Question for FFL Holders

[dmc8163]

Well, it's a fine mess I've gotten myself in. I ordered a pistol online and a copy of my FFL's FFL was sent to the Seller. The pistol arrived at my FFLs last week. I was out of town at the time and didn't go to pick up the pistol until today. Wow, what a surprise. I couldn't pick it up because the owner (my FFL) had sold the store. Worse, he did not apply to renew his FFL and, you guessed it, his FFL expired yesterday. The new owner does not have an FFL. And so my pistol is sitting on the shelf of a business that no longer has an FFL. How can I lawfully get my pistol? Thanks, Dave

 

[Dennis The B]

Why don't you call the BATFE? They can probably tell you how to handle this, since I imagine this is not the first time this has happened.

 

[VM]

I don't know the answer to your question but I would call the BATFE if I were in your shoes.
Good Luck.......please let us know how you sort this puzzle out

 

[ohiobuckeye]

Since the only way you can obtain the NICS check and do the transfer is via an FFL dealer, I suspect the BATF answer will be to find another FFL and have him do the transfer. The ex owner with the expired FFL should be able to log it out of his bound book to another current FFL holder who can then do the transfer to you.

 

[writerinmo]

The new owner bought a gun shop and doesn't have a FFL? That's kinda strange.

 

[J. Galt]

Worse, he did not apply to renew his FFL and, you guessed it, his FFL expired yesterday.

Can you contact the old owner? FFLs have a grace period of 45 days after the FFL expires, during which they can make transfers.

 

[2152hq]

It's natural for a transition from one owner to another to occur but with one guys license expired and the new owner without one at all,,something doesn't exactly seem right.

The 45day 'grace period' to continue operations is only good in the case of what the BATFE states is a 'timely renewal of the license'.
If the original owner didn't submit anything at all and just walked away from it, then it's just that,,expired.


Licenses aren't transferable to a new owner, so that angle is out of the picture.

BATFE local office would be my first call.
They will be able to find the true status of the former and new owner with respect to FFL licenses.

If neither has one or a renewal in progress,,they may just pay the GunShop with no license a visit and take away the firearms inventory.

 

[sparkgap]

What guns your old FFL had on hand at the time his FFL expired now become part of his personal possession. he can just sell them or give them to someone.

Does your state require that all transfers go through an FFL?

I'm saying this without my first cup of coffee.

 

[dmc8163]

Thanks everyone. I won't go into the goofiness involved in the sale of this shop. Sparkgap's post about the weapon becoming the propery of the expired FFL is very interesting... and frightening in this case. Will be meeting with ATF today. Cheers, Dave

 

[Firehouse]

Let us know what you find out. I'm interested in this as well. A very interesting predicament indeed.

 

[handejector]

Thanks everyone. I won't go into the goofiness involved in the sale of this shop. Sparkgap's post about the weapon becoming the propery of the expired FFL is very interesting... and frightening in this case. Will be meeting with ATF today. Cheers, Dave

If the licensee takes the inventory home, every gun he takes has to be logged out to him personally.
When an FFL ceases business, the bound book and the 4473's on hand have to be surrendered to BATFE in a limited time period- 30 days, as I recall. EVERY gun still in inventory has to show some kind of disposition- either to the individual himself as I said, or to a customer through a 4473, or transfer to another FFL. There can be NO blanks in the bound book concerning disposition.

 

[dmc8163]

Success. OK, in the presence of ATF the pistol was transfered by my FFL to another to another FFL with a valid license. I acquired the pistol from the new FFL after completing the appropriate paperwork. All took place in less than 15 minutes. Much, much easier than I first expected. Thanks again everyone. D

 

[doublesharp]

My favorite gun store just changed hands. They are transferring the ffl license. The new owner is using the old ffl that expired 12/1/2009. The BATF issues a letter of authorization every 30 days that gives the new owner permission to use the old ffl for the next 30 days. When you do a BATF EZ check the letter of authorization shows up and the expiration date is extended. I just completed a transfer through them with no problem.

 

[wheelgun28]

OK, in the presence of ATF the pistol was transfered by my FFL to another to another FFL with a valid license.

wheres Paul Harvey when we need him....

This sounds like it could be juicy

Whats the rest of the story????