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Old May 6, 2011, 09:54 AM   #1
spooksailor
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FL selling to GA private resident??

What is the requirement for me to trade a few firearms to a GA resident? I am a FL resident.

any help would be great, i just wanna make sure im legal.

thanks in advance.
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Old May 6, 2011, 09:58 AM   #2
Bartholomew Roberts
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The transfer needs to go through an FFL.
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Old May 6, 2011, 10:04 AM   #3
MLeake
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More specifically, it needs to go through a Georgia FFL (the FFL must be in the same state as the recipient's residence). That's a federal legal requirement.

What the law doesn't require, but is still sometimes necessary, is to have an FFL in your state send to an FFL in the recipient's state. Again, not a legal requirement, but some FFL's do not like to receive weapons from out-of-state private citizens. I've encountered that issue once or twice.

Thing is, it costs me $40 to have my local FFL ship a gun. It would cost me about the same to drive to the nearest UPS or FEDEX location that would accept a handgun and ship it via UPS or FEDEX (actually, it would cost me more, given the current price of gas, and I'd have to drive in heavy traffic en route to the airport locations). So it's not only cost effective, it's easier on me just to ship via my FFL to the recipient's FFL.

Non-FFL's can't ship handguns via USPS; I believe doing so is a felony, and the only way to do so would be to lie about what you are shipping, as the Post Office won't accept a handgun from a non-FFL.

If you ship it direct to an FFL, I believe you have to use either overnight or 2nd day air vis UPS, FEDEX, or other common carrier.

Edit: Quick way to find FFLs in the recipient's area is to use GunBroker or GunsAmerica; they have functions for identifying FFLs who agree to receive firearms for transfer, sorted by ZIP code.

Better still, is if he already has an FFL he knows and likes to work with.

Last edited by MLeake; May 6, 2011 at 10:06 AM. Reason: expansion on use of FFL-FFL; finding FFL in area
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Old May 6, 2011, 10:14 AM   #4
divil
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Actually, if they are long guns, the GA resident should be able to travel to FL and buy them over the counter from your local FFL. The federal requirement that an FFL may only sell to a resident of the same state only applies to handguns.
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Old May 6, 2011, 10:21 AM   #5
MLeake
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If they are long guns, I don't think an FFL is required at all. The GA resident could go to any gun show.

I may be incorrect about that, as I haven't been involved in interstate, private party transfers of any long guns yet, but that is how I understand it.

I had assumed handgun, since the OP was worried about how to ship and transfer.
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Old May 6, 2011, 10:40 AM   #6
Doyle
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If they are long guns, I don't think an FFL is required at all. The GA resident could go to any gun show.
Wrong. ANY interstate transfer has to go through an FFL.
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Old May 6, 2011, 10:57 AM   #7
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If you and he are both private parties buying and selling face to face a hardy hand shake is all that is required. Exchange of information would be reccomended, but not required.
If you intend to ship the firearms FFLs will be required to complete the transaction.
If the seller is a FFL 4473 paperwork and background check must be performed.
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Old May 6, 2011, 10:57 AM   #8
MLeake
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I don't wish to seem argumentative, but if an FFL must receive any interstate transfer, then how did CMP ship my M1 Garand to my doorstep?

Or can the FFL be at either end for that?
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Old May 6, 2011, 12:11 PM   #9
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Quote:
Originally Posted by MLeake View Post
I don't wish to seem argumentative, but if an FFL must receive any interstate transfer, then how did CMP ship my M1 Garand to my doorstep?

Or can the FFL be at either end for that?
The CMP is one of the only exemptions to interstate shipping that I know of. It is sanctioned by the US government.
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Old May 6, 2011, 01:27 PM   #10
Don P
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Quote:
What is the requirement for me to trade a few firearms to a GA resident? I am a FL resident.

any help would be great, i just wanna make sure im legal.

thanks in advance
Why not call the good old BATFE and get your answer straight from the horsies mouth,
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Old May 6, 2011, 02:47 PM   #11
Don H
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Quote:
Originally Posted by Microgunner
If you and he are both private parties buying and selling face to face a hardy hand shake is all that is required. Exchange of information would be reccomended, but not required.
Absolutely untrue. An FFL MUST be involved in an interstate transfer of firearms such as the OP proposes.
Quote:
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)]
http://www.atf.gov/firearms/faq/unli...ensed-transfer

More detailed information can be obtained by reading the US Code cited in the above FAQs.
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Old May 6, 2011, 05:24 PM   #12
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If you and he are both private parties buying and selling face to face a hardy hand shake is all that is required. Exchange of information would be reccomended, but not required.
While that may be the gentlemanly thing to do, you have just advised a course of action which is a felony offense.
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Old May 6, 2011, 05:48 PM   #13
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Thanks for the references, guys. I've never had the situation come up; you've saved me some potential hassles.
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