Quote:
|
Originally Posted by raceroch
..I don't know if i can give the individual the gun to bring to the FFL...
|
No, you can't give him the gun.
[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.
[2] In the case of handguns, it must be an FFL in the transferee's State of residence.
[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 is in compliance with the laws of the State in which it takes place; and (3) the transfer complied 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] This applies to all interstate transfers, whether a sale, a gift, a trade or anything else. 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).
The the common way to do this sort of thing is for the buyer to find a local FFL who will do the transfer. The seller, or an FFL on his behalf, can then simply send the gun to buyer's transfer FFL who will transfer the gun. It would be legal for the seller to personally 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. Similarly, while it would generally be legal for the seller to hand deliver the gun to the FFL for transfer, some FFLs might not want to do it that way. And the FFL can charge a fee.
When doing this sort of interstate sale it's a good idea to work out all the details ahead of time, e. g., when and how payment will be made, how the transfer FFL wants the gun shipped or delivered, what his fee will be, who will pay shipping (buyer or seller) and who will pay the FFL's fee (buyer or seller).