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December 26, 2010
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Are there any established protocols when buying a gun from an individual in another state? I'm aware that he will have to ship it to a FFL in my state. I'm really more concerned that he ships it at all. Thanks.
Supporter
Range Officer
Range Officers
May 2, 2009
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First you have to ensure your FFL will accept a gun from a private seller; if he will, all you need is tracking info from the seller.
I've never had a problem, but if I do, the BATF will be my first phone call--I'm sure there is some law about NOT shipping a firearm after the sale.
SHOOT
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Range Officers
Dans Club
March 27, 2009
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Be sure to pay with Postal money order with delivery conformation and signiture required.
January 8, 2011
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DWA_Midwest said:
Be sure to pay with Postal money order with delivery conformation and signiture required.
And that cost me an additional $6.75 and it's worth it on a $500 purchase. Not sure if amount of M.O. varies the cost of the M.O.
Range Officer
Range Officers
Dans Club
March 27, 2009
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Hossman said:
DWA_Midwest said:
Be sure to pay with Postal money order with delivery conformation and signiture required.
And that cost me an additional $6.75 and it's worth it on a $500 purchase. Not sure if amount of M.O. varies the cost of the M.O.
At least some protection and proof! I have even overnighted moneys as to show good faith.
January 4, 2011
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I once had seller through GunBroker that would not ship the gun I purchased from him. I called the BATF and was told he had not violated any specific gun law, but by cashing the USPS MO, they were certain he had violated at least a couple of other laws.
I called the North Dakota State Police and was told once I had proof the MO had been cashed by him, he could be charged with grand theft. I also called the Postal Inspection Service and was told if he cashed the MO and did not ship the product (they didn't care that it was a gun), he could be charged with using the US mail to commit a felony.
When I conveyed this information to the seller, he was more than anxious to ship my gun.
Also, if you ship the gun yourself, you CAN NOT send a pistol USPS; a rifle they will accept. You also need to send a copy of you driver's license or state issued photo ID.
DWA_Midwest, the cost of MO's is the same all the way to $1K, but that is the highest increment in which they are issued. If you want more than $3K, however, you have to fill out a Postal form declaring what you are using the money for.
January 22, 2008
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Good information!
Keep in mind that cashiers checks from a bank can be canceled and your money refunded. A US Postal MO is the only form of payment that I know of (besides cash) that cannot be canceled or refunded.
-Wayne
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Moderators
January 24, 2009
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FloridaDWCollector said:
You also need to send a copy of you driver's license or state issued photo ID.
I've bought five (if I recall) guns from private individuals out of state & have only had one guy send a copy of his driver's lisence. My FFL wasn't too worried about it, as long as I had the guy's name & address.
Beats me, maybe that's another reason to be glad I live in a (mostly) pro-gun state?
January 4, 2011
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From the ATF web site:
Federal law requires that we obtain a government-issued photo ID, Driver’s License, or an identification card issued by a State in place of a license. These forms of identification must show photograph, address, date of birth, and signature. If the buyer is a member of the Armed Forces on Active Duty acquiring a firearm in the State where his or her permanent duty station is located, but he or she has a driver’s license from another state, you should list the buyer’s military identification card and official orders showing where his or her permanent duty station is located.
Wayne, it's a little hard to cancel the cashiers check if it has been cashed. I don't think the bank backs the check if it has been processed. I would think your only recourse would be to file charges with the police. If the seller is in another state, it would have to be done long distance. I think I would just as soon let the Postal Inspectors kick down the sellers door. They have far more latitude than the police - like, they don't need a warrant or probable cause.
December 26, 2010
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Thank you all for the help. The LGS said they want a copy of the seller's drivers license before they will receive a gun.
Wayne, you make a good point about the USPS MO. I didn't know that. A long time ago I had a cashiers check I didn't use (car purchase fell through). My bank deposited the funds back into my account once I endorsed their cashiers check "Not used for intended purpose", signed my name and gave it back to them.
Geez, I just remembered I work for a law firm and some of the owners are shooters. I should ask them. I'll firm up details with my boss and the LGS.
I feel a DW in my near future.
December 26, 2010
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Totally off topic.
The cashiers check reminded me of an experience when I helped one of my son's buy a car. We showed up with a cashiers check. I quickly realized that the seller worked for a dealership and had bought the car from them to resell it at a profit. His wife was skeptical of his buy and resell scheme. We reached a deal, got the title and gave him the cashiers check. He didn't know what it was and was very skeptical of it. His wife knew exactly what it was, was now very happy and was getting very affectionate. I grabbed my son and got out of there, the seller skeptical, his wife pawing him and my then 18 year old wondering what was happening. I explained the guy was flipping the car to make a profit, the wife had been skeptical and was now very happy and the seller didn't know what a cashiers check and thus didn't realize his wife was about to make him very happy. She was a hottie too.
February 11, 2010
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I know that look, my wife gets it when I sell a gun, she see's dinner out and
a mall shopping trip I'm way ahead when I make a trade instead of sale.
-Blacktop
January 6, 2011
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"And that cost me an additional $6.75 and it's worth it on a $500 purchase. Not sure if amount of M.O. varies the cost of the M.O."
Many banks issue money orders or cashiers checks (functionally the same) at no cost to customers.
I've bought many things this way, a few revolvers, lots of ammo, and not one problem. If you buy from some one on a site like GunBroker, make sure they have good feedback and that you know their physical address (i.e., I won't send the money order to a PO Box). Delivery confirmation is a good idea but them simply cashing the check is really proof enough. For a gun purchase a good idea, if you have any doubts (say, the seller is from a forum with no ranking or is new to GunBroker and has no feedback), is to have them ship from an FFL and send the check to that FFL. Then the BATF really will intervene if the FFL doesn't deliver. This will however cost the seller some more money (maybe $25).
357 Maxi, 375 SM, 445 SM (blue & SS), 44Rhino & .357 Mags V15 & W12, .460 Rowland, pre-CZ Pointman 1911 .45acp, modern Guardians in 9mm & .45acp, Pointman 9mm and Razorback 10mm. Always on the lookout for something new!
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