[Draven12]

I live in NY and recently bought a carbine off a gun auction site from a guy in Florida. When the gun got to my FFL dealer they tell me that it didn't come with the copy of an FFL dealer's license. They also tell me that it is illegal for a non-FFL to ship them a firearm, I need to get a hold of the seller and either have him send a copy of an FFL license or they would have to send it back to his FFL dealer to do it all over again. I've been calling and emailing the seller for a couple of weeks and nothing. My carbine is now sitting in limbo at my FFL dealer. Is there anything I can do?

 

[220combat]

If your state requires all incoming guns to come FROM FFL holders, it is your responsibility to make sure your set that up first. Many sellers on the auctions are private sellers, not FFL holders. If you need your gun to come from an FFL holder, that would cost the seller a few dollars on his end, and likely affect the final auction price, because he is going to pass the expense along.

Long story short, if your seller is a private person, you are likely going to have to send the gun back, with no recourse.

 

[Draven12]

The seller knew we needed a copy of an FFL license with the gun. In every email and voice mail I sent the seller I said I would gladly cover the cost of having it sent through an FFL, he obviously doesn't care cause he got his money. My FFL will only send it to another FFL.

 

[220combat]

Short of contacting the owner of the auction site, you're really on your own. Maybe you can have your dealer on your side contact the seller, and try to persuade the seller to comply because he "incorrectly shipped a firearm to NY without going through a licensed FFL dealer". Make sure he doesn't lie in his manipulation techniques.

 

[Draven12]

He doesn't pick up the phone for them either.

 

[220combat]

Then he'll just have to send the gun back. You'll likely lose what you paid for the gun. Not much more I can tell you.

 

[enzelow]

If you have to send it back ,it would have to be to another FFL holder in Florida? So what is the problem? Kind of a contradiction the way I see it.If your FFL sends it to the guy you bought it froms FFL ,then why isn't that FFL good enough for your FFL? They have to have the Florida FFL before they can ship it ,so why won't that FFL work for sending it back to your FFL???????

 

[enzelow]

And Who's on first

 

[Draven12]

The seller just sent it, no FFL, and the return address is his home address.

 

[Wag]

Wow, that really sux. Hope you can get it worked out.

--Wag--

 

[CCW17L]

Why don't you call a dealers in Florida, offer to send them all the records of the sale and offer up front to pay for their transfer? I'm sure you can find one to do it without you sendint it anywhere. I think your dealer is trying to hold out on you beacuse it is quite comon. I can't say that I've ever known of a State to require the sender to hold an FFL since you have to have it sent to an FFL for the transfer to even happen. Although, you do live in a nutjob State so I wouldn't doubt it.

Good luck!!!

 

[Gunrnr]

I live in NY and recently bought a carbine off a gun auction site from a guy in Florida. When the gun got to my FFL dealer they tell me that it didn't come with the copy of an FFL dealer's license. They also tell me that it is illegal for a non-FFL to ship them a firearm, I need to get a hold of the seller and either have him send a copy of an FFL license or they would have to send it back to his FFL dealer to do it all over again. I've been calling and emailing the seller for a couple of weeks and nothing. My carbine is now sitting in limbo at my FFL dealer. Is there anything I can do?

As an FFL who does many transfers, let me take a stab at this one.

First, my disclaimer: My late father did many things to make him Tops, in my book. One of the greatest was to move the family out of NYC in 1964. I have lived in Free States ever since. Thanks, Dad!

That said, I do not know whether NY State or local laws require FFLs there to only accept from other licensees. I will say that, aside from the People's Republik of Kalifornia, few do. California requires outside FFLs to clear their "export" with the Attorney General's office prior to shipment. Hence the reason many of us won't ship to CA.

That's beside the point for this discussion.

If state or local laws require your FFL to accept shipment only from other FFLs, that should have been communicated to you by your receiving FFL prior to shipment. The NY FFL should also have clearly stated that to the sender, as well.

If the law does not require FFL to FFL shipment, your receiving FFL may, at his discretion, accept shipment only from other FFLs. Again, your FFL should have made that clear to you prior to agreeing to act as your transfer agent.

If I am understanding you predicament correctly, you may need to pay to ship the rifle back to your seller. Then have your seller either ship to another NY FFL who will accept shipment from a non-licensee (IF that is legal) OR take the rifle to an FFL in his state who will ship it ALONG WITH a hard copy of his license to your FFL. I would also suggest that you engage another FFL who has better command of both the law and of customer service and will better inform you of of what needs to be done in order to legally complete your purchase.

In any case, be prepared to shell out a few more bucks for shipping fees and, if required, FFL fees on both sides of your transaction.

Good luck!