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Posted: 1/23/2009 1:10:08 PM EST
I purchased an AR-15 pistol via Gunbroker.  Set up transfer with local FFL.  I assumed individual was a dealer.  However, he's not.  He shipped the pistol to my local FFL. Now local FFL says that this is HIGHLY ILLEGAL.  Says that pistols cannot be shipped across state lines by an individual only through FFL.  I asked what do I need to do?  FFL says I'll just charge you double due to having to call BATF and Local Law to clear weapon.  Is this correct?  I have not purchased a pistol in a long time. Don't want to get anyone in trouble. Thanks
Link Posted: 1/24/2009 6:11:03 AM EST
First off it sounds to me like you FFL is trying to screw you.  He shouldn't be charging you for the cost of anything right now.  I admit I don't know about the laws reguarding shipping for the purposes of sale, but I know you can ship back to the manufacturer for repair provided the weapon is not assembled and shipped with all the parts in the same box.  This actually seems to be a shippers policy and not law anyway since Pheoix arms sent FedEx to my door to get a .22 pistol the requried repair.  Upon returning it however, they shipped the gun with a lock and then the key seperatly.  In any case, I would refuse to pay squat until this matter (legally) is resolved. If there was a crime commited, you won't be getting that lower anyway.
Link Posted: 1/24/2009 6:21:32 AM EST
FFL is FULL OF SHIT.

an individual can ship a firearm to an FFL in any state.

http://www.atf.gov/firearms/faq/faq2.htm

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]


A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]



(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]


A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
Link Posted: 1/24/2009 6:28:02 AM EST
The ONLY thing that would be illegal is if the individual shipped the pistol to your FFL via USPS.  Handguns can only go through USPS between two FFLs.  If he shipped it to your FFL via UPS or FedEx then your dealer is nothing but a damned thief and liar.  I don't know what you can do about it at this time except to have him return it to the seller and use another dealer to ship it to but that means you have to pay shipping twice, maybe three times.  It is not the seller's fault your dealer is a crook.  The dealer you are using is trying to rip you off and I'm sure if you ask him to prove what he is saying he will only get mad and screw you more, this time wanting three times the amount agreed upon.  Bait and switch, and please, post this bastard's name so everyone can know to stay the hell away from this ass-hole.
Link Posted: 1/24/2009 4:00:37 PM EST
Quoted:
The ONLY thing that would be illegal is if the individual shipped the pistol to your FFL via USPS.  Handguns can only go through USPS between two FFLs.  If he shipped it to your FFL via UPS or FedEx then your dealer is nothing but a damned thief and liar.  I don't know what you can do about it at this time except to have him return it to the seller and use another dealer to ship it to but that means you have to pay shipping twice, maybe three times.  It is not the seller's fault your dealer is a crook.  The dealer you are using is trying to rip you off and I'm sure if you ask him to prove what he is saying he will only get mad and screw you more, this time wanting three times the amount agreed upon.  Bait and switch, and please, post this bastard's name so everyone can know to stay the hell away from this ass-hole.


How about just calling your local BATFE field office, from a cell phone, in the presence of the dealer, that should help clear it up one way or the other.
Link Posted: 1/24/2009 5:05:47 PM EST
yeah, the dealer you are using is either ignorant or he's trying to pad his fee. What you've described is not illegal. Even if the seller shipped a pistol to your dealer through USPS, that in and of itself does not cost the dealer anything extra and definitely shouldn't cost you anything; it would be an issue between the seller and fed.gov.

As another GA resident, big +1 on letting us know who the dealer is so I don't use him.

Link Posted: 1/25/2009 5:45:25 AM EST
Quoted:
yeah, the dealer you are using is either ignorant or he's trying to pad his fee. What you've described is not illegal. Even if the seller shipped a pistol to your dealer through USPS, that in and of itself does not cost the dealer anything extra and definitely shouldn't cost you anything; it would be an issue between the seller and fed.gov.

As another GA resident, big +1 on letting us know who the dealer is so I don't use him.



Agreed, agreed, and agreed.  Please post this FFL so we know to stay away.

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