I'm not sure I totally understand your question but I'll give it a shot.
The answer depends on what state you're in and the law(s) of that state. Many states don't restrict private transfers without a FFL so you can buy and sell privately without a problem (assuming neither of you are a prohibited person).
If you're in a restrictive state where transfers must go through a FFL, then the seller needs to accompany you to the FFL so the transfer can be legally recorded. If the 'not so legal' transfer has already taken place, you may have a problem.
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