Good questions, all. First, Rebel, auctioneers do not own the seller's property in any way unless they actually buy it, even firearms. However, as at a gun shop which is selling your guns on consignment, I would not be surprised if "modern" guns do have to be logged. But requiring a background check before returning your own non-sold guns is likely either the auction house being extra-cautious or a new ATF ploy for getting guns away from those who shouldn't have them in the first place. Chuckster, if the contract says that buyer's premium proceeds go to the auctioneer, the seller shouldn't sign it unless that's acceptable. If the contact doesn't mention the buyer's premium, the not-so-smart buyer can sign it and sue later if he doesn't get those extra monies. But no matter how the contract is written, what I recommend is that the seller negotiate and offer to contractually split the premium proceeds in a mutually agreeable way. If the consignment is large enough, my experience is that most auctioneers will work something out rather than throw the sale away. Vall, unfortunately auction-issues-and-ethics expert Steve Proffitt, legal counsel to several auction houses, instructor at several auctioneering schools, and an auctioneer himself, died before I got to ask him your very question. But, while I have not read of it happening in any of the trade papers, I do know that several auction houses have either dropped the buyer's premium or not instituted it at all rather than take a chance on being sued. Bill Lawrence
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