What do licensees do with un-transferred firearms?

[ajridgedell]

When an FFL receives a firearm for transfer but the customer that purchased the firearm never comes to do a transfer or they get denied, what does the FFL do with the firearm? Are there any laws or regs that state what is supposed to be done with the firearm?

 

[Bigchillin83]

I have been told a few things but would be interested in the “legal” answer…

 

[DBMJR1]

Our official policy:
Transferred firearms that are unable to be processed due to NICS Denial will accrue storage fees of $5.00 / day after 90 days without proof of an ongoing appeal. At the end of one year, from the date of denial, the firearm will be absorbed into our inventory, as abandoned property, and sold as new stock. Any proceeds in excess of the storage fees and transfer fee will be returned to the customer upon request.

We get abandoned firearms other ways too.
Quite a few lowers are never picked up, generally due to military transfers. Not worth the transfer fees to forward them to the next duty station, so they get abandoned.

Every quarter I send out registered letters to customers.
Generally the owner and I just divey them up, fill out 4473's, and take them home after they year is up and letters sent.

Never had anyone come back looking for their firearms. Even after sending them registered letters.

 

[ajridgedell]

Thank you, thats what I was looking for.

 

[AdvancedLaser]

Same as most places. After a year its considered abandoned. Certified letters go out prior to, and its sold.

 

[Bigchillin83]

Isn’t it also true say I but said gun, get it delivered , and get denied, I can then sell it to another person and collect money and the new owner fill out 4473 and take possession of it? The 4473 doesn’t alway have to be filled out by the original buyer… not saying can be straw law’ed, I’m speaking of a legitimate selling and new owner taking possession

 

[Magdump]

Isn’t it also true say I but said gun, get it delivered , and get denied, I can then sell it to another person and collect money and the new owner fill out 4473 and take possession of it? The 4473 doesn’t alway have to be filled out by the original buyer… not saying can be straw law’ed, I’m speaking of a legitimate selling and new owner taking possession

I would think as long as the person buying and doing the transfer is truly taking ownership, that’s lawful. I’m wondering why a firearm can’t be returned to the original seller (even for a restocking fee) if the original buyer has never been cleared.
I bought an auction gun from the big name in that business (which I will not name) and upon arrival at the gun store local to me (which I will not name) and I went to pick it up I found that this gun that they rated as “good condition” was actually in very poor condition (beat to hell and inoperable). It really didn’t help that the person at the store checking in the gun had completely destroyed all packaging and simply walked the gun to the front with no box or even a plastic bag, but after inspecting the gun I told them I was going to have to return it due to the condition. I left it there for a few days and after a few emails and phone calls with the woman running the auction of these seized junkers, an admission was made and arrangements were made and it was sent back. I was out the FFL money and choose to not do any further business with either entity due to poor business practices. The woman running the online auction was fairly nice about it, admitting that they do not truly inspect the guns and only used 3 grades in sort of a quick eyeball blanket guess but don’t even attempt to manually cycle the firearm, assuming far too much. I was reimbursed (after a few weeks) and they sent a shipping label. The FFL was very pissy about the entire debacle. This place that I’d spent thousands of dollars with obviously did not consider my best interest in the least. At one point the guy working the counter told me something like “well, you take chances like that and you’re bound to get screwed” as if it was my fault. They also constantly made comments to me that suggested they didn’t approve of me having guns sent there for transfer rather than purchasing there at a higher price. I had to remind one of the guys at one point of all the purchases I’d made just in that year. I’ll just leave it there because those folks will likely read this one day and I don’t want them thinking I’m bashing unnecessarily. Anyway, to shorten the story, it can be done. If the FFL is willing or you can beg or twist an arm, it can be sent back.