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Old June 27, 2011, 03:34 PM   #2
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
My understanding is that "private collection" FFL dealer sales are conducted under the same legal framework as a FTF sale between private individuals, i.e. both the transferor and transferee must reside in the same state, and all applicable state laws must be followed. However, since this topic isn't directly addressed in the statutes, I'll have to do a little research. Someone more familiar with the topic may be along at any moment.

Also, I'd like to correct you on one aspect of your post:
Quote:
What I get from those souces looks like:
1) As between two private sellers who reside in different states, an FFL must be used.
2) As between an FFL and a private buyer, the buyer must reside in the same state as the FFL.
The last statement is not entirely correct. Under 18 USC § 922(b)(3):
Quote:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in... the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States..., and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes...
(emphasis mine- some sentences omitted for brevity)

IOW a licensed dealer is allowed to transfer rifles and shotguns (but not handguns!) to nonlicensees in other states provided the transaction is conducted face-to-face and all applicable state laws are followed.

As an aside, the statutes are applied somewhat differently to a C&R licensee (aka licensed collector) when buying and selling C&R firearms.
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Last edited by carguychris; June 27, 2011 at 03:45 PM.
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