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Posted: 1/9/2006 3:48:22 AM EDT
[Last Edit: 1/9/2006 3:49:38 AM EDT by mjohn3006]
I am 99.99999% sure. For a rifle. For a handgun. For a "firearm"

State to state requires an FFL. I can NOT just ship a rifle to a guy's house.

I'm being told otherwise. But I know it's illegal.

Parts are okay. But recievers or whole firearms require an FFL to transfer.
Link Posted: 1/9/2006 3:51:54 AM EDT
You are correct.
Link Posted: 1/9/2006 3:53:56 AM EDT
Link Posted: 1/9/2006 5:26:29 AM EDT

Originally Posted By mjohn3006:
I am 99.99999% sure. For a rifle. For a handgun. For a "firearm"

State to state requires an FFL. I can NOT just ship a rifle to a guy's house.

I'm being told otherwise. But I know it's illegal.

Parts are okay. But recievers or whole firearms require an FFL to transfer.



Yes, just that simple. Some of the doubt may come from the phrase (this used to be in the GCA of 1968 which required the FFL to transfer, I don't know if it has been changed) "engaged in the business of...." This is the threshold at which the FFL requirement kicked in. It never was certain what "engaged in the business" meant. So, some might say if you're not a business. you can do waht you want. Doesn't work that way.

FFL. Period. It also protects you should the firearm ever be used in a crime and is traced to you. Pass on the FFL's address and it's off your back, and the ATF agents will go see that person.
Link Posted: 1/9/2006 5:34:43 AM EDT
However, a C&R is a form of FFL, and a C&R license holder can buy firearms across state lines, as long as it is a C&R firearm and niether buyer nor seller lives in a state which further constrains this (for example, living in NJ, I can't have anything shipped to me regardless of my C&R, but I can go to another state and make a C&R purchase from an individual)
Link Posted: 1/9/2006 6:38:50 AM EDT
[Last Edit: 1/9/2006 6:39:00 AM EDT by mjohn3006]
Yeah. this is a Kel Tech Sub 2000 rifle.
Link Posted: 1/9/2006 6:46:36 AM EDT
Is the buyer an FFL? If he is, then you can ship to his FFL address, which may be his home.
Link Posted: 1/9/2006 7:25:46 AM EDT

Originally Posted By SHIVAN:
Is the buyer an FFL?



Nope
Link Posted: 1/9/2006 7:32:40 AM EDT
Any firearm that transfers possession over state lines must be sent to the address on the FFL. Same goes for shipping in the same state.
Link Posted: 1/9/2006 7:44:19 AM EDT
[Last Edit: 1/9/2006 10:16:06 AM EDT by SHIVAN]

Originally Posted By striker754:
Same goes for shipping in the same state.



Not quite. You must notify the shipper in writing that the firearm is not going to an FFL.

I could certainly arrange to sell a firearm via email, snail mail, or other means to another citizen of the state in which I reside.

So long as we are both lawful residents, and the shipper notifies the shipping company in writing that the firearm is going to someone other than an FFL, you are covered so far as I understand the law.

I don't do it this way, since I hate to divulge shipping firearms, but it COULD be done -- legally.


I stand partially corrected. See below.
Link Posted: 1/9/2006 7:46:58 AM EDT

Originally Posted By SHIVAN:

Originally Posted By striker754:
Same goes for shipping in the same state.



Not quite. You must notify the shipper in writing that the firearm is not going to an FFL.

I could certainly arrange to sell a firearm via email, snail mail, or other means to another citizen of the state in which I reside.

So long as we are both lawful residents, and the shipper notifies the shipping company in writing that the firearm is going to someone other than an FFL, you are covered so far as I understand the law.

I don't do it this way, since I hate to divulge shipping firearms, but it COULD be done -- legally.



Interesting! Anybody do this?
Link Posted: 1/9/2006 7:50:25 AM EDT

Originally Posted By mjohn3006:
Interesting! Anybody do this?



I might know of an "individual" who has shipped firearms in state.

Said individual might not have notified carrier that it was being shipped to a non-FFL.


With that in mind, where does this notification requirement stem from? This is the first i've heard of it.
Link Posted: 1/9/2006 7:58:23 AM EDT
A person may only buy a firearm within the person's own state, except that he or she may buy a rifle or shotgun, in person, at a licensee's premises in any state, provided the sale complies with state laws applicable in the state of sale and the state where the purchaser resides. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]
Link: www.atf.gov/firearms/faq/faq2.htm#b1
If your state laws allow it you can purchase a firearm from a license dealer out of state. In Missouri you can purchase rifles out of state but not pistols.
Link Posted: 1/9/2006 10:10:26 AM EDT

Originally Posted By SHIVAN:

Originally Posted By striker754:
Same goes for shipping in the same state.



Not quite. You must notify the shipper in writing that the firearm is not going to an FFL.

I could certainly arrange to sell a firearm via email, snail mail, or other means to another citizen of the state in which I reside.

So long as we are both lawful residents, and the shipper notifies the shipping company in writing that the firearm is going to someone other than an FFL, you are covered so far as I understand the law.

I don't do it this way, since I hate to divulge shipping firearms, but it COULD be done -- legally.



Notification is only required when shipping to a nonlicensee in interstate or foreign commerce. It is not required in intrastate shipments. See 27CFR§478.31(a).
Link Posted: 1/9/2006 10:17:01 AM EDT

Originally Posted By EOD_Guy:
Notification is only required when shipping to a nonlicensee in interstate or foreign commerce. It is not required in intrastate shipments. See 27CFR§178.31(a).



27 CFR 178.31 .pdf

Yep, I stand corrected.
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