Posted: 6/9/2013 1:04:52 AM EDT
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Need some info..
If you have a rifle in your possession that does not belong to you, how do you go about getting it "transferred" to your name? Will an FFL still do a transfer without the original owner present? |
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1. Gotta know your state. If you're in a good state and you bought it from someone, it's yours. Done.
2. By it "does not belong to you" I'm still going to assume you mean you traded or bought it (and not stole it, which your wording suggests). Your question sounds like it translates to "how do I register a gun to me" which I've gotten for many years from people who think there is already a full blown system of universal registration (which is almost as frightening as actual registration). |
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1. Gotta know your state. If you're in a good state and you bought it from someone, it's yours. Done. 2. By it "does not belong to you" I'm going to assume you traded or bought it (and not stole it, based on your wording). State is NM.... Also, it isnt me. Im trying to find this information out for someone else. Its nothing illegal...Short of it is I visited a relative in NM last week, and left a bolt action hunting rifle there..got an emergency call to return to PA for work, and left the rifle there intending to return this week. That probably isn't going to happen. Relative has now expressed an interest in buying the rifle....can he just take it to an FFL holder and have a transfer done without me there? |
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1. Gotta know your state. If you're in a good state and you bought it from someone, it's yours. Done. 2. By it "does not belong to you" I'm still going to assume you mean you traded or bought it (and not stole it, which your wording suggests). Your question sounds like it translates to "how do I register a gun to me" which I've gotten for many years from people who think there is already a full blown system of universal registration (which is almost as frightening as actual registration). Yes I realize that...see 3rd post. |
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No.
I don't think you do. Edit:(I don't think YOU understand) Just have them send you money and done. That's it nothing else needs to be done after you get the money. Edit: they already have the gun. No need for any transfer of anything, no FFL, they have it already. |
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ETA: updated scenario. Hmmm.
The easy way would be to have your relative just ship it to the FFL with your address in PA as the return address, as if you'd shipped it there to be transferred to the buyer. Not sure how an FFL would react if you just called them and explained what you wanted to do. Not sure they'd be willing to log it in as received from you if someone else physically brought it in. |
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Need some info.. If you have a rifle in your possession that does not belong to you Why do you have it if it doesn't belong to you? how do you go about getting it "transferred" to your name? If it doesn't belong to you why should be it "in your name"? NM doesn't have registration in any event for anything to be "in your name". Will an FFL still do a transfer without the original owner present? You're going to take a firearm into an FFL, hand it to them, and ask them to transfer it to yourself? Huh? all explained in 3rd post. |
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Need some info.. If you have a rifle in your possession that does not belong to you Why do you have it if it doesn't belong to you? how do you go about getting it "transferred" to your name? If it doesn't belong to you why should be it "in your name"? NM doesn't have registration in any event for anything to be "in your name". Will an FFL still do a transfer without the original owner present? You're going to take a firearm into an FFL, hand it to them, and ask them to transfer it to yourself? Huh? Once again proving that reading the thread is in fact for suckahs. |
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Your relative just needs to send you money for the gun. And thats it. yep. you can get all fancy and write out a bill of sale if you want to. not needed though. Maybe I don't understand fully how the laws work. Isn't there a federal law that prohibits interstate sales between private parties>? |
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1. Gotta know your state. If you're in a good state and you bought it from someone, it's yours. Done. 2. By it "does not belong to you" I'm going to assume you traded or bought it (and not stole it, based on your wording). State is NM.... Also, it isnt me. Im trying to find this information out for someone else. Its nothing illegal...Short of it is I visited a relative in NM last week, and left a bolt action hunting rifle there..got an emergency call to return to PA for work, and left the rifle there intending to return this week. That probably isn't going to happen. Relative has now expressed an interest in buying the rifle....can he just take it to an FFL holder and have a transfer done without me there? Have them mail you a check. Done. No need to invite the man into your life. Private firearm sales are just that. Private. |
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Your relative just needs to send you money for the gun. And thats it. yep. you can get all fancy and write out a bill of sale if you want to. not needed though. Maybe I don't understand fully how the laws work. Isn't there a federal law that prohibits interstate sales between private parties>? disregard that.... But still refer to my other post. |
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Your relative just needs to send you money for the gun. And thats it. yep. you can get all fancy and write out a bill of sale if you want to. not needed though. Maybe I don't understand fully how the laws work. Isn't there a federal law that prohibits interstate sales between private parties>? delete the thread... but the NSA already has it.. |
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Take a look at this sight. It has a good state by state break down.
