serious question about FFL`S

[lx2008]

what happens when an private FFL ( not a gun shop) has just received your firearm
and that FFL dies, before it was transferred to you? how do you go about getting it?

[schutzen-jager]

notify both ATF + executer of estate asap via certified mail + get response before seeking legal advise from lawyer -
.

[Rapier]

Contact the ATF and ask, they probably have had this occur before and have a set process. If the firearm made it to the books, it may be simple, if it is not recorded, could get complicated, by the estate or ATF rules, any firearm on a dealer's premises and not recorded or without a Not For Sale tag can be deemed illegal and can be confiscated by the ATF.

[Snakeoil]

If they allowed their license to expire, or was suspended or revoked, it is usually no accident.

The former FFL holder can transfer your firearm to a licensed person, another FFL holder, just like any private citizen. You could then get the firearm transferred to you from the currently licensed dealer.

I think the ATF would frown upon a former FFL holder continuing to do business after license expiration.

By the way, a shop, company, etc., can not have a license, individuals only may have a FFL.

I think he meant that the FFL holder died.

I agree with SJ, contact them officially. The rub might waiting for the executor to be assigned. This sometimes can take a bit of time if there are close relatives that need to be contacted and give their approval for the executor. If they are out of town, it means letters need to be sent and forms signed, etc.. Not sure if probate court processes vary by state. I would think that they do.

Several years ago a gun shop owner passed unexpectedly. The shop remained open and the wife ran it. But she was not allowed to sell any gun. They were all there, just not for sale. So, I'm sure there is a process in place for such a situation. ATF will probably have all the answers for your questions. It might not hurt to call them in addition to sending a registered letter. They might give you guidance on what you might need to include with the letter to expedite the process.

[lx2008]

thats right. i meant the ffl passed away. this has not happened. i just wanted to know what the process was.
the person i use is getting up there in age and it kinda just hit me that if he would have a firearm that i purchased
and had sent to him for a transfer and he suddenly died...how do i get my firearm.

[TurnipEaterDown]

I don't think the BATFE will answer a hypothetical, unless it is in their FAQ list. You can probably find a FAQ section on their website, though I haven't been there for a while.

https://www.atf.gov/

[725]

I had a shotgun on consignment for sale when the FFL holder died. His was the only name on the FFL and family, who worked the shop with him everyday, held the shotgun until they could release it via another FFL dealer. Took forever because, understandably, the family didn't want to run afoul of the ATF, CIA, FBI, NSA, DOD, DOJ, NEA, PETA, PTA or the Soccer Mom's from never-never land. It was my gun. Registered to me. I could not reclaim it until transferred through a second FFL, and, of course, I waited 7 days to clear the transaction. All to get my shotgun back! What was it that Calvin said, "I have met the enemy and it is us." ? At least I didn't have to go through a gun safety course.

[Randy Bohannon]

Love your response 725 and spot on.

[Mike Kerr]

I fully agree with Randy Bohannon in his praise of 725. Thanks to 725 for his answer and the quote from Calvin is so accurate in its implications of us in our gun culture - and we rarely even know it.

[Dusty Bannister]

Perhaps the earlier version by Walt Kelly "Pogo"
“We have met the enemy and he is us.”
― Walt Kelly

[WRideout]

Perhaps the earlier version by Walt Kelly "Pogo"
“We have met the enemy and he is us.”
― Walt Kelly

I read that exact cartoon when I was quite young (remember the Sunday funny papers?) Even as a child I understood exactly what he meant.

Wayne