selling a gun on consignment

[washerman]

I recently left 2 revolvers at a local shooting range to be displayed for sale. Agreed on the price with the range owner and that was 5 months or so ago. They haven't sold so i decided to take one back and leave the other one there for awhile. I was surprised to be told I had to do a background check and pay the fee to get my own gun back. Told the reason was in case i couldn't pass the background check now they would not return the gun to me. So how does that work? The FFL just keeps my gun? i passed the background check when i purchased it and i did not "sell" it to the consignment FFL. I did pass the check of course and got my revolver back but it got me to wondering about the whole issue of leaving a gun on sale by consignment. Does ownership of my revolvers pass to the FFL?

 

[misswired]

In a similar situation someone pawned grandads old shotgun and couldn't pass the background to release from pawn. The shop owner was holding the phone away from his ear as cussing could be heard 10ft away. Been meaning to ask how this turned out.

 

[LoboGunLeather]

This is one of the aspects of "universal background checks" that surprises people. Place a firearm on consignment with a FFL dealer, you will have to do the background check to get it back. Leave a firearm as collateral for a loan (pawn shop, etc), you will have to do the background check to get it back. Take a firearm to a gunsmith for repair, you will have to do the background check to get it back. Loan a shotgun to your brother for hunting season, he will have to get a background check to pick up the shotgun and you will have to do the background check to get your shotgun back.

The universal background checks do not apply only to firearms sales; they apply to all transfers, whether temporary or permanent. Every time a firearm leaves one person's control and passes to another's control the background check will be required.

Advocates insist this is necessary to keep guns from falling through the cracks into unauthorized hands. Opponents insist this is nothing more than added hassle and expense for law-abiding people. Some also warn that such procedures will serve as de facto gun registration programs.

 

[Muss Muggins]

Does ownership of my revolvers pass to the FFL?

Not ownership, but possession. You transferred the firearms to the FFL by leaving them for sale. When the FFL received them, he was required to enter them in his bound book, as they were inventory in his shop for sale. As was explained to you, it is possible that you acquired a disqualifying condition in the interim five months, and the FFL is bound by law not to transfer a firearm to a disqualified individual. Hence the NICS check.

If you hadn't passed the check, he would have kept the guns and sold them, transferring the profit minus his fees to you . . .

 

[ColbyBruce]

I had a Glock 31 stolen from my home in February 2011. It was recovered later that year in a neighboring county and held as evidence until April 2015. I was run through NICS before it was returned to me.

 

[Xfuzz]

Wonder why you can ship a revolver back to S&W
for an upgrade/repair/whatever and upon completion
they ship it back with no background
checks.?

 

[Muss Muggins]

Wonder why you can ship a revolver back to S&W
for an upgrade/repair/whatever and upon completion
they ship it back with no background
checks.?

I know this doesn’t really answer your question, but the answer is “Because we said so . . . “

Must a licensed gunsmith conduct a NICS background check on the return of repaired or customized firearms? | Bureau of Alcohol, Tobacco, Firearms and Explosives

 

[Gamecock]

Like any of this is going to keep a bad guy from getting a gun in a nation with 300,000,000 guns.

 

[washerman]

I am the same person that dropped my revolvers off for consignment. Why would it be different than repairs or warranty? if i had sent someone else to pick up my consigned gun then i could certainly understand the background check being required for pickup.

 

[H Richard]

When you give a gun to a dealer to sell you are transferring it to him and he is required to log it into his "book" as his firearm. In order to return it to you he must have a 4473 filled out and run a NICS check before returning it to you.

 

[paplinker]

I am the same person that dropped my revolvers off for consignment. Why would it be different than repairs or warranty? if i had sent someone else to pick up my consigned gun then i could certainly understand the background check being required for pickup.

Thing is only you would know that. For all they know you just got out on bail yesterday for a violent crime or you threatened in public to harm yourself.

Not saying that I agree or disagree but I can see the shop covering there own tail with the state.

 

[Muss Muggins]

Contact ATF Headquarters | Bureau of Alcohol, Tobacco, Firearms and Explosives

Seems like a question for somebody on this list . . .

I am the same person that dropped my revolvers off for consignment. Why would it be different than repairs or warranty? if i had sent someone else to pick up my consigned gun then i could certainly understand the background check being required for pickup.

 

[Gamecock]

Went hunting in SD a few years back. I had my LGS ship my gun to lodge, which had an FFL. After hunting, the lodge shipped my gun back to LGS. LGS charged me for the transfer back to me.

Still glad I did it. Whole bunch easier than checking as baggage on plane. In fact, one of my friends' guns was not at backage claim on return.

 

[Walkingwolf]

Went hunting in SD a few years back. I had my LGS ship my gun to lodge, which had an FFL. After hunting, the lodge shipped my gun back to LGS. LGS charged me for the transfer back to me.

Still glad I did it. Whole bunch easier than checking as baggage on plane. In fact, one of my friends' guns was not at backage claim on return.

Not positive but I believe you can ship a long gun to yourself with no FFL involved.

 

[Gamecock]

Not positive but I believe you can ship a long gun to yourself with no FFL involved.

LGS got a lot lower rate for shipping.

 

[Walkingwolf]

LGS got a lot lower rate for shipping.

True, IIRC UPS fee is $35 in addition to the shipping fees to ship a firearm. But USPS does allow shipping a long gun, don't know about their fees.

 

[TomkinsSP]

My issue is philosophical. I can pay $10, and pass the moronic background check.

But as an American Citizen, without a criminal record WHY SHOULD I?

People are required to obtain Criminal Background Checks for jobs.The cost is nominal, but why should a citizen pay the government for a check of government records to prove said citizen is not a criminal? What happens when the rare mistake is made? Who is responsible? Certainly not any governmental official.

 

[mattallamerican]

that's why I hit the gun shows get the price I want no dealers get a cut sold hundreds that way

 

[Muss Muggins]

Well, selling hundreds you have an FFL, so you know the drill well . . .

that's why I hit the gun shows get the price I want no dealers get a cut sold hundreds that way

 

[TomkinsSP]

Re: Gamecock and Walkingwolf. USPS ships long arms, no extra charges, same price as if it were a fishing pole or muffler etc. USPS rules explicitly say don't identify contents. Insurance and signature required for delivery are extra.