Posted: 9/16/2008 8:16:58 PM EDT
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There seems to be 2 schools of thought when an individual (non-FFL)transfers a firearm to a FFL in another state. One is that it is legal (what I believe is true by reading title 18 chapter 44). Here is the section. B. UNLICENSED PERSONS (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back] 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. But my local dealer will not transfer one to me. My dealer stated that the ATF agent looking over the books stated that it has to be FFL TO FFL no matter what. I only ask because I am in a situation where a person from another state sent a firearm to them but no FFL. He stated he had a FFL but it was not in the box. It has been very difficult in the past to get in touch with him and now with all the hurricanes there is no phone service so I can't reach him. Does anyone have any info that directly states that "a FFL may transfer a firearm recieved from a person (non-FFL) when shipped from out of state"? Or am I just mistaken? |
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Most,but not all FFL's will accept an out of state transfer (from a private party) to an in state resident. The reasoning behind it it simply to cover their butt. All the ATF is looking for is a paper trail ( and rightfully so), from seller, to FFL, to buyer. Worst case scenario.... You buy on an auction site a weapon used in a crime 6 months ago. You are now in possession of it. The FFL can prove through his A&D book, and #4473, when it came in, and when you took possession of it. You'd probably lose it for a time, but get it back eventually. ALWAYS ask the seller to include w/ the weapon, a copy of a current ID, be it D/L or state issued ID. You are entitled to a copy of that, and the #4473, if you want. This covers your backside, and the FFL's. Then the boy's can go discuss this with the seller, and you are free and clear. I hope this helps. |
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It sounds like you are stuck unless the dealer goes ahead and does the transfer. He can not send the gun back unless the seller gets a dealer on his end to accept it back. There will be a transfer fee from IL back to the sellers FFL. You will also be responsible for that guys fees also since the ball was dropped on your end by your dealer. Now you are going to have to pay to get the gun back to IL Fees and shipping could end up exceeding the value of the gun. I got my own FFL partially because I had this happen to me. |