Out of state firearms transfer

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[ARCHIVED THREAD] - Out of state firearms transfer

Posted: 11/8/2001 8:51:22 AM EDT

I am under the impression that the transfer of a firearm between individuals residing in different states requires that the firearm be shipped from one FFL holder to another FFL holder, with all transfers to the recipient following the laws of that state.

I have sold a rifle to a man in Maryland; I have his money (certified check) and the address of his FFL holder, but no copy of the FFL for my dealer. He keeps saying I can ship the rifle directly to his FFL holder. Who's right?

shooter

Posted: 11/8/2001 10:07:50 AM EDT

[#1]

From www.atf.treas.gov/firearms/faq/faq2.htm#b3

(B3) May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the
purchaser's own state? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's state of residence for the purchaser to obtain the firearm from the dealer. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

Doesn't say anything about an FFL in the seller's state. There has been a lot of controversy over this, with some FFL's refusing to accept out of state guns unless they come from another FFL, but that is not required, according to the above BATF FAQ. The "arrangement... with a licensed dealer in the purchaser's state" does leave an opening for an FFL to require it come from another FFL, but only as a matter of personal preference of the FFL, not as federal law.

Hope this helps.

Posted: 11/8/2001 11:08:09 AM EDT

[#2]

Big help, thanks. I think I'll go with my way of doing the transfers, its worked up to now. The minor inconvenience of asking my FFL to ship it is more than offset by the removal of all questions how the weapon should be shipped.

shooter

Posted: 11/8/2001 11:53:27 AM EDT

[#3]

Hopefully you're not PAYING a FFL to ship a firearm to another FFL. This is just throwing money out the window unless the service includes packing and shipping -- no more that about $12 for a rifle.

Not sure how there can be controversy over something as clearly stated as the law is. A FFL is only required to RECEIVE a firearm in interstate transfer. Been no change to that in 33 years.

You don't need a copy of his receiving FFL's license, but it's the best way of knowing the FFL is there.

-- Chuck

Posted: 11/8/2001 12:08:24 PM EDT

[#4]

On a similar topic, how does this work on a face to face transaction? IE, I'm visiting my buddy out of state, and he has a rifle for sale. Can I give him the cash, and take possesion of the weapon? Or does he have to ship it to an FFL in my state?

Posted: 11/8/2001 1:02:50 PM EDT

[#5]

He must ship to an FFL in your state. Just being in his state does not make you a resident of that state.

-Troy

Posted: 11/8/2001 1:12:26 PM EDT

[#6]

Make sure your buyer's resident FFL sends you a personally ink signed copy of his FFL license. Then to be absolutely covered, when you get the ink signed copy, go to the ATF website, FFL EZ-CHECK form and put in the FFL license number for verification.

Randy

Posted: 11/8/2001 1:34:45 PM EDT

[#7]

Quoted:
Make sure your buyer's resident FFL sends you a personally ink signed copy of his FFL license.

This isn't legally necessary for a transfer from a non-FFL to an FFL. Only trasfers between FFLs require an ink-signature copy of the FFL. Many FFLs won't give copies of their license to non-FFLs, to prevent unauthorized use of them.

Then to be absolutely covered, when you get the ink signed copy, go to the ATF website, FFL EZ-CHECK form and put in the FFL license number for verification.

Randy

Definitely get the FFL # and verify at the website.

-Troy

Posted: 11/8/2001 4:44:12 PM EDT

[#8]

Quoted:
Quoted:
Make sure your buyer's resident FFL sends you a personally ink signed copy of his FFL license.

This isn't legally necessary for a transfer from a non-FFL to an FFL. Only trasfers between FFLs require an ink-signature copy of the FFL. Many FFLs won't give copies of their license to non-FFLs, to prevent unauthorized use of them.

Then to be absolutely covered, when you get the ink signed copy, go to the ATF website, FFL EZ-CHECK form and put in the FFL license number for verification.

Randy

Definitely get the FFL # and verify at the website.

-Troy

This may not be legally necessary, but calling both the ATF and the Illinois State Police garnered the similar statement of advice, "Get the ink signed FFL". Perhaps this may not be what an FFL would want to send, but is prudent to CYA, and if an FFL won't send the copy, then perhaps the sale wouldn't be made.
Truly an 'individual call'. What would 'YOU' do?

Randy

[ARCHIVED THREAD] - Out of state firearms transfer

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