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Posted: 6/29/2002 8:40:07 PM EDT
For instance, you find somebody with an AR lower in your state, but several hours away, can you still do the sale, avoiding the FFL? I mean can you mail the payment and the lower directly to one another? Providing you are in the same state, of course. Or must it be face-to-face? Thanks, ComputerGuy
Link Posted: 6/29/2002 8:45:22 PM EDT
I think a private sale,person to person has to be made that way. Not sure but just by the general wording would think such. Not sure will be looking for the answer also. Bob {8D}
Link Posted: 6/29/2002 8:57:25 PM EDT
[url]http://www.atf.treas.gov/firearms/faq/faq2.htm#b1[/url] 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]
Link Posted: 6/29/2002 9:01:46 PM EDT
so is it the sellers resposibility to make sure that the buyer can legally own a firearm??
Link Posted: 6/29/2002 9:14:14 PM EDT
As long as person to person transactions are legal in your state, you are okay buying it in person. However, from what I've read about federal rules regarding shipping a firearm, an owner can only: 1) send a firearm to a FFL 2) send a firearm back to manufacturer or gunsmith 3) send a firearm to himself Of course, I'm not a lawyer (thank God), but this what I've seen outlined for legal shipping.
Link Posted: 6/29/2002 9:24:37 PM EDT
(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]
Link Posted: 6/29/2002 9:40:39 PM EDT
So it IS legal to do a private sale not face to face?
Link Posted: 6/29/2002 9:46:13 PM EDT
I'm sure no legal type, but I can't find anything that says you can't make the trade however you want within your state... I'd say as long as your state has not, for example Maryland, banned the private in-state sale, you can do it... Ofcourse, I'm no lawyer nor do I play one on TV... but I'd mail it and be done with it...
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