link to some info |
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Your relative just needs to send you money for the gun. And thats it. yep. you can get all fancy and write out a bill of sale if you want to. not needed though. Maybe I don't understand fully how the laws work. Isn't there a federal law that prohibits interstate sales between private parties>? What state are you in? What state is the firearm located in? If the answer to both those questions is the same, then it's not an interstate sale. |
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Your relative just needs to send you money for the gun. And thats it. yep. you can get all fancy and write out a bill of sale if you want to. not needed though. Maybe I don't understand fully how the laws work. Isn't there a federal law that prohibits interstate sales between private parties>? What state are you in? What state is the firearm located in? If the answer to both those questions is the same, then it's not an interstate sale. NM and PA. |
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Your relative just needs to send you money for the gun. And thats it. yep. you can get all fancy and write out a bill of sale if you want to. not needed though. Maybe I don't understand fully how the laws work. Isn't there a federal law that prohibits interstate sales between private parties>? What state are you in? What state is the firearm located in? If the answer to both those questions is the same, then it's not an interstate sale. NM and PA. You might want to read it again. |
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Holy shit a lot of people do not read the whole thread.  That's probably because when we do read the thread, we end up more confused than before. Instead of reading the said thread, maybe I should not click on said thread to begin with. Possibly there should be a warning on the said thread, Graphic: You mind will be full of fuck. But then I would click on it because of the warning. Sigh. |
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Holy shit a lot of people do not read the whole thread. That's probably because when we do read the thread, we end up more confused than before. Instead of reading the said thread, maybe I should not click on said thread to begin with. Possibly there should be a warning on the said thread, Graphic: You mind will be full of fuck. But then I would click on it because of the warning. Sigh. LOL WUT? |
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Holy shit a lot of people do not read the whole thread. At least they actually read the OP this time. I think most just skim the thread title and post based off that. ETA: Quoted:
I was gonna say, another '13 post, but then I saw it was '07er  . Anyways, no such thing as gun registration. I hate having to explain that to gun folks it irks me.OP is asking about doing a transfer for an out of state sale. He had it with him and left it behind (temporarily) many states away. Now, person in distant state wants to buy it. He's asking how to do that and follow the laws as written.  Posted Via AR15.Com Mobile |
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As an FFL, I would say take the money and be done with it. Don't confuse the issue. It's a private sale which is not prohibited in either state. Where do people come up with this "registration" junk? TV? If the original poster is a resident of Virginia (as he mentions)...and he left a firearm in New Mexico...he can't 'transfer' it. ATF prohibits individuals (non-licensed) from transferring across state lines. If he's a 'dual resident' (has residences in New Mexico and Virginia)...not sure on the legalities, but he probably can do a FtF transfer (as long as New Mexico allows them). I'm a Pennsylvania resident. I can't sell to Maryland, Delaware or NJ residents (All about an hour away). AFARR |
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Holy shit a lot of people do not read the whole thread. That's probably because when we do read the thread, we end up more confused than before. Instead of reading the said thread, maybe I should not click on said thread to begin with. Possibly there should be a warning on the said thread, Graphic: You mind will be full of fuck. But then I would click on it because of the warning. Sigh. LOL WUT? I know, right? Makes as much sense as the rest of this dogshit. |
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Holy shit a lot of people do not read the whole thread. That's probably because when we do read the thread, we end up more confused than before. Instead of reading the said thread, maybe I should not click on said thread to begin with. Possibly there should be a warning on the said thread, Graphic: You mind will be full of fuck. But then I would click on it because of the warning. Sigh. LOL WUT? I know, right? Makes as much sense as the rest of this dogshit. |
