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Old November 13, 2008, 02:57 PM   #1
max it
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"Human nature is widely spread among peope" -M.Twain; transferring a handgun

recently i went into the gun shop and inquired about buying a gun from a person on this forum. I asked if he had to take it to a gun shop and have a ffl send it to my ffl holder- a/k/a gun shop. He said no, that a private person could send it thru UPS red label to the gun shop. If this is so, why do I have to bring a seller in when I buy locally? I could have someone in the next state for example, ship me the gun. Any clues? Did I say it right ??
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Old November 13, 2008, 03:49 PM   #2
MrBorland
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Quote:
He said no, that a private person could send it thru UPS red label to the gun shop. If this is so, why do I have to bring a seller in when I buy locally?
The seller may be shipping the gun themselves, but it's still going to an FFL.

Here's my understanding: At some point when going from seller to buyer, the gun has to go through an FFL. If the seller has to ship the gun, they can ship the gun themselves, but it has to be shipped 1) overnight and 2) to an FFL.

An FFL holder doesn't have to ship overnight, so depending on shipping rates, where it's going, FFL fees, etc, it may actually be cheaper to have an FFL ship it.

If you buy locally, ask some gun shops whether the gun (and the seller) still have to go through the FFL. I once asked several FFLs about buying a gun locally through a private sale, and each gave me the same story: If the seller and buyer are in the same state, only a bill of sale signed and kept by both parties is required. Of course, the seller has to be the legal owner and the buyer has to be legally able to buy the gun (e.g. has any required permit). I never did buy the gun, but just to be sure this isn't total malarky, I'd probably ask a few more FFLs, and maybe even someone in she sheriff's office to be sure.
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Old November 13, 2008, 04:22 PM   #3
Smaug
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I would think you could go to BATF's website and get the facts from the horse's mouth. (?)
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Old November 13, 2008, 04:28 PM   #4
Chui
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FFL to FFL is the proper way. The seller will go to an FFL dealer and ship it to your FFL dealer. We do it all the time.
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Old November 13, 2008, 04:35 PM   #5
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Non-FFL to FFL is totally proper, as well. As long as the receiving party is an FFL then BATFE is satisfied.
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Old November 13, 2008, 05:23 PM   #6
brickeyee
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http://www.atf.gov/firearms/faq/faq2.htm#b1


Quote:
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

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]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

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]

(B3) 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? [Back]

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)]

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
STATE law may prevent a non-FFL from mailing to an FFL in another state, but the feds do NOT.
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Old November 13, 2008, 11:37 PM   #7
Chui
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Thanks for the clarification, brickeyee.
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Old November 14, 2008, 06:41 AM   #8
blume357
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Max it.... if it's coming from out of state it has to go to

an ffl in your state. from there it depends on your state... and since you live in 'La La Land'... I'm not familiar with that state's specific laws.

(I'll never figure out why folks need to keep where they are from hidden)
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