December 20, 2012, 11:49 AM | #1 |
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Firearm transfer question
Hi all, I have a Colt Python listed on gunbroker,at this time. I live in North Carolina. I gent in Virginia wants to trade his Colt Diamondback for my gun. I`ve wanted a Diamondback for a while I`m fortunate enough to have two Pythons. So the trade sounds fine to me.His gun is not listed on Gunbroker . I just thought we`d ship our guns to our respective FFLs . Of course we`d have to trust each other . Why not set up a buy it now auction . He would list his gun,Mine is already listed I`d "buy" his & he`d "buy" mine Let gunbroker make their fees .We`d have the protection of Gunbroker. Of course this would incur extra money for shipment via next day air. He`d like to take a ride to N.C ,that sounds ok to me ,but why would we need FFLs if he came here ? Two full adults trading . items. Any help or suggestions? Thanks, charlie
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December 20, 2012, 11:57 AM | #2 |
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I think an FFL would be needed because you are residents of different states.
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December 20, 2012, 12:06 PM | #3 |
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OK but what will the FFL do? we`ll fill out our respective 4473s?
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December 20, 2012, 12:30 PM | #4 | |
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Under federal law, in the OP's trade each handgun would need to be transferred to the transferee by an FFL in the transferee's State of residence. So the gun the OP is trading (the Python) would need to be shipped to a cooperating FFL in Virginia, and the Diamondback going to the OP would have to be shipped to a cooperating FFL in North Carolina.
Here's the whole federal law story on interstate transfers of firearms (not including the rules for those with Curio and Relic licenses and the subject of dual residency): [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. 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.). [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. [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] 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). Here's what the statutes say:
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December 20, 2012, 12:58 PM | #5 |
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Thank you Frank for quoting chapter and verse and putting it in terms even I can understand.
Once again the folks on TFL come through with the facts. |
December 20, 2012, 01:13 PM | #6 |
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Frank You`re a genius ; but knew all of that!!!!!!!So So, by chance I was right. I tild Mr Diamondback that he`d need to send his gun to my FFL I would do vice verse, correct? The FFLs if they want ,can ship the guns to each other. The other thing he could do (we`ve been doing this since the beginning of civilation) is just come here give me his gun & i give him mine So simple ,& you get to BS with the guy that traded your gun,,,,, it just seems so simple. here trust would need to come into play . I have no real problem trusting someone else,maybe because I spent many years in USAF. Seems so simple.
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December 20, 2012, 02:25 PM | #7 | |
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Quote:
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December 20, 2012, 03:12 PM | #8 | |
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Quote:
Note also that it is never acceptable on TFL to suggest that violating the law would be an appropriate way to deal with a situation.
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December 20, 2012, 05:46 PM | #9 |
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I didnt mean thatI would do that Mr Ettin.I was just reflecting on how simple it used to be.In the 50s & 60s That`s all . At 67, I really don`t think i need to be chastised by you . If you need me to discuss this error in judgement on my part ,we`ll either by IM or phone. I`m really offended by your remarks, you provided some very interesting info. That`s all i need .
Last edited by chasgrips45; December 20, 2012 at 05:57 PM. |
December 20, 2012, 07:49 PM | #10 | ||
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Quote:
That can certainly be read as suggesting doing the transaction in a manner that violates federal interstate firearm transfer laws was considered an option. In any case, it was my purpose to make absolutely sure that everyone reading this thread clearly understands (1) that residents of different States meeting to trade firearms face-to-face would be a serious violation of federal law; and (2) that it's never acceptable on TFL to suggest violating the law. I'm sorry that you chose to take that personally and be offended.
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December 20, 2012, 11:28 PM | #11 | |
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Quote:
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December 20, 2012, 11:58 PM | #12 | |
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Quote:
This ain't 1960. It's been Federal law since 1968. Your age is immaterial.
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December 21, 2012, 02:54 PM | #13 |
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If I read that right, one of you could open a business in the state of the other, and then transfer legally. IF I read that right. Of course, the cost of opening a business, and the time involved probably is more work than just using an FFL.
Edit: Then again, as I re-read that I don't see anything about a place of business equating with a residence like I thought I had before. I must be mixing something up, or missing it in a second reading. |
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