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AR15.COM
6/14/2013 8:46:35 AM EDT
I have a rifle for sale.  A guy stated that he wanted it.  Turns out he is here on vacation from Arizona.  Can I sell it to him face to face?  I have never run into this scenario before.
6/14/2013 9:15:22 AM EDT
[#1]
Quick answer: NO

Detailed answer:

http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-transfer

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]


Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


Q: 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?

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 922(b)(3)]

______________________________________________

You can both go to a local FFL and they can log the gun in and out of their books, process a background check and transfer the long gun to the AZ resident as long as they are not a prohibited person.
6/14/2013 9:20:09 AM EDT
[#2]
Thanks.  I just wanted to make sure I don't do something wrong and get into trouble over it.
6/14/2013 10:04:01 AM EDT
[#3]
No, not legally.



And I know this is "conflict of interest" and I'm not trying to drum up transfer biz, but you can do it at a local (to you) FFL as a transfer just as if he shipped the gun to the dealer.
6/14/2013 10:07:34 AM EDT
[#4]
Guido,  I already called your shop and talked to a pleasant young lady there.  If the buyer wishes to proceed, we will come down to your shop.
6/14/2013 11:44:11 AM EDT
[#5]
Glad that they're pleasant to all of you guys.....they're mean to me!  haha