Posted: 6/7/2002 2:36:33 PM EDT
I am a newbie.
I have a question for selling firearms across state lines. Here is what I have found at the AFT website:
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state. A firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]
Seems simple if the out of state buyer sends a FFL with payment and firearm is shipped to that FFL. Some people as well as sites told me that everything needs to go FFL to FFL but provide no link to the laws.
Witch is it?
It is simple and it is just as you said. An unlicensed person ships the firearm to the buyers FFL, to the address on the buyers FFL copy. You really don't even need the signed FFL copy, you just have to be sure that the addess you are shipping to is actually an FFL. But you don't want to be hanging in the wind if some question arises so the best way to cover your butt as the non-licensee shipper is to have a signed copy of the FFL in your possesion before you ship.
FFL to FFL is not needed and people and/or sites suggesting that it is the law, are wrong.
There are requirements for the non-licensee to use a common carrier (UPS, FedEX) to ship CERTAIN firearms, but if you always use a common carrier you will always be within the law. The post office is not a common carrier.
Dig around in the FAQ on the ATF's website and they answer the exact question there.
Thanks for your reply Willy_
I did not use the post office.
I have pointed this out to a FFL in NY after a sale was completed and his reply was to "call the BATF on me" then he went on to email the auction site and tell them that I shipped a firearm illegaly. The site that auctions arms took his stance that it must be shipped FFL to FFL and emailed "the BATF would be visiting me."
I was sure of the laws before I contemplated selling over the web. Now I have been waiting for a raid for days. Oh well I guess the 'hood will have nothing to talk about.....
"I have pointed this out to a FFL in NY after a sale was completed and his reply was to "call the BATF on me" then he went on to email the auction site and tell them that I shipped a firearm illegaly. The site that auctions arms took his stance that it must be shipped FFL to FFL and emailed "the BATF would be visiting me."
No shit, he really emailed GB or AA or whatever auction site your talking about?
You should elaborate on this situation, hope I never buy from this guy.
He sure did Email the auction site. I do not want to use names as I am new and do not know if it is the "right" thing to do.
I will private email you the emails slacker.
If anyone else shows interest I will post the here if allowed.