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Posted: 5/11/2015 11:12:01 AM EDT
[#1]
Yes, it's allowed.
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Posted: 5/11/2015 11:42:30 AM EDT
[#2]
Here's where the confusion comes from...
https://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-gun-shows
Q: What may a licensed dealer do at an out-of-State gun show? A licensed dealer may sell and deliver curio or relic firearms to another licensee at an out-of-State gun show. With respect to other firearms transactions, a licensed dealer may only display and take orders for firearms at an out-of-State gun show. In filling any orders for firearms, the dealer must return the firearms to his or her licensed premises and deliver them from that location. Any firearm ordered by a non-licensee must be delivered or shipped from the licensee’s premises to a licensee in the purchaser’s State of residence, and the purchaser must obtain the firearm from the licensee located in the purchaser’s State. Except for sales of curio or relic firearms to other licensees, sales of firearms and simultaneous deliveries at the gun show, whether to other licensees or to non-licensees, violate the law because the dealer would be unlawfully engaging in business at an unlicensed location. [18 U.S.C. 922(a)(1), (b)(3), 923(a) and (j)] This seems to forbid the visiting licensee from hand-delivering the gun to the premises of the local transferring, out-of-state dealer. Albeit, this is in reference to gun shows, but it appears that the personal delivery from the visiting FFL to the local FFL is unlawful. And then there's this... https://www.law.cornell.edu/uscode/text/18/922
18 U.S.C. 922(a)It shall be unlawful - (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; This one though, might be saying that the dealers are exempt from the interstate delivery/transportation restriction? But the prior quoted FAQ specifically forbids it, right? So which is it, and why? |
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Posted: 5/11/2015 2:46:29 PM EDT
[#3]
Well weather you ship it or deem yourself to be the carrier whats the difference?
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Posted: 5/11/2015 5:16:01 PM EDT
[#4]
Quote HistoryQuoted:
Here's where the confusion comes from... This seems to forbid the visiting licensee from hand-delivering the gun to the premises of the local transferring, out-of-state dealer. Albeit, this is in reference to gun shows, but it appears that the personal delivery from the visiting FFL to the local FFL is unlawful. Quote HistoryQuoted:
Here's where the confusion comes from... https://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#out-of-state-gun-shows
Q: What may a licensed dealer do at an out-of-State gun show? A licensed dealer may sell and deliver curio or relic firearms to another licensee at an out-of-State gun show. With respect to other firearms transactions, a licensed dealer may only display and take orders for firearms at an out-of-State gun show. In filling any orders for firearms, the dealer must return the firearms to his or her licensed premises and deliver them from that location. Any firearm ordered by a non-licensee must be delivered or shipped from the licensee’s premises to a licensee in the purchaser’s State of residence, and the purchaser must obtain the firearm from the licensee located in the purchaser’s State. Except for sales of curio or relic firearms to other licensees, sales of firearms and simultaneous deliveries at the gun show, whether to other licensees or to non-licensees, violate the law because the dealer would be unlawfully engaging in business at an unlicensed location. [18 U.S.C. 922(a)(1), (b)(3), 923(a) and (j)] This seems to forbid the visiting licensee from hand-delivering the gun to the premises of the local transferring, out-of-state dealer. Albeit, this is in reference to gun shows, but it appears that the personal delivery from the visiting FFL to the local FFL is unlawful. That's only for gunshows. Totally legal otherwise for a dealer to deliver to another dealer. |
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Posted: 5/11/2015 5:53:47 PM EDT
[#5]
Quote HistoryQuoted:
This one though, might be saying that the dealers are exempt from the interstate delivery/transportation restriction? But the prior quoted FAQ specifically forbids it, right? So which is it, and why? A FAQ is not the law. I would suggest review of the applicable laws instead of reading too much into a FAQ answer which doesn't necessarily have application to the question at hand. The FAQ appears to be in reference to sales from an FFL to non-licensees while out of state. |
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Posted: 5/11/2015 6:12:48 PM EDT
[#6]
IANAFFL, and IANAL, but it seems to me that there should not be any problem with one FFL hand-delivering anything to another FFL. It may not be the most profitable use of your time though.
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Posted: 5/11/2015 9:04:14 PM EDT
[#7]
It may be legal but for some dealers they will not accept it that way and they will not allow pickups by other dealers. I was out of town and found a killer deal and the only way the dealer would transfer it to me was by shipping it to me.
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Posted: 5/15/2015 9:44:33 PM EDT
[#8]
Quote HistoryQuoted:
It may be legal but for some dealers they will not accept it that way and they will not allow pickups by other dealers. I was out of town and found a killer deal and the only way the dealer would transfer it to me was by shipping it to me. You will find more than a few dealers that do not understand the laws and/or like to make up their own regulations. 
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