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9/22/2017 12:11:25 AM
Posted: 5/11/2001 6:36:00 PM EDT
MY local gun shop (FFL) told me that in order for them to recieve a handgun it must come from an FFL. I have used this guy several times for long guns and all have come directly from the seller. Is he correct? In case it matters, I am in PA and the handgun is in FL.
Link Posted: 5/12/2001 4:15:12 AM EDT
That is the SAFEST wway to do the transfer
Link Posted: 5/12/2001 4:23:21 AM EDT
Your FFL may by his business practice except firearms only from another FFL but that is not the law. Unless restricted by a local law at either end it is legal under federal law for a person to ship a firearm to an FFL in any state.
Link Posted: 5/12/2001 8:04:12 AM EDT
Here in NY the NYSP pistol permit people are getting anal that I as a dealer have to prove that the pistol is coming from a lawful owner. They demand that I have the sender ship through an FFL at that end. I think that having a copy of the senders CCW would suffice to prove their lawful status. The SP folks haven't been able to answer that one. I can't speak for other states.
Link Posted: 5/12/2001 9:21:15 AM EDT
That's disturbing to hear because AFAIK there is no NYS law that prohibits a person from shipping a firearm to an FFL, manufacturer or gunsmith. BTW, how does shipping through an FFL holder prove legal ownership? All it means is that it was recorded in his book and shipped. Perhaps the legislature should spend a little more time in enacting legislation to keep felons in prison instead of turning them loose because of overcrowding. NYS can bite me in a few years when I escape!
Link Posted: 5/12/2001 6:22:58 PM EDT
I forget the section the clerk cited...she got flustered ; she told me an FFL had to ship the weapon, and I told here there was no state law I knew of that required an FFL at the shipping end. She was going to have her Sgt call me, which he never did. The point to them is that an FFL is presumed to NOT be a criminal. The section of law they cite, as I recall, says something about the gun must be a lawful gun from a legal owner, or something to that effect. I'll try to dig up the section and post it when I have time.
Link Posted: 5/12/2001 6:31:10 PM EDT
Originally Posted By rkbar15: That's disturbing to hear....snip...... Perhaps the legislature should spend a little more time in enacting legislation to keep felons in prison instead of turning them loose because of overcrowding. NYS can bite me in a few years when I escape!
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I have a better idea. How about letting the legislature spend more time recinding about 3/4th of the current laws so that we would have fewer criminals to need incarceration. They could start by repelling drugs laws and sell drugs to adults in the liquor stores. PigPen
Link Posted: 5/12/2001 6:37:08 PM EDT
Originally Posted By darwindog: MY local gun shop (FFL) told me that in order for them to recieve a handgun it must come from an FFL. I have used this guy several times for long guns and all have come directly from the seller. Is he correct? In case it matters, I am in PA and the handgun is in FL.
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My understanding is that no FFL is required on the sending end. Other than requiring a NICs check on the buyer, I'm not sure why we need either FFL. If you think permits, NICs, and yellow sheets make things safer then, yeah, I guess two of them are safer than one. PigPen
Link Posted: 5/12/2001 6:45:51 PM EDT
Originally Posted By tcsd1236: I forget the section the clerk cited...she...snip The point to them is that an FFL is presumed to NOT be a criminal....snip...
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Is that same as assuming that the LE are NOT criminal? Like in LA, NY, Philadelphia, Memphis, Chicago......... I guess not. You know it seems that a few years ago when the Antis were in charge and wanted to get rid of (or at least reduce the number of) FFLs, they were making the argument that FFLs needed policing and that it was harder to do with so many of them. Surely they didn't keep just the ones who obey the laws. PigPen
Link Posted: 5/13/2001 10:57:19 PM EDT
It may be his policy for handguns but it can be legally shipped UPS next day saver by the seller. FFL to FFL can be mailed USPS with a Postal Form 1508 being filled out. This is right from the Qa.pdf off ATF's website: .(B8) May a nonlicensee ship a firearm through the U.S. Postal Service? A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another State. The Postal Service recommends that longguns 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. (B9) May a nonlicensee ship a firearm by carrier? A nonlicensee may ship a firearm by 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) and 922(e), 27 CFR 178.31] (B10) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
Link Posted: 5/14/2001 3:21:46 PM EDT
Link Posted: 5/14/2001 3:28:22 PM EDT
oneshot:
Can an FFL send a handgun that he sold me of a web site directly to my home in PA, without going through my local FFL?
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No. Must go through an FFL in your state. You can purchase a long-gun from an FFL in another state provided you do so IN PERSON, and the sale complies with the laws of both your home state and the state in which you make the purchase.
Can a private sale of a handgun be shipped via UPS fom seller's home to buyers home without using any FFL's? The two parties would be from different states.
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No. Must go through an FFL in your state. Unlicensed private sellers may only sell to a resident of their own state, or to a licensed dealer in any state.
Link Posted: 5/14/2001 7:47:26 PM EDT
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