Md - tnx!
I have to verify if it is c&r per ATF, but I believe it is.
The c&r holder would have to send a copy of his license.....for my record purposes.
I am the owner of the pistol but was planning to transfer it to the ffl for shipping
Private sale
I believe he is going to keep it
Suka - tnx! I'm hoping the ffl will ship it because using FedEx or Ups is probably 60 minimum. Besides I feel there is less risk to me if I use an ffl to ship since they should be well versed (at least I hope so)
From what I have read it seems like there are more risks/liabilities when dealing with a c&r holder vs a type 1 ffl
Is the FFL going to do your shipping and transfer without charging a fee? USPS shipping + FFL fee might not save as much as you think over FedEx.
If the buyer has a C&R FFL and you verify it online, as Suka rightfully suggested, there should be no problems as far as payment or other "risk". The ATF knows who that person is, and any complaints about him abusing his C&R license could land that person in serious trouble.
I would verify the pistol is absolutely in the C&R list and just bypass the local FFL. Ship it yourself via FedEx. Make sure you declare it's a firearm, don't ship any ammo with it, and to be safe, you can ask for a copy of the buyer's photo ID to back up the information on the C&R license he sends you. The name and address ought to match.
How is he paying? If you request a mailed payment, require either a money order, cashier's check, or personal check. Don't send the gun for 10 days if he chooses to send a personal check, to give it time to clear. If you decide to do a "gift" via PayPal, remember they won't protect you if there is a problem. PayPal won't allow you to use them to do gun sales. Violating their policies voids any fraud protections they offer.
If you Google a little, there are plenty of advice posts that tell you step by step how to safely protect yourself from fraud when selling anything over the Internet. Don't ship to a PO Box, ask for a phone number and talk to the buyer to verify he can be contacted, Google the guy's name and see if you see anything troubling or questionable about him, and NEVER ship the product, especially firearms, until you have been paid. He may not want to send payment until you send a confirmation number. Don't fall for that. Give him your ID info, talk on the phone, or whatever he needs to know you won't scam him. Just don't ship before receiving payment.
Also, make sure to insure the package for the full replacement value. Don't cheap out and decline additional insurance. If you are having the buyer pay shipping, just tack that on to the cost and you won't have to pay it. Firearms are lost in shipping. If yours goes missing, you need it insured to be reimbursed by the shipper.
I can't stress enough that you make sure the gun is on the ATF list. If you ship a gun that doesn't qualify as C&R, that can be a giant legal problem. His license doesn't cover any guns other than C&R. So, you will have shipped a handgun interstate to an unlicensed individual. Not a good situation at all.
As far as the local FFL refusing, I can see their position. Dealers trust other dealers. Too much risk for them and their license if they make a mistake or wind up with any problems to work out. Dealers tend to know what they are doing. C&R licensees are basically hobbyists (collectors). Some are very good at knowing the process and laws, but others not so much.