FFL question--selling and delivering a gun in state

[Paul in ND]

Can a FFL deliver a gun (long or handgun) to a prospective buyer in their home state. A form 4473 would be completed and in this case a CCW permit would negate the background check. The transfer would occur in the buyers home city. I know selling at a gun show in ones home state is allowed but this is different. Thanks.

[dogtown tom]

No, an FFL can only conduct business with nonlicensees in two locations: his licensed premises and at a gun show in his own state.

ATF Home Firearms Frequently Asked Questions
Conduct of Business — Licensees



Q: May licensed dealers sell firearms at gun shows?
Generally, a licensee may sell firearms at a gun show located only in the same State as that specified on the seller’s license. However, a licensee may sell curio or relic firearms to another licensee at any location.

[18 U.S.C. 923(j), 27 CFR 478.100]

Q: What may a licensed dealer do at an out-of-State gun show?
A licensed dealer may sell and deliver curio or relic firearms to another licensee at an out-of-State gun show. With respect to other firearms transactions, a licensed dealer may only display and take orders for firearms at an out-of-State gun show. In filling any orders for firearms, the dealer must return the firearms to his or her licensed premises and deliver them from that location. Any firearm ordered by a non-licensee must be delivered or shipped from the licensee’s premises to a licensee in the purchaser’s State of residence, and the purchaser must obtain the firearm from the licensee located in the purchaser’s State. Except for sales of curio or relic firearms to other licensees, sales of firearms and simultaneous deliveries at the gun show, whether to other licensees or to non-licensees, violate the law because the dealer would be unlawfully engaging in business at an unlicensed location.
[18 U.S.C. 922(a)(1), (b)(3), 923(a) and (j)]

[David Hineline]

Almost correct but not quite, a FFL dealer may transfer a gun only at his place of license, or a bonafide gun show in his state of license.

So a FFL dealer may not transfer a gun to another FFL out of state, once they sell the gun out of state they must ship it to the out of state FFL dealer as they would ship any gun.

FFL can buy a gun in any state, but only transfer out at the previous discussed two locations.

[dogtown tom]

David Hineline: ...FFL can buy a gun in any state, but only transfer out at the previous discussed two locations.

Wanna bet?

As posted above, "...a licensee may sell curio or relic firearms to another licensee at any location". This is why you see hundreds of out of state dealers at shows like the Wannamacher show in Tulsa.

[David Hineline]

Whoop te doo, they can sell C+R guns the out of state dealers showing up at Tulsa are hardly just selling C+R guns, they could also sell black powder and replica gun and airsoft. But out of state FFL can not sell non C+R guns in Tulsa