Buying Gun from Another State

[1911 Crazy]

What are the laws regarding buying a gun from a private seller in a different state?

[natman]

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.

[carguychris]

^^^ 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.

[1911 Crazy]

Thanks for the help. So the most simple way is to just buy one in my state. Thanks again.

[Frank Ettin]

Originally Posted by 1911 Crazy

What are the laws regarding buying a gun from a private seller in a different state?...

Looks like a good time to once again lay out federal law on interstate firearms transfers. The law has been in effect for over 45 years. It was enacted by the Gun Control Act of 1968.

1. Under federal law, any transfer of a gun (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. And a handgun must be transferred through an FFL in the transferee's State of residence. 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.). 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.
   
   
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.C] 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.
   
   
4. 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.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:[INDENT]

   18 U.S.C. 922. Unlawful acts
   
   (a) It shall be unlawful—
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   

   (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
   
   (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
   
   (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   ...

[carguychris]

Originally Posted by 1911 Crazy

So the most simple way is to just buy one in my state.

Perhaps, but my advice is NOT to be intimidated by the legalese.

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.

[1911 Crazy]

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?

[carguychris]

Originally Posted by 1911 Crazy

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?

Does your state or municipality require registration? Depending on the location, this may consist of a license or permit that may or may not require each firearm to be individually listed. Such requirements more commonly apply to handguns and/or so-called "Assault Weapons" than to ordinary rifles and shotguns.

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.

[Frank Ettin]

We need to know the State the OP lives in to provide any accurate information.

[1911 Crazy]

Tennessee

[Don P]

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???

[1911 Crazy]

I got the info I was wondering about from above responses. Thread can be closed

[Frank Ettin]

The OP is satisfied.