In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

Gun Sales Laws

bullelkbullelk Member Posts: 679 ✭✭✭✭
edited May 2002 in General Discussion
This subject was being debated in the Ask The Experts forum until it was locked. This will help end some of the confusion to those who might pick it up here.
According to the ATF's, FFL regulations 2000, it is legal for a unlicensed person to ship a long gun to a dealer of another state to complete a transfer. (18 USC 922(a)(3) and (5), 922(b),27 CFR178.29.
This comes from the Q & A section Page 135

A person not licensed under the GCA and not prohibited from aquiring firearms may purchase a firearm from an out of state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm
from the dealer.

This was part of the discussion. Hope it helps.


IF ALL ELSE FAILS,, READ THE DIRECTIONS.

Gino
· Share on FacebookShare on Twitter

Comments

  • badboybobbadboybob Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Directions? Who reads those thangs?

    PC=BS
    · Share on FacebookShare on Twitter
  • ref44ref44 Member Posts: 251 ✭✭✭
    edited November -1
    I thought the issue was whether or not an unlicensed person had to go through an FFL in his state to send a handgun to an FFL in another state. The answer is "no"...unless you have some prohibitive state law.
    · Share on FacebookShare on Twitter
  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    I bought a New AMT Back-up 380 cal. ($175.00) in my State without it being shipped to an FFL. I filled out a Green Form. It is then sent to my Local Sheriff and if he dosn't Deny it after seven days of receipt the gun is shipped to me automatically to my Front Door.

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
    · Share on FacebookShare on Twitter
  • gunner@nwinet.comgunner@nwinet.com Member Posts: 23 ✭✭
    edited November -1
    RugerNiner,

    What happens if he denies it.
    · Share on FacebookShare on Twitter
  • bullelkbullelk Member Posts: 679 ✭✭✭✭
    edited November -1
    ref44,
    You're gight about that.
    Gino
    · Share on FacebookShare on Twitter
  • bullelkbullelk Member Posts: 679 ✭✭✭✭
    edited November -1
    ref44'
    Then again, you may be wrong. The handgun regulations are very complex.
    My understanding was a handgun had to go from dealer to dealer.
    This is ATF's website for regs.
    www.atf.treas.gov/regulations/27cfr178.pdf
    Takes a while to download.
    Gino quote:
    · Share on FacebookShare on Twitter
  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    Then I pay to get fingerprinted and file an appeal.

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
    · Share on FacebookShare on Twitter
  • EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    bullelk,

    There is absolutely nothing in the Federal regulations that requires a handgun to be shipped from FFL to FFL. They can be shipped from nonlicensee to FFL and In some cases from FFL to nonlicensee. There are even cases where they can be shipped from nolicensee to nonlicensee. Of course, state laws will prevail.
    · Share on FacebookShare on Twitter
  • bullelkbullelk Member Posts: 679 ✭✭✭✭
    edited November -1
    EOD Guy,
    The handgun laws are very touchy. It's been almost 6 years since I've had my FFl for 20 years, and I always tried to go by the book, which meant constantly looking up the laws for any catches in it. You have to remember when reading in a paragraph, sometimes they refer to firearms or rifles & shotguns. I think, when they refer to firearms, that includes both,long guns and handguns. The following section of FFl regs. is,
    (sec. 178.29, Out-of-State aquisition of firearms by non-licensees)
    No person , other than a licensed dealer, shall transport into or receive in the State where the person resides, any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this:
    (a) Shall not preclude any person who lawfully aquires 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 rifle or shotgun obtained from a licensed dealer in a State other than the transferee's State of residense in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of sec.178.96(c).
    Let me know how you make this out. Have we got any lawyers out there?
    Gino

    If All Else Fails, Read The Directions
    quote:
    · Share on FacebookShare on Twitter
  • bullelkbullelk Member Posts: 679 ✭✭✭✭
    edited November -1
    ref44 & EOD Guy
    You guys were right. I called the ATF office in Boston today and the agent confirmed it. I'm sorry if I created any confusion. Better to be safe than sorry.
    Gino

    "If All Else Fails, Read The Directions"
    · Share on FacebookShare on Twitter
Sign In or Register to comment.