FFL question

We are going to have an estate sale for my deceased Brothers stuff. We have hired a person to do it.

There are various older military ,foreign WWII, rifles involved that I will get from a friend tomorrow. He has been trying to sell them for us as an individual.

Does the Estate Sales professional need to have a FFL to sell these to the general public? None would be considered antique.
Thanks,

Dave

To the best of my knowledge, No. Private sale does not require a FFL to be involved. But I would make sure to get an ID from every buyer, and write a bill of sale, signed by both parties. This would be for your protection in the future.


Jay

The law is ambiguous to protect the interests of the ATF, but basically a private person to person sale without having an FFL is legal. With the addition of a professional salesperson, you might want to be careful, since the law also states that a person engaged in the sale of firearms as a means of making a living or profit must have an FFL. Jay is right, about having a bill of sale and preferably a photo-copy of the buyers DL/ID... and know that if the firearm is used in a criminal act you will be contacted by the ATF to prove you sold it legally.

I think the auctioneer or other person is working for you, so really you (the estate) is selling the firearm so it's a person to person sale.

It's never a bad idea to require that the person acquire the firearms from an FFL though, creates a paper trail, alleviates you from liability, and puts the burden on the person buying the gun not selling the gun.

(Now, shortly after this post will be the guy that tells you never worry about liability issues, just go on and do it, that we spend too much time on liability.... weigh that one yourself; me, I get insurance and an attorney)

Thanks to all.

After reading this I went to Euless Guns and Ammo and talked to a counter guy. He told me they charged 20% of the sales price for consigned guns. The Estate sales people charge 30%. When a gun is purchased from a gun dealer, paperwork is completed. However, Euless Guns and Ammo might not take all of the guns if they feel that they really won't sell well. Also, if I leave guns with them and then go pick them up, Federal paperwork is required with me as the buyer.

So, I guess there is a trade off. If I'm buying a gun, I would prefer no paperwork. However, when selling, I want a really good paper trail leading away from me.

The above mentioned route might be your best choice if you are concerned at all about any person to person transaction. Lots of gun dealers offer firearm transfer service, which is usually used (and is always required) for online purchases and state to state transfer. To find one offering the service in your area call dealers, pawnbrokers, etc or check gunbroker.com's list. The wife's company charges $20 plus tax for transfer, but she says she has heard of higher fees in the past.

My wife wants me to remind everyone that the paper trail is also only retained by the FFL holder. It is unlawful for the ATF/FBI NICS system to maintain any personal information relating to a "proceeded" gun transaction longer than 24 hours, other than the NICS transaction number and name. So when a firearm is found illegally posessed or used in a criminal act, they start at the manufacturer and follow the trail from there to inital dealer, and then person to person after that. Thats why it is very important to know exactly how, who and where you ended ownership of said firearm and the more proof you have the better.

Also, the NICS transaction does not include any information about the gun other than long-gun or handgun, other than what is recorded on the form 4473 at the FFL dealer. It is a National Instant Check on the background of the purchaser, and has nothing to do with the gun being transferred.