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Posted: 10/18/2014 8:28:29 PM EDT
[#1]
Simple answer is no, it has to be shipped to an ffl. May I lawfully transfer a firearm to a friend who resides in a different State? Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
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Posted: 10/18/2014 9:58:28 PM EDT
[#2]
Quoted:
Hi, is it legal for me to sell or give my brother an ar15 who is an out of state resident. I live Florida and he's from michigan. Thanks Perfectly legal. But the transfer must take place at an FFL. Since it's a long gun, the transfer can take place at an FFL in any state. The laws of both Michigan and Florida must be followed by the FFL. He can come here and do the transfer at a Florida FFL, or you can ship it to a Michigan FFL, or you can drive up to Michigan and do the transfer at a Michigan FFL. Or meet in any other state and do the transfer at an FFL in that state. As I said the laws of both states must be followed. |
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Posted: 10/19/2014 6:20:33 AM EDT
[#3]
What about gifting out of state?
I know inheriting can be done interstate. |
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Posted: 10/19/2014 12:18:34 PM EDT
[#4]
Quote HistoryQuoted: Perfectly legal. But the transfer must take place at an FFL. Since it's a long gun, the transfer can take place at an FFL in any state. The laws of both Michigan and Florida must be followed by the FFL. He can come here and do the transfer at a Florida FFL, or you can ship it to a Michigan FFL, or you can drive up to Michigan and do the transfer at a Michigan FFL. Or meet in any other state and do the transfer at an FFL in that state. As I said the laws of both states must be followed. Quote HistoryQuoted: Quoted: Hi, is it legal for me to sell or give my brother an ar15 who is an out of state resident. I live Florida and he's from michigan. Thanks Perfectly legal. But the transfer must take place at an FFL. Since it's a long gun, the transfer can take place at an FFL in any state. The laws of both Michigan and Florida must be followed by the FFL. He can come here and do the transfer at a Florida FFL, or you can ship it to a Michigan FFL, or you can drive up to Michigan and do the transfer at a Michigan FFL. Or meet in any other state and do the transfer at an FFL in that state. As I said the laws of both states must be followed. That's what I thought, but I checked the atf to be sure and they just say firearm and don't specify long or handgun.
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Posted: 10/20/2014 12:44:02 AM EDT
[#5]
Thanks guys
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Posted: 10/20/2014 8:31:43 PM EDT
[#6]
"What about gifting out of state?
I know inheriting can be done interstate." No, you still need to go through an FFL for any out of state transfer, gift or otherwise. Even with in-state gifts to family members, you need to check state law. Some require you to go through the FFL process even for those. With NFA firearms, assuming all ownership requirements are met, the ATF considers the transfer via Will/Trust (after death/incapacity) an "involuntary" act and while the proper ATF paperwork needs to be done, they don't make the person inheriting the NFA firearm pay the $200 tax stamp again. |
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Posted: 10/21/2014 12:56:41 AM EDT
[#7]
Quote HistoryQuoted:
That's what I thought, but I checked the atf to be sure and they just say firearm and don't specify long or handgun. Quote HistoryQuoted:
Quoted:
Quoted:
Hi, is it legal for me to sell or give my brother an ar15 who is an out of state resident. I live Florida and he's from michigan. Thanks Perfectly legal. But the transfer must take place at an FFL. Since it's a long gun, the transfer can take place at an FFL in any state. The laws of both Michigan and Florida must be followed by the FFL. He can come here and do the transfer at a Florida FFL, or you can ship it to a Michigan FFL, or you can drive up to Michigan and do the transfer at a Michigan FFL. Or meet in any other state and do the transfer at an FFL in that state. As I said the laws of both states must be followed. That's what I thought, but I checked the atf to be sure and they just say firearm and don't specify long or handgun. Yeah...the AFT is infamous for putting out very generalized, often misleading, FAQ's. In some cases the misrepresent the actual law completely. |
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