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Old August 15th, 2021, 03:36 PM #1
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Out-of-State Buyer Question

Hey all. I have a question regarding selling a firearm to someone out-of-state.

If I receive payment for a firearm from an out-of-state buyer and in turn ship it to an FFL of the buyers choosing, what happens if the buyer comes back prohibited/the transaction is denied?

Naturally the buyer cannot have the firearm and I would send a refund...but could the out-of-state FFL ship the firearm directly back to me at my home address or does it need to be shipped to a MD FFL?
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Old August 15th, 2021, 03:59 PM #2
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Not your problem. You got paid. It is the FFLs issue to deal with.
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Old August 15th, 2021, 07:24 PM #3
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The almost buyer would need to put it on consignment with the FFL. I'm sure that if you did accept it back they would need to send it through an FFL
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Old August 17th, 2021, 11:44 AM #4
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Quote:
Originally Posted by rseymorejr View Post
The almost buyer would need to put it on consignment with the FFL. I'm sure that if you did accept it back they would need to send it through an FFL
Correct. They would have to send it back to an FFL for you to get it back. When the FFL receives it, they transfer it on to their books. Doesn't matter if the end purchaser can legally receive the firearm.

Legally once you've sold it to them, it is theirs. A convicted felon can own firearms. They cannot POSESS them. That's the key difference in the law.

When you purchase a firearm, you are the owner. The FFL is just transferring it to you once you've completed a 4470 and pass the background check. It isn't the FFL's. It isn't the person who received the money. It is the person who paid for it.

The FFL can't transfer it to the prohibited person, but it is legally theirs. You could be nice and be willing to refund their money and take it back, but IMHO I sure as heck wouldn't.

It is going to have to be shipped to an FFL you can get the transfer at. That's time and money for you, the seller. Now, sure, you could deduct that from the refund, and I sure would if I was even considering refunding them and taking the firearm back. And I'd be deducting my TIME too.

Call it $30-50 for shipping and transfer fee back, plus an hour of my time to go to the FFL, do the 4470 and take it back home and now my time and effort to relist it and deal with another buyer. That's a lot of extra time on my part. That's worth at least another $30-50.

So call it $60-100 in time and costs to me I'd be deducting from a sale IF I was willing to take it back. Sure if it was a friend it would be a different conversation (also probably a conversation about why my friend was prohibited).
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Old August 17th, 2021, 11:46 AM #5
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Heck, now that all sales have to go through an FFL IN Maryland (unless C&R holders or family), I'd also be considering the same thing for a face-to-face at an FFL for the transfer. Certainly any fees the FFL was charging is getting deducted from any refund.
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Old August 17th, 2021, 04:16 PM #6
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If it originally was a grandfathered item that you can no longer purchase in MD, the out-of-state FFL wouldn't be able to transfer the item back to you in MD either (via a MD FFL).
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