|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
July 31, 2012, 09:34 PM | #1 |
Senior Member
Join Date: December 9, 2010
Location: indiana
Posts: 210
|
Selling a handgun to someone in another state.
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. Sent from my PC36100 using Tapatalk |
July 31, 2012, 09:37 PM | #2 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
|
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 |
July 31, 2012, 09:43 PM | #3 |
Senior Member
Join Date: December 9, 2010
Location: indiana
Posts: 210
|
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
Sent from my PC36100 using Tapatalk |
July 31, 2012, 11:07 PM | #4 | |||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
Quote:
Quote:
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:
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
|||
August 2, 2012, 11:41 AM | #5 |
Senior Member
Join Date: December 29, 2008
Location: Georgia
Posts: 139
|
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?
|
August 2, 2012, 01:03 PM | #6 |
Senior Member
Join Date: February 13, 2009
Location: NJ
Posts: 1,254
|
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.
|
August 2, 2012, 01:06 PM | #7 |
Senior Member
Join Date: June 16, 2011
Location: Ohio
Posts: 1,497
|
to misnomerga - I think there is an exemption for wills as well, but that's a lawyer question
__________________
"The best diplomat I know is a fully charged phaser bank" - Montgomery Scott |
August 2, 2012, 01:21 PM | #8 |
Staff
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
|
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.
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
|
|