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November 4, 2016, 09:36 AM | #1 |
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Buying Gun from Another State
What are the laws regarding buying a gun from a private seller in a different state?
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November 4, 2016, 10:05 AM | #2 |
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Make sure the gun is legal in your state. Some states have restrictions on "assault weapons", magazine capacity, etc.
Find a Federal Firearms Licensee (FFL) in your area. Any store that sells guns will be one. Contact them first and find out if they do private party transfers and how much they charge. Prices vary, so shop around. It's perfectly legal for the seller to ship the gun directly to your local FFL. However, some FFLs have a policy of only accepting shipments from other FFLs. Ask them first. Once you have found a local FFL who will handle the transfer, have them mail / fax a copy of their license to the seller. The seller should ship the gun to the address on the license, nowhere else. It will smooth things down the line if the seller includes a copy of his ID with the gun. Once the local FFL has received the gun, you go to his shop, fill out the paperwork, pay the fees and take the gun home subject to any local waiting periods. |
November 4, 2016, 10:52 AM | #3 |
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^^^ In addition to what Natman posted...
The FFL transfer may also be handled in person if the buyer and seller are willing to meet at an FFL. It is legal to transfer a rifle or shotgun at an out-of-state FFL UNLESS this is prohibited by local laws where the buyer resides; the buyer should check state and local laws before attempting this. It is NOT legal to transfer a handgun or what the ATF calls an "Other Firearm" at an out-of-state FFL. (Perhaps the most common examples of "Other Firearms" are a stripped rifle receiver and a pistol-grip-only or PGO shotgun.) Such transfers MUST be performed within the destination state. It is often complicated, inconvenient, and expensive for a non-licensee to ship a handgun or "Other Firearm;" this is discussed in more detail in the stickied "How to ship firearms" thread under General Discussion. It is often more convenient and less expensive to have a local FFL ship the firearm, even though the FFL will charge an additional transfer fee; the added cost is often offset by the lessened shipping costs. IMHO it's always a good idea for a seller to check into this, even if the receiving FFL is willing to accept shipments from a non-licensee. (Rifles and shotguns are considerably easier and cheaper to ship because it's legal for a non-licensee to use the U.S. mail, and common carriers like UPS impose far fewer security-related requirements.) This does NOT address firearms that fall under the National Firearms Act of 1934 or NFA for short. Such firearms include machine guns, suppressors (silencers), and sawed-off-shotguns, and are subject to all sorts of additional regulations. There is an NFA-specific subforum on TFL where such questions may be asked. Firearms considered to be antiques under federal law are subject to far fewer regulations; they do not require FFL transfers or background checks unless mandated by local law, they may be freely exchanged across state lines as local laws allow, and they are subject to far fewer shipping restrictions. However, be aware that "antique" in this context has a very concise statutory definition—it is NOT a "catch-all" category for any really old and rusty gun! The most common categories are single-shot black-powder muzzleloaders and black-powder replica revolvers that cannot accept fixed ammunition; these are fairly easy to identify. However, BE CAUTIOUS in categorizing a fixed-cartridge firearm as an antique; those manufactured before 1/1/1899 qualify, but it may take expert analysis to correctly identify a firearm as such, particularly if it has been heavily modified.
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November 4, 2016, 11:09 AM | #4 |
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Thanks
Thanks for the help. So the most simple way is to just buy one in my state. Thanks again.
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November 4, 2016, 12:48 PM | #5 | ||
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Quote:
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November 4, 2016, 01:12 PM | #6 | |
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Quote:
The paperwork at the destination FFL is really no more complicated than buying a gun off the FFL dealer's shelf, while the buyer enjoys the advantages of greater selection and potential purchase-price and sales-tax savings. If the seller and buyer are willing to meet in person in the destination state, it's usually easy to make arrangements with an FFL there—you can generally find out everything you need to know with a phone call. If no meeting takes place, most of the extra burden falls on the seller shipping the gun, particularly if he/she is not an FFL and refuses to simply pay a few bucks and allow a local FFL to handle it (per my previous recommendations). OTOH most established online dealers ship firearms to out-of-state FFLs routinely and have no problems navigating the requirements. If an intended destination FFL is snarky, surly, and/or uncooperative, try a different FFL; some brick-and-mortar dealers detest Internet sales because of the perception that they cut into profits, but IMHO such dealers need to get over it and join the 21st century. Oftentimes, a local "kitchen table" FFL will be friendlier; unlike stores, such folks often make their livelihood from these sorts of transactions.
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November 4, 2016, 04:10 PM | #7 |
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Different Question
Ok different question. Thanks again for all the answers.
So I just bought a gun from a private party. How do I get the gun registered in my name? Or do I even need to get it registered because the bill of sale is enough? |
November 4, 2016, 04:37 PM | #8 | |
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Quote:
If a local registration or permit requirement applies, you will need to contact the appropriate state or municipal office. A local FFL can generally point you in the right direction. The Form 4473 that you fill out at a FFL is NOT a type of registration, tinfoil hat accusations to contrary notwithstanding. The FFL keeps the forms unless and until he/she closes up shop—in which case they are turned into the ATF—or a LE agency makes an appropriate request to view certain forms for specific investigative reasons. The FFL is permitted to destroy the forms after a certain number of years, although the number escapes me. Lastly, the FFL does NOT divulge the specific make, model, and/or serial number of the firearm during the NICS background check phone call—only the type of firearm is discussed, i.e. Long Gun (Rifle or Shotgun), Handgun, or Other (which I discussed earlier). The NICS phone records are supposed to be destroyed after a few days; it's subject to dispute whether they actually are, but we're diverging into tinfoil hat territory if we discuss this further. As to the bill-of-sale question, federal law does not REQUIRE one; whether or not it's a good idea to request one during a private sale is a topic all unto itself, and one that is periodically beaten to death on this forum and others.
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November 4, 2016, 04:52 PM | #9 |
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We need to know the State the OP lives in to provide any accurate information.
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"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 |
November 5, 2016, 09:54 AM | #10 |
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Tennessee
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November 8, 2016, 08:20 AM | #11 |
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Just a suggestion, why not get on your state web site and read the statutes with regards for firearm sales within your state for private sales???
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November 8, 2016, 08:24 AM | #12 |
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I got the info I was wondering about from above responses. Thread can be closed
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November 8, 2016, 09:11 AM | #13 |
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The OP is satisfied.
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"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 |
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