Shipping a Pistol

[Wrothgar]

My dad lives in FL. I'm in TX. He has an old Taurus revolver he wants to ship me. Do we have to go through an FFL? There is no $$ being transferred.

[Rifleman1776]

As I understand it, yes.
Others will chime in for sure.

[carguychris]

Unless your father passed away, the answer is yes, you will need a transfer. It does not matter whether or not there is compensation involved.

FWIW it may be cheaper to transfer it anyway- see below. Pay close attention to the shipping requirements.

http://thefiringline.com/forums/showthread.php?t=393572

[ZeroJunk]

You need a FFL to receive the pistol and like was said in the other thread, might as well get an FFL to ship it for $25 bucks or so rather than have a hassle from the shipper's own requirements.

Might be easier to wait until you see each other in person, you can certainly check it on a plane in an approved locked gun case, inpected by NSA of course. But, they charge you more now for an extra piece of luggage than the FFL will likely charge. And, if you don't have an aprroved gun case you will have to buy one.

[Frank Ettin]

Originally Posted by ZeroJunk

Might be easier to wait until you see each other in person, you can certainly check it on a plane in an approved locked gun case, inpected by NSA of course.....

That would still violate federal law.

The applicable statute is (emphasis added)

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;...

[wally626]

If your dad brought the gun to you while on a trip to see you, you could stop buy a friendly FFL and do the transfer in person. Saves the cost of shipping.

You cannot do the opposite as the FFL has to be in your state.

[ZeroJunk]

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;...

Laws like this make my head hurt trying to understand what they are saying. I can tell you that I have bought several long guns out of state and used my NC driver's license for ID and put my NC address on the yellow sheets and brought them home.


All and all, FFL to FFL is the safest way to go. Or call the local ATF agent in Florida and ask them rather than trying to understand applicable federal, state, and local laws in legalese.

[dogtown tom]

ZeroJunk:...Laws like this make my head hurt trying to understand what they are saying. I can tell you that I have bought several long guns out of state and used my NC driver's license for ID and put my NC address on the yellow sheets and brought them home.

And that's perfectly legal.

Federal law allows you to acquire long guns outside your state of residence- but only from a licensed dealer. You can only acquire handguns in your own state from a licensed dealer or a resident of your own state.

[Aguila Blanca]

Originally Posted by ZeroJunk

Laws like this make my head hurt trying to understand what they are saying. I can tell you that I have bought several long guns out of state and used my NC driver's license for ID and put my NC address on the yellow sheets and brought them home.

But the question was specifically about a revolver, not a long gun.

[ZeroJunk]

You can only acquire handguns in your own state from a licensed dealer or a resident of your own state.

It seems his only option is FFL to FFL if the shipper's won't ship a pistol from a non FFL, or can his father bring it to him and just do the FFL transfer in TX.?

But the question was specifically about a revolver, not a long gun.

I know. But, the law quoted as pertaining to this just says firearms, and I know that is not the case with long guns.

[carguychris]

It seems his only option is FFL to FFL if the shipper's won't ship a pistol from a non FFL, or can his father bring it to him and just do the FFL transfer in TX.?

Yes, a transferor may bring a handgun to a FFL in the transferee's home state and do the transfer in person. This is perfectly legal, assuming the gun is transported legally and possession isn't otherwise prohibited under state law.

No federal law prohibits a FFL from receiving a handgun from an out-of-state nonlicensee. As I stated in the thread linked above, many FFLs refuse to accept firearms shipped from out-of-state individuals because they don't want to be stuck holding the bag if the heretofore unseen firearm turns out to be stolen or illegally modified. However, if the FFL can inspect the firearm before accepting it, this concern is moot.