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 Sigman_Froid
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Joined: Mar 2009  OH, USA
 Posts: 431 Feedback: 0% (0) |
Posted: 7/17/2012 12:07:20 PM
[Last Edit: 7/18/2012 1:26:38 PM by Sigman_Froid]
THE IMAGE ABOVE IS A PAID ADVERTISEMENT |
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Bubbles
Luv C3!
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Joined: Jan 2001 WV, USA
Posts: 20426 Feedback: 100% (1) Link To This Post |
Posted: 7/17/2012 12:11:37 PM
Originally Posted By Sigman_Froid:
Can a firearm (non-NFA) purchased from online auction be sent directly to the purchaser (non-FFL) bypassing a FFL transfer dealer? Only if the buyer and seller are in the same state, there are no state laws prohibiting it, and the seller is not an FFL. |
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Posted: 7/17/2012 12:12:09 PM
Originally Posted By Sigman_Froid:
Can a firearm (non-NFA) purchased from online auction be sent directly to the purchaser (non-FFL) bypassing a FFL transfer dealer? It depends on the firearm, state law, and federal law. Sometimes the answer can be yes sometimes it can be no. |
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Sigman_Froid
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Joined: Mar 2009 OH, USA
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Posted: 7/17/2012 12:18:32 PM
I should have stated that it would be interstate.
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Posted: 7/17/2012 12:54:14 PM
Originally Posted By Sigman_Froid:
I should have stated that it would be interstate. If it was built before 1898, then yes. If not, then no for a purchased firearm. |
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Sigman_Froid
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Joined: Mar 2009 OH, USA
Posts: 434 Feedback: 0% (0) Link To This Post |
Posted: 7/17/2012 6:37:56 PM
If the seller were to mistakenly ship direct to buyer what should a buyer do?
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Posted: 7/17/2012 9:16:14 PM
why would he mistakenly send it to you?
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Sigman_Froid
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Joined: Mar 2009 OH, USA
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Posted: 7/18/2012 7:52:13 AM
I don't know. Maybe he is dumb or he made an honest mistake because he was busy and in a rush. I get the impression he is fairly inexperienced since he only had 3 feedback, all of them positive. I assumed that if someone has gone through the process to get their FFL and invested money in the operation they would know the laws. We never discussed the concept that I was buying the gun and it HAD to be sent to another FFL. I will in the future to be sure!
All I know a package shows up in the hands of my mail carrier requiring an adult signature. I really didn't scrutinize the source since we have a home based business (non-firearm related) and we get deliveries of this type all the time. Upon opening the box and seeing the contents I couldn't believe my eyes. My first thought was how the hell can he be so freakin dumb and then the idea that maybe I had been set up by a sham dealer hell bent on discrediting the auction or gun owners in general crept into my mind. I'm a little scared here. I just want to make my purchase legit and make sure my local FFL that I use for transfers isn't negatively impacted by this. I'm thinking I need to go to my local FFL and explain what happened and have them process the transfer but I would like some help from those that know the ropes. My apologies to the mods because I am going to also post this in a new thread to generate interest. |
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Sigman_Froid
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Joined: Mar 2009 OH, USA
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Posted: 7/18/2012 1:26:00 PM
Resolved!
My FFL was gracious enough to just process it as normal. He said it happens all the time and its no big deal provided it is logged through the delivering FFL of record. Whew! |
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FredMan
Scallywag
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Joined: Jul 2005 VA, USA
Posts: 9224 Feedback: 100% (2) Link To This Post |
Posted: 7/18/2012 1:30:25 PM
So the shipper was an FFL? And he still sent direct to you?
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Posted: 7/18/2012 1:45:50 PM
[Last Edit: 7/18/2012 1:46:26 PM by Dace]
Originally Posted By Sigman_Froid:
Resolved! My FFL was gracious enough to just process it as normal. He said it happens all the time and its no big deal provided it is logged through the delivering FFL of record. Whew! Well thats good, because the statutes states it is illegal for a non-licensee to receive a firearm through interstate commerce. I.e. even receiving the firearm is illegal. It is also illegal for a licensee to send a firearm to a non licensee in interstate commerce. 18 U.S.C. § 922 : US Code - Section 922: Unlawful acts (a) It shall be unlawful - (1) for any person - (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce |
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DogtownTom
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Posted: 7/18/2012 2:08:35 PM
Mods should merge these two threads
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Sigman_Froid
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Joined: Mar 2009 OH, USA
Posts: 444 Feedback: 0% (0) Link To This Post |
Posted: 7/18/2012 4:46:25 PM
or better yet delete them
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Sigman_Froid
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Joined: Mar 2009 OH, USA
Posts: 445 Feedback: 0% (0) Link To This Post |
Posted: 7/18/2012 4:51:42 PM
Originally Posted By Dace:
Originally Posted By Sigman_Froid:
Resolved! My FFL was gracious enough to just process it as normal. He said it happens all the time and its no big deal provided it is logged through the delivering FFL of record. Whew! Well thats good, because the statutes states it is illegal for a non-licensee to receive a firearm through interstate commerce. I.e. even receiving the firearm is illegal. It is also illegal for a licensee to send a firearm to a non licensee in interstate commerce. 18 U.S.C. § 922 : US Code - Section 922: Unlawful acts (a) It shall be unlawful - (1) for any person - (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce I am curious why I wasn't given this answer in the first place? Thanks! |
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Posted: 7/19/2012 1:42:09 PM
[Last Edit: 7/19/2012 1:42:34 PM by Dace]
Originally Posted By Sigman_Froid:
Originally Posted By Dace:
Originally Posted By Sigman_Froid:
Resolved! My FFL was gracious enough to just process it as normal. He said it happens all the time and its no big deal provided it is logged through the delivering FFL of record. Whew! Well thats good, because the statutes states it is illegal for a non-licensee to receive a firearm through interstate commerce. I.e. even receiving the firearm is illegal. It is also illegal for a licensee to send a firearm to a non licensee in interstate commerce. 18 U.S.C. § 922 : US Code - Section 922: Unlawful acts (a) It shall be unlawful - (1) for any person - (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce I am curious why I wasn't given this answer in the first place? Thanks! Your original question was very vague. I.e. in Arizona I can send and receive a rifle to anyone that is also a citizen of the this state within this state. However I cannot send a rifle to someone outside of this state. So the question did not have enough information in it to give a proper answer. |
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Posted: 7/19/2012 2:20:02 PM
also, I think anyone that recognized this as a felony did not want to advise you to get a lawyer.
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Posted: 7/19/2012 11:56:18 PM
[Last Edit: 7/19/2012 11:56:18 PM by -JC-]
Locked Per OPs Request.
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