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11/20/2019 5:07:11 PM
Posted: 10/29/2006 9:04:57 AM EST
I'm trying to buy a Thompson, found out the trip is alot longer than i thought it was.Can he do this, and not get me put in prison?

checked the regs both for the feds and the state. I can ship it to you directly for two reasons. It is a personal weapon that was owned 1 1/2 years before I even became a dealer. The other reason is as long as you are in the state you can receive it without going through a FFL. Only if it gets shipped outside the state does it need to go through a FFL.

So if you want it, all I would need from you is a copy of your drivers license, some kind of statement saying you are not banned from owning firearms due to domestic violence or criminal activity and of course a USPS MO and I can get it out to you to your home.

Link Posted: 10/29/2006 9:09:26 AM EST
Yeah, face-to-face transfers inside a state also allow shipping between the individuals living inside the same state.

I've never done it, and so the thought makes me a touch nervous too, but it is allowed.
Link Posted: 10/29/2006 9:11:29 AM EST
So its ok with him being an ffl?
Link Posted: 10/29/2006 9:11:37 AM EST
[Last Edit: 10/29/2006 9:12:24 AM EST by ORinTX]
Sounds to me like he's selling it to you as a private party transfer, not as the FFL. He says he can do this because he owned the gun before being an FFL.

I'm no FFL so I can't comment on those rules, but I believe the risk would be on his part, not on yours. I do think you can ship a rifle intra-state for a private party transfer without going through an FFL, at least according to the feds. I think he's playing fast and loose with the private party transfer thing though; would he have done a 4473 for you if you'd gone to his shop in person to buy it?

ETA: I am not a lawyer, and won't be responsible for you going to jail or contracting herpes.
Link Posted: 10/29/2006 9:12:07 AM EST

Originally Posted By staraero:
So its ok with him being an ffl?


Doesnt matter if he is or not. He may object though.
Link Posted: 10/29/2006 9:13:14 AM EST

Originally Posted By ORinTX:
Sounds to me like he's selling it to you as a private party transfer, not as the FFL. He says he can do this because he owned the gun before being an FFL.

I'm no FFL so I can't comment on those rules, but I believe the risk would be on his part, not on yours. I do think you can ship a rifle intra-state for a private party transfer without going through an FFL, at least according to the feds. I think he's playing fast and loose with the private party transfer thing though; would he have done a 4473 for you if you'd gone to his shop in person to buy it?


I don't know we was going to meet, but it was to long for me to travel.
Link Posted: 10/29/2006 9:19:40 AM EST

Originally Posted By staraero:

I don't know we was going to meet, but it was to long for me to travel.


Like I said, I don't know what rules the FFLs have to go by. I know that C&R folks have "grandfathering" of guns they own before they get their C&R, and it sounds like he's saying this gun is grandfathered as well.

I don't think any laws would be broken by this, and I think if a law was being broken it would be his ass and not yours; you are allowed to ship guns in-state to other folks without FFL paperwork, according to federal law.

Again, I'm not a lawyer; this is not legal advice.
Link Posted: 10/29/2006 9:33:02 AM EST
as i understand it if he is a FFL he cannot do it as he needs to have a 4473 or a FFL on file to prove where the rifle went

An individual can legally ( barring state or local laws against it ) ship in state to another individual but most people will not ( or believe it is illegal)

again as said before i am not a lawyer and this is not legal advice

Link Posted: 10/31/2006 3:25:59 PM EST
If the rifle is HIS, not the business', then it'll be fine. If it is the biz's, then no, he can't.
Link Posted: 11/1/2006 6:34:13 AM EST
[Last Edit: 11/1/2006 6:36:06 AM EST by EOD_Guy]
He may sell the firearm from his personal collection if it has been in that collection for more than one year. No 4473 is required when he sells the firearm but the firearm must be entered in a bound book for personal firearms and the buyers information must be entered in the disposition section of that bound book. See 27CFR §478.125a.


TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart H_Records

Sec. 478.125a Personal firearms collection.

(a) Notwithstanding any other provision of this subpart, a licensed
manufacturer, licensed importer, or licensed dealer is not required to
comply with the provisions of Sec. 478.102 or record on a firearms
transaction record, Form 4473, the sale or other disposition of a
firearm maintained as part of the licensee's personal firearms
collection: Provided, That
(1) The licensee has maintained the firearm as part of such
collection for 1 year from the date the firearm was
transferred from the business inventory into the personal collection or
otherwise acquired as a personal firearm,
(2) The licensee recorded in the bound record prescribed by Sec.
478.125(e) the receipt of the firearm into the business inventory or
other acquisition,
(3) The licensee recorded the firearm as a disposition in the bound
record prescribed by Sec. 478.125(e) when the firearm was transferred
from the business inventory into the personal firearms collection or
otherwise acquired as a personal firearm, and
(4) The licensee enters the sale or other disposition of the firearm
from the personal firearms collection into a bound record, under the
format prescribed below, identifying the firearm transferred by
recording the name of the manufacturer and importer (if any), the model,
serial number, type, and the caliber or gauge, and showing the date of
the sale or other disposition, the name and address of the transferee,
or the name and business address of the transferee if such person is a
licensee, and the date of birth of the transferee if other than a
licensee. In addition, the licensee shall cause the transferee, if other
than a licensee, to be identified in any manner customarily used in
commercial transactions (e.g., a drivers license). The format required
for the disposition record of personal firearms is as follows:

Disposition Record of Personal Firearms
----------------------------------------------------------------------------------------------------------------
Description of firearm Disposition
----------------------------------------------------------------------------------------------------------------
Name and
address
Manufacturer and/ Model Serial No. Type Caliber or Date (business Date of birth if
or importer gauge address if nonlicensee
licensee)
----------------------------------------------------------------------------------------------------------------


(b) Any licensed manufacturer, licensed importer, or licensed dealer
selling or otherwise disposing of a firearm from the licensee's personal
firearms collection under this section shall be subject to the
restrictions imposed by the Act and this part on the dispositions of
firearms by persons other than licensed manufacturers, licensed
importers, and licensed dealers.

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