Selling a handgun to someone in another state.

[chadk7]

Not sure if this is the right place for this...

My brother is thinking about buying one of my handguns. I live in Indiana and he lives in nebraska. If he buys it from me next time he is here would he be able to take it back to Nebraska with him or does it have to be transferred through someone with a FFL?

Thanks.

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[Aguila Blanca]

He has to receive it through an FFL in his home state.

There was an almost perfect clone of this question just a few weeks ago.

http://thefiringline.com/forums/showthread.php?t=487965

[chadk7]

Haha thanks I guess I should have searched! I thought that was how it was but just double checking. Does the other thread talk about transfer costs and stuff? If so I will search for it

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[Frank Ettin]

Originally Posted by chadk7

My brother is thinking about buying one of my handguns. I live in Indiana and he lives in nebraska. If he buys it from me next time he is here would he be able to take it back to Nebraska with him...

Short answer is "no."

Originally Posted by chadk7

...Does the other thread talk about transfer costs and stuff?...

The Nebraska FFL doing the transfer decide what he wants to charge, and those costs can vary quite a bit. Your brother might want to shop around. If he has a relationship with an FFL he does a lot of business with, he might be able to get a better deal on the transfer fee.

You will need to make sure the transfer FFL in Nebraska will accept shipment of the gun for transfer directly from you as a non-licensee. It would be legal to do so, but some FFL as a matter of business practice won't do it and insist on receiving guns for transfer only from another FFL. You'll need to work out the details ahead of time. If your brother arranges with an FFL in Nebraska to do the transfer, let that FFL tell you exactly how he wants shipping handled.

If you ship the gun, you will have to send it by UPS or FedEx overnight. That can be expensive. UPS and FedEx rules require you to tell the counter person that you're shipping an unloaded firearm to an FFL. You will need to go to a FedEx or UPS hub; mailbox type stores won't handle guns.

If you can arrange for an Indiana FFL to ship the gun to the Nebraska FFL, it might cost less. An FFL can ship a handgun by USPS Priority Mail, but it would be a federal crime for you to do it. But the shipping FFL will no doubt charge some kind of service fee, and how much will be up to him.

You need to do this right, because doing it wrong is a federal felony with some fairly heavy penalties. Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:

18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

....

(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 (or if the person is a corporation or other business entity, does not maintain a place of business 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 any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

...

[misnomerga]

Seeing this thread prompted this question. I am the executor of my best friend's estate. In his will he gives one of his guns to his nephew who lives in the same state as the deceased. He gives another gun to his daughter who lives in another state. I don't think I have any issues with the nephew but do I need to ship the gun to his daughter via an FFL? I can't just turn it over to her at the family gathering where they will all hear the will?

[NJgunowner]

Actually you MIGHT be able to as a lot of states have exemptions for wills, and the feds have some different rules about it as well. But you'd need to check the laws in both states and pay close attention to what the feds say about it. In most cases I believe they treat it as the inheritors properly immediately on execution of the will, but I could be wrong. And it may have to be specifically mentioned.

[Stressfire]

to misnomerga - I think there is an exemption for wills as well, but that's a lawyer question

[Spats McGee]

I'm not entirely up-to-date on bequests, firearms, and 18 USC 922, so I won't opine as to how those need to go, but I will say this: There are special provisions for bequests under 18 U.S.C. 922, but the transfer (like all transfers) will have to comply with both state and federal laws.