Guide for using an intermediary FFL, plus words of warning and little story time
TL:DR make sure your seller, intermediary FFL, and local FFL are completely and explicitly clear on exactly what is going to happen, and that everyone knows exactly what is going to be in the box, etc.
I've spent the morning trying to manage an intermediary FFL nightmare that could have easily been avoided if everyone involved was on the same page from the start.
It's a simple premise. A CA resident wants a non-compliant firearm, so they hire a well-known intermediary FFL to make it compliant before it enters the state. Everything is above-board, but there are a lot of pitfalls that can easily be avoided by taking your time and doing things right.
First, make sure the original seller is willing to sell the firearm to you, a CA resident, and have it shipped to an FFL in a different state. You may be able to go through the online checkout process only to have the order cancelled for this error, or they may not let you check out if your billing address is in a restricted state. A call to the original seller can usually clear this up, but sometimes they just don't want to deal with you, and that's their choice.
Second, make sure that the original seller actually ships the firearm to the intermediary FFL, and only after that point should you pay the intermediary FFL. It's entirely possible that the original transaction goes through, days pass, and then you find out that the seller decided to cancel the transaction because they're scared of ATF or straw purchase laws, or whatever.
Third, confirm in writing exactly what your intermediary FFL is going to do to make the firearm CA compliant, whether that means installing a fin grip, fixing a stock in place, installing a mag lock, blocking magazines, etc, or just separating the upper and lower.
Fourth, confirm, in writing, that the invoice/packing slip that the intermediary FFL sends to the local FFL reflects that the firearm is CA compliant. You definitely do not want the intermediary just passing along the initial invoice/packing slip that reflects the firearm in its unaltered state. Confirm, in writing that the local FFL is comfortable with this invoice.
Fifth, make sure that the local FFL knows exactly what is going to be in the box that shows up at their doorstep, and is comfortable with it. Just because it's compliant doesn't mean the local FFL will like it. If this means you have to have the upper, spare parts, magazines, etc shipped to you directly, then pay for the extra shipping to make your local FFL happy.
Now for story time. ^(The following story is fictional and does not depict any actual person or event; The story you are about to hear is true. Only the names have been changed to protect the innocent; Do not try this at home. Not valid where prohibited.)
u/AwesomeCAgunsSubscriber wants a LaRue, Daniel Defense, Wilson Combat, or some other Gucci AR. Great! I'll just use one of those intermediary FFLs because I'm a law-abiding citizen. u/AwesomeCAgunsSubscriber calls the intermediary FFL who confirms that all they need to do is separate the upper and lower, and all is well. u/ACAGS offers to pay extra to ship the upper to their home directly, and the intermediary says that there's nothing to worry about, because a separated upper and lower do not fall under the AW definition. u/ACAGS decides to go this route because it's cheaper, and more importantly, because they know that this is legally compliant. u/ACAGS calls their local FFL to confirm they're willing to receive a lower, and all is well and the gun ships.
Alas! The separated upper and lower arrive, and the local FFL is distraught. Not only were they not expecting a lower and an upper, the packing slip says "LaRue Tactical PredatAR 22" w/ Full Auto BCG", and there are no compliance parts installed. This is bad, this is very very bad. The local FFL is about to throw themselves at the mercy of DOJ and Saint Benitez for receiving such an insidious rifle. Does this have to go back? What happens?
I'll leave you in suspense about the resolution, but this all could have been avoided by following the above guidelines. First, the local FFL and intermediary FFL should have been in contact with each other and confirmed that the local FFL was super happy with what came in the box. Second, to be ultra-safe, the intermediary could have shipped all but the lower to u/ACAGS house for a minimal extra cost. Third, the intermediary FFL (despite being very popular and well-known) should have known not to put "ultra death weapon 5000" on the packing slip. And Fourth, u/ACAGS should have a pile of e-mails back and forth between everyone confirming that everyone was happy before the rifle left the intermediary's back door.
So, word to the wise: document, verify, document, verify, and be 100000% explicit on ever detail about the transaction to make sure that everyone is 10000% happy.
Posted Oct 6, 2021, 9:21 PM UTC