Private sale procedure for FFL's
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Old 03-16-2013, 09:13 PM   #1
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Default Private sale procedure for FFL's

As of 3/15 here in NY private sales of firearms are no longer allowed. All private sales must now be facilitated by an FFL. Due to some mandates by NY, there have been many questions as to the procedure. We now have the answers. The ATF has changed the procedure which effects private sales done by FFL's nationwide. The ATF open letter on private sales can be found at the following link. The new procedure can be found by following the link in the newly added notation at the top of the page.
http://www.atf.gov/regulations-rulings/procedures/031513-open-letter-atf-procedure-2013-1.pdf
If anyone is interested, the new NY regulations on private transfers can be found at http://www.governor.ny.gov/2013/private-sale
NY has mandated that FFL's can charge no more than $10 to facilitate a private transfer. I don't know of an FFL that'll do a transfer for $10. This one won't be doing them. This effectively ends all private transfers in NY. Hopefully, this won't be coming to a state near you anytime soon but all should remain vigilant!

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Old 03-16-2013, 09:30 PM   #2
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Originally Posted by FFL01user View Post
As of 3/15 here in NY private sales of firearms are no longer allowed. All private sales must now be facilitated by an FFL. Due to some mandates by NY, there have been many questions as to the procedure. We now have the answers. The ATF has changed the procedure which effects private sales done by FFL's nationwide. The ATF open letter on private sales can be found at the following link. The new procedure can be found by following the link in the newly added notation at the top of the page.
http://www.atf.gov/regulations-rulings/procedures/031513-open-letter-atf-procedure-2013-1.pdf
If anyone is interested, the new NY regulations on private transfers can be found at http://www.governor.ny.gov/2013/private-sale
NY has mandated that FFL's can charge no more than $10 to facilitate a private transfer. I don't know of an FFL that'll do a transfer for $10. This one won't be doing them. This effectively ends all private transfers in NY. Hopefully, this won't be coming to a state near you anytime soon but all should remain vigilant!
I don't like the new requirements either but sounds to me like you are playing right into the state's hands by refusing to do the transfers. Am I missing something or is watching someone fill out some forms worth more than the $10 you can charge? It's your business and your decision but if you were to tell me that you refuse to facilitate a private transfer because the fees aren't high enough, I wouldn't buy so much as a box of .22lr from you in the future. JMHO.
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Old 03-16-2013, 09:57 PM   #3
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I don't like the new requirements either but sounds to me like you are playing right into the state's hands by refusing to do the transfers. Am I missing something or is watching someone fill out some forms worth more than the $10 you can charge? It's your business and your decision but if you were to tell me that you refuse to facilitate a private transfer because the fees aren't high enough, I wouldn't buy so much as a box of .22lr from you in the future. JMHO.
I concur,
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Old 03-17-2013, 02:44 AM   #4
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That's easy for you to say when you have no liability forever riding on the transfer. I don't think you'll find an FFL anywhere in the country that's doing transfers for $10. Add in the NY state reporting requirements, just in time alone it's not worth $10. I, nor any other NY FFL that I know of, is going to be someones transfer bitch for $10 just so we can say "take that Cuomo".

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Old 03-17-2013, 02:50 AM   #5
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Putting on a mandatory cap of $10 dollars for a transfer is obviously a provision the governor added in bad faith to make private transfers practically impossible.

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Old 03-17-2013, 11:15 AM   #6
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The referenced letter is date stamped "Jan 16 2013", and they were putting a policy in place before a committee recommendation in March?

How many other things have they foreseen?

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Old 03-17-2013, 11:42 AM   #7
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That's easy for you to say when you have no liability forever riding on the transfer. I don't think you'll find an FFL anywhere in the country that's doing transfers for $10. Add in the NY state reporting requirements, just in time alone it's not worth $10. I, nor any other NY FFL that I know of, is going to be someones transfer bitch for $10 just so we can say "take that Cuomo".
I agree the free market should set the rate that is charged. My preferred LGS charges $20 for a long gun or an "other", $30 for a handgun. The handgun costs more because the State of WI runs a state BG check and charges a fee for it. No WI state fee on transfers that do not involve a handgun.

However, I would support my transferring dealer with ammo, accessory and even gun purchases in the scenario originally described.
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Old 03-17-2013, 12:33 PM   #8
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Oh boohoo you have to do the same thing that I've had to do all along. Quit yer b!tching, you are now guaranteed to make more money. You have no more liability on a transfer than you do on a sale. Oh gosh you have to do 10 minutes of work for $10. If you have an issue with the $10 transfer fee charge a booking fee. Problem solved.

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Old 03-17-2013, 02:36 PM   #9
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Although I do believe that this is something put in place to deter gun sales it just may open a new business opportunity for homespun FFL's those who don't really want to sell guns but are willing to pose as the "official" transfer station for two private sellers. No overhead, possibly a booth at local gun shows. When one door closes another one opens. Personally I do not believe that it's a law that can be enforced or very likely to be followed. I'm buying a gun for my wife, think I will go and have it transfered?

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Old 03-17-2013, 02:53 PM   #10
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The referenced letter is date stamped "Jan 16 2013", and they were putting a policy in place before a committee recommendation in March?How many other things have they foreseen?
The ATF open letter dated 1/16/13 was nothing new. It's the addendum dated 3/15/13 that is new.
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