| Face to face is allowed, without any paperwork of any kind, between residents of the same state. Transfers between residents of different states are required to go through a FFL. If the original owner sends a limited power of attorney, for the transfer, it could be completed by any FFL. The problem might be finding one who understands the issue and is willing. Many won't do even run of the mill transfers from non licensed persons . |
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JFC.... Gun is in NM Buyer is in NM and in possesion of gun Current owner in is PA. NOT AN INTERSTATE SALE! So all I need to do to legally sell out of state is drive to the buyer's place, hand him a rifle, and tell him to mail me a check when I get back to Texas? |
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JFC.... Gun is in NM Buyer is in NM and in possesion of gun Current owner in is PA. NOT AN INTERSTATE SALE! So all I need to do to legally sell out of state is drive to the buyer's place, hand him a rifle, and tell him to mail me a check when I get back to Texas? You would probably never get caught and things would be fine but no, it is not legal. |
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JFC.... Gun is in NM Buyer is in NM and in possesion of gun Current owner in is PA. NOT AN INTERSTATE SALE! You are wrong. glocke12 is a PA resident. His relative is a NM resident. That's what makes it an interstate transfer. That's what makes it illegal. And transfer is ANY transfer, be it a sale or a gift. |
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JFC.... Gun is in NM Buyer is in NM and in possesion of gun Current owner in is PA. NOT AN INTERSTATE SALE! You are wrong. glocke12 is a PA resident. His relative is a NM resident. That's what makes it an interstate transfer. That's what makes it illegal. And transfer is ANY transfer, be it a sale or a gift. Ah... yea... I get it now... derp. |
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Again....both buyer and seller have to be residents of the same state....it is not where the gun is located, it is an issue of what state the buyer resides in and what state the seller resides in. If they are different then federal law requires the transfer to go through an ffl. |
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Unless the firearm is secured in some container that the relative does not have access to, both the OP and his relative have already violated federal law - Illegal interstate transfer of a firearm.
Not sure he can cure the original illegal act by a subsequent legal transfer the firearm to the relative (or how that could be accomplished in the current situation). That would be a question best asked of a firearms attorney. |
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Unless the firearm is secured in some container that the relative does not have access to, both the OP and his relative have already violated federal law - Illegal interstate transfer of a firearm. Not sure he can cure the original illegal act by a subsequent legal transfer the firearm to the relative. That would be a question best asked of a firearms attorney. Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, 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(d), 27 CFR 478.29 and 478.30] |
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He hasn't broken a law (yet). Read the post...was called back to PA on an emergency, left rifle behind with the intent of returning to NM. Looks like things have changed and now he wants to transfer (sell) the firearm...just have the guy take it to an ffl, pay the paperwork fee and be done with it. |
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He hasn't broken a law (yet). Read the post...was called back to PA on an emergency, left rifle behind with the intent of returning to NM. Looks like things have changed and now he wants to transfer (sell) the firearm...just have the guy take it to an ffl, pay the paperwork fee and be done with it. The question there is, how does the FFL receive it from the seller? ATF Open Letter INRE: Private Sales (.pdf) |
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He hasn't broken a law (yet). Read the post...was called back to PA on an emergency, left rifle behind with the intent of returning to NM. Looks like things have changed and now he wants to transfer (sell) the firearm...just have the guy take it to an ffl, pay the paperwork fee and be done with it. The question there is, how does the FFL receive it from the seller? ATF Open Letter INRE: Private Sales (.pdf) That's really the dilemma. Quoted:
A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] The easy, reasonable solution to this situation would probably be just to declare the rifle "rented/loaned" to your relative until the next time you visit when you can complete the transfer. |