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In State auction.Do I need a transfer dealer?

thesoundguy1thesoundguy1 Member Posts: 680 ✭
edited August 2002 in General Discussion
I'm considering a gun in the G.B. auction.I live in Alabama,and the seller is in Alabama.If I win this auction,will I still have to have it shipped to a local FFL?

www.waveformwear.com
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Comments

  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    The devil is in the shipping. You could probably meet the guy and make the private sale. But shipping of a firearm must be to an FFL, regardless. SORRY. THIS IS INCORRECT. SEE POST BELOW. While you may have to convince some people of this, and some may not believe you know what you are talking about, it is legal for a non-licensee to ship by common carrier a handgun or other firearm to an entitled person in-state without an FFL being involved.

    - Life NRA Member
    "If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878

    Edited by - offeror on 08/16/2002 13:00:14
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  • thesoundguy1thesoundguy1 Member Posts: 680 ✭
    edited November -1
    AW,$%@#&*&#!!!
    www.waveformwear.com
    The new wave in free expression.

    Edited by - thesoundguy1 on 08/16/2002 01:45:26
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  • boeboeboeboe Member Posts: 3,331
    edited November -1
    The seller might be an FFL, but if there are no laws in Alabama prohibiting private sales and the seller is isn't an FFL, it would probably be up to the seller to decide. I think gunbroker rules say all firearms sales must go though an FFL, but that was probably intended to apply to interstate sales. But like offeror says, there might be some mileage in completing the transaction.

    To err is human, to moo is bovine.
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  • agloreaglore Member Posts: 6,012
    edited November -1
    Slight correction is due here. A non-licensee may ship by common carrier a firearm to a resident of his/her own state or to a licensee in any state. A non-licensee may ship a firearm by mail to a resident of his/her own state or a licensee in any state. This does not include handguns. Non-licensee's are not permitted to transfer firearms to a know prohibited class of person.

    AlleninAlaska

    He who dares not offend cannot be honest.
    -- Thomas Paine



    Edited by - aglore on 08/16/2002 02:18:55
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  • TazmuttTazmutt Member Posts: 862 ✭✭✭✭
    edited November -1
    As I read the BATF rules, Aglore is correct. I have recieved guns in the mail from other in my state.
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  • thesoundguy1thesoundguy1 Member Posts: 680 ✭
    