From reading and responding to various posts, both here and on other forums, about people having problems when buying/selling guns on line or on a forum here is some info I have put together that may (or may not ) help people. I will preface it with the fact that I have been an FFL since 1989 and am also allowed by the BATFE to buy, sell, and transfer suppressors, short barreled rifles and shotguns and machine guns (full auto weapons).
I know there are those that will say "Pfffft, I already knew that." That's great but some people may glean a little something new.
BATFE regulations state that a FFL who receives a firearm MUST enter it into their records by the close of the next business day after receipt of the firearm. The firearm DOES NOT have to be accompanied with a copy of a FFL, it can be entered into the record with a mailing/street address.
BATFE regulations state that when a FFL disposes (sells, transfers or even destroys (and yes this does happen on occasion)) a firearm, they MUST update the records within 7 days of the disposal.
When you are buying a firearm on line, it helps A LOT (and to me is common courtesy) if you notify the FFL who you are going to use to do the transfer, that a firearm is inbound. That way he is expecting it. Tell him what you are buying and who you are buying it from - actually the more info the better. I have been "surprised" a good many times by getting packages I didn't even know were coming for customers.
When buying a firearm on line, tell the seller what FFL you will be using to do the transfer and make sure the seller has your contact information so they can make sure it is on the paperwork the receiving FFL gets.
Typically, what I have seen is that either the buyer will ask his FFL to send a copy of their FFL to the seller (and provide the sellers info), or the seller will contact the buyers FFL to have them send it (if the buyer gave the seller his FFL's contact info). This is why it is necessary to provide as much info as possible to both parties. Guess what, no matter what some will say, it does not always happen and that can cause things to go awry, sometimes very badly.
If you are shipping a firearm you are selling to a FFL and you are not an FFL, make sure you put a note in the box giving the buyers name and contact info and your name and contact info in case there is a problem. It also helps to put the firearm make, model, serial number on the note. Put that info where it can be found easily. I have had tiny notes stuffed in with the packing material that was very difficult to find and have had firearms shipped to me with nothing in the package telling me anything (tough to figure out who it goes to at times). If something were to happen and someone, somewhere has to open the box, they will be able to contact someone about it. I have had it happen twice with packages coming to me with shipping labels that were obliterated, defaced, missing and the shipper was able to finish the shipping because there was a note inside the box with the buyers, sellers and my name and contact info.
If you are shipping a firearm that you sold, insure it and send it with signature required. It's extra protection for both you and the buyer and doesn't cost that much and typically the buyer pays for it as part of the shipping or you and the buyer split the cost. Personally, I do not ship a firearm (for a customer or one I sold) without insurance and signature required. I just build it into the cost I charge someone to pack and ship a firearm for them.
Next, if a firearm doesn't, for whatever reason, get delivered to your FFL:
You or your FFL cannot start an insurance claim because it was never received. The shipper (FFL or person who shipped it) is the only person who can start a claim. At a minimum the shipping FFL should notify their local police and the BATFE should be notified with a missing/stolen report (ATF Form 3310.6, Interstate Firearms Shipment Theft/Loss Report). This reporting is not required by law but it is recommend as a best practice by the BATFE. The receiving FFL probably should also notify their local police to keep them in the loop.
If a firearm is damaged in shipment:
If the damage is noted by the FFL and the firearm has not been transferred to the buyer, the FFL should initiate the claim, after talking to you - hopefully your FFL knows to examine all boxes being delivered and will take pictures of the damaged package or make sure the delivery person notes the damages.
If the FFL gets so many packages that they can't examine them before the delivery person leaves, they should take pictures of the damaged package and report it to the delivery company as soon as possible.
If the firearm is being transferred to you and you see the damage before signing for the firearm, this needs to be brought to the FFLs attention and figure out who is going to do what before leaving the FFLs place of business.
If the firearm has been transferred to you and you don't see the damage until you get it home, take pictures and contact the FFL immediately and let them know and see if they still have the delivery package (and packing material). If they still have it that will be a help when you make a claim. Talk to the seller and let them know what is going on and if they shipped with insurance. You will probably have to contact the shipping company yourself to determine what the next steps are needed.
There are probably things I missed so feel free to add to it. If it answers questions people have and helps make things easier then we accomplished something.
I know there are those that will say "Pfffft, I already knew that." That's great but some people may glean a little something new.
BATFE regulations state that a FFL who receives a firearm MUST enter it into their records by the close of the next business day after receipt of the firearm. The firearm DOES NOT have to be accompanied with a copy of a FFL, it can be entered into the record with a mailing/street address.
BATFE regulations state that when a FFL disposes (sells, transfers or even destroys (and yes this does happen on occasion)) a firearm, they MUST update the records within 7 days of the disposal.
When you are buying a firearm on line, it helps A LOT (and to me is common courtesy) if you notify the FFL who you are going to use to do the transfer, that a firearm is inbound. That way he is expecting it. Tell him what you are buying and who you are buying it from - actually the more info the better. I have been "surprised" a good many times by getting packages I didn't even know were coming for customers.
When buying a firearm on line, tell the seller what FFL you will be using to do the transfer and make sure the seller has your contact information so they can make sure it is on the paperwork the receiving FFL gets.
Typically, what I have seen is that either the buyer will ask his FFL to send a copy of their FFL to the seller (and provide the sellers info), or the seller will contact the buyers FFL to have them send it (if the buyer gave the seller his FFL's contact info). This is why it is necessary to provide as much info as possible to both parties. Guess what, no matter what some will say, it does not always happen and that can cause things to go awry, sometimes very badly.
If you are shipping a firearm you are selling to a FFL and you are not an FFL, make sure you put a note in the box giving the buyers name and contact info and your name and contact info in case there is a problem. It also helps to put the firearm make, model, serial number on the note. Put that info where it can be found easily. I have had tiny notes stuffed in with the packing material that was very difficult to find and have had firearms shipped to me with nothing in the package telling me anything (tough to figure out who it goes to at times). If something were to happen and someone, somewhere has to open the box, they will be able to contact someone about it. I have had it happen twice with packages coming to me with shipping labels that were obliterated, defaced, missing and the shipper was able to finish the shipping because there was a note inside the box with the buyers, sellers and my name and contact info.
If you are shipping a firearm that you sold, insure it and send it with signature required. It's extra protection for both you and the buyer and doesn't cost that much and typically the buyer pays for it as part of the shipping or you and the buyer split the cost. Personally, I do not ship a firearm (for a customer or one I sold) without insurance and signature required. I just build it into the cost I charge someone to pack and ship a firearm for them.
Next, if a firearm doesn't, for whatever reason, get delivered to your FFL:
You or your FFL cannot start an insurance claim because it was never received. The shipper (FFL or person who shipped it) is the only person who can start a claim. At a minimum the shipping FFL should notify their local police and the BATFE should be notified with a missing/stolen report (ATF Form 3310.6, Interstate Firearms Shipment Theft/Loss Report). This reporting is not required by law but it is recommend as a best practice by the BATFE. The receiving FFL probably should also notify their local police to keep them in the loop.
If a firearm is damaged in shipment:
If the damage is noted by the FFL and the firearm has not been transferred to the buyer, the FFL should initiate the claim, after talking to you - hopefully your FFL knows to examine all boxes being delivered and will take pictures of the damaged package or make sure the delivery person notes the damages.
If the FFL gets so many packages that they can't examine them before the delivery person leaves, they should take pictures of the damaged package and report it to the delivery company as soon as possible.
If the firearm is being transferred to you and you see the damage before signing for the firearm, this needs to be brought to the FFLs attention and figure out who is going to do what before leaving the FFLs place of business.
If the firearm has been transferred to you and you don't see the damage until you get it home, take pictures and contact the FFL immediately and let them know and see if they still have the delivery package (and packing material). If they still have it that will be a help when you make a claim. Talk to the seller and let them know what is going on and if they shipped with insurance. You will probably have to contact the shipping company yourself to determine what the next steps are needed.
There are probably things I missed so feel free to add to it. If it answers questions people have and helps make things easier then we accomplished something.