I recently read the GAO report regarding online sales of firearms. .
Highlights
https://www.gao.gov/products/GAO-18-24
Full Report
https://www.gao.gov/assets/690/688535.pdf
The report outlines the methodology and results of a test the GAO conducted at the behest of 3 members of the Legislative Branch.
Reading the report it raised several questions for me I have never thought of before. I have never sold a firearm online but I have purchased. Every time I have engaged in an online transaction (knock on wood) things went smoothly between the seller, my FFL, and me. We all know that is not always the case. I tend to think of issues with this sort of transaction going wrong due to unscrupulous sellers either taking the money and running or falsely characterizing an item. Obviously things can go wrong for the seller as well and having never engaged in that side of the transaction it made me wonder about the pitfalls there.
Here is where I have a question. Reading the report linked above the GAO references there were some folks that refused to sell when the agents identified they were prohibited indivuals and some sellers evidently took money but I'm unclear on whether any firearms were shipped to FFL's.
So here are my questions.
1. If the sellers mentioned in the report had accepted money and sent the firearm to the FFL and the buyer was subsequently unable to pass a background check what liability does the seller have if any for selling to a prohibited person? Does knowing the person is not allowed to own a firearm or has concerns about the legality of owning a firearm change anything?
2. In the situation above if the seller had already received payment for the firearm what is the legal expectation in terms of the received funds and what legal responsibility does the FFL have to return the firearm to the original seller?
3. Again in the situation above does the buyer who failed the back ground check have any legal responsibility to ensure the FFL returns the firearm to the original seller?
Highlights
https://www.gao.gov/products/GAO-18-24
Full Report
https://www.gao.gov/assets/690/688535.pdf
The report outlines the methodology and results of a test the GAO conducted at the behest of 3 members of the Legislative Branch.
Reading the report it raised several questions for me I have never thought of before. I have never sold a firearm online but I have purchased. Every time I have engaged in an online transaction (knock on wood) things went smoothly between the seller, my FFL, and me. We all know that is not always the case. I tend to think of issues with this sort of transaction going wrong due to unscrupulous sellers either taking the money and running or falsely characterizing an item. Obviously things can go wrong for the seller as well and having never engaged in that side of the transaction it made me wonder about the pitfalls there.
Here is where I have a question. Reading the report linked above the GAO references there were some folks that refused to sell when the agents identified they were prohibited indivuals and some sellers evidently took money but I'm unclear on whether any firearms were shipped to FFL's.
So here are my questions.
1. If the sellers mentioned in the report had accepted money and sent the firearm to the FFL and the buyer was subsequently unable to pass a background check what liability does the seller have if any for selling to a prohibited person? Does knowing the person is not allowed to own a firearm or has concerns about the legality of owning a firearm change anything?
2. In the situation above if the seller had already received payment for the firearm what is the legal expectation in terms of the received funds and what legal responsibility does the FFL have to return the firearm to the original seller?
3. Again in the situation above does the buyer who failed the back ground check have any legal responsibility to ensure the FFL returns the firearm to the original seller?