The Firing Line Forums - View Single Post - How do I sell my Makarov to my son in another state?

**Frank Ettin** · September 26, 2011, 11:03 AM

Under federal law, all transfers of a firearm from the resident of one State to a resident of another (with a few narrow exceptions, e. g., a bequest in a will) must be done by an FFL. In the case of a handgun, it must be an FFL in the transferee's home State. (18 USC 922(a)(3) and 18 USC 922(a)(5))

The easiest thing for the OP to do is to have his son find a local FFL who will do the transfer. The OP, or an FFL on his behalf, can then simply send the gun to son's transfer FFL who will transfer the gun. It would be legal for the OP to send the gun directly to the transfer FFL, but some FFLs will not, as a matter of business practice, accept a gun for transfer directly from an individual.

Doing all this will cost a little money and be a bit of a hassle, but it may be easier overall than having the sun apply to ATF for a C&R license. I'm sure it will take less time.

BTW, the OP doesn't have to sell the gun to the son. It can be a gift. However, there's no exception under federal law for an interstate transfer that's a gift, even if intrafamilial.

September 26, 2011, 11:03 AM	#7
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	Under federal law, all transfers of a firearm from the resident of one State to a resident of another (with a few narrow exceptions, e. g., a bequest in a will) must be done by an FFL. In the case of a handgun, it must be an FFL in the transferee's home State. (18 USC 922(a)(3) and 18 USC 922(a)(5)) The easiest thing for the OP to do is to have his son find a local FFL who will do the transfer. The OP, or an FFL on his behalf, can then simply send the gun to son's transfer FFL who will transfer the gun. It would be legal for the OP to send the gun directly to the transfer FFL, but some FFLs will not, as a matter of business practice, accept a gun for transfer directly from an individual. Doing all this will cost a little money and be a bit of a hassle, but it may be easier overall than having the sun apply to ATF for a C&R license. I'm sure it will take less time. BTW, the OP doesn't have to sell the gun to the son. It can be a gift. However, there's no exception under federal law for an interstate transfer that's a gift, even if intrafamilial. Last edited by Frank Ettin; September 26, 2011 at 11:09 AM.