]

WOW, that's a tough one. If the widow doesn't hold a license then I would think that she can be of no help. She does not have the right to transfer the gun and does not have the ability to ship it back.

I agree with those that suggest a call to the local BATF office to see what they recommend. I am sure that this is not the first time that an FFL has passed with pending transactions. There must be a remedy.

 

[SteveA]

My LGS owner ( a sole propreiter) died 3 weeks ago. He was a very close friend as is his son who worked for him for years. The son called me very soon after the death (few minutes actually) since I'd done legal work for his Dad. I was on the road at the time but told him first thing was to instruct the store employees not to sell any firearms until we sorted out if they could. Contacted the ATF field office and turned out the owner had put his son on the FFL several years ago. That coupled with appointing the son as Special Administrator to handle the shop business allowed things to proceed. ( My buddy's significant other was appointed executrix under the Will). Had the son not been on the FFL, no sales could occur.

 

[Muss Muggins]

Some night when nobody is there a break in could occur. I didn't say that.

Yeah, you did. Not funny . . .

 

[oneounceload]

No, not to "punish" the seller but in my view the buyer did not get the item he paid for. I would think the BATFE would have the firearm sent back to the seller as no transfer can take place. If I buy something online and it is lost by the shipper (UPS FedEX) I am not gonna pay my credit card until I get it. The shipper can take forever filing a claim.

But have no idea which is why I suggest calling them, there must be a procedure or policy in place for this situation,

Let the speculation continue.

Except it wasn't lost in shipment and the seller fulfilled their obligation by sending it to YOUR choice of a FFL and it was received.

 

[LVSteve]

I would make a call to the local office of the ATF. Really. They are not that bad and can actually help. I called them years ago to clarify a ATF policy/'procedure, they were nice and provided the answer.

I had a similar experience back when I was a non-immigrant alien. Very helpful.

 

[Rule3]

Except it wasn't lost in shipment and the seller fulfilled their obligation by sending it to YOUR choice of a FFL and it was received.

The "item" can sit in limbo for who knows how long??

If you want to pay for something that is never received, than that's your choice. A transfer can not be made until the Govt or the Law makes a decision.

It's what I would do, not what you have to do.

 

[CAJUNLAWYER]

Well I think a lot depends on whether the FFL was incapacitated before or after the gun was logged in. If before log in, I would instruct the widow to ship the gun (at my expense) back to grabagun and then start over. If the gun was logged in.......Well I just don't know. It is now on his books and I would coordinate with the ATF and the estate (or curatorship) laws of the state of residence. Assuming sole proprietor. I would think that , as in law with a sole practitioner, there is a designated FFL to take over just in this instance-but then again many people just don't think that far in advance. My wife ia a licensed attorney so we have a succession plan in case something happens to me, but I imagine that most solos don't and it can be a real nightmare!
Good luck-and remember it is not a financial catastrophe by any means. You are only out less than a grand and although aggravating to the extreme, it is not life changing.
This fits squarely in the category of "Stuff happens"

 

[Kanewpadle]

Phil, long story so bear with me.

Many years ago I worked at a gun shop part time. An employee delivered a gun to a customer who had not been a resident of this state for 90 days. A week later this customer tried to buy a gun at another gun shop and was told that he would have to wait until he was a resident for 90 days. The customer replied that he just bought a gun at another store with no problem. Little did he know that an ATF agent was standing next to him.

The agent followed the customer outside, identified himself and explained the situation to him. The agent then followed the customer home, took possession of the gun and verified that the customer had two weeks to go before he was a resident. The agent informed him that he would deliver the gun back to the gun shop and he could pick it up in two weeks.

I happened to be working when the agent walked in with a smile and gun in hand. He asked to see the owner. The owner was out so I took the gun and put it away. Two weeks later the customer picked up the gun.

My point is, like mentioned previously, I would contact the ATF. See if they can do the same although I don't think it will be a quick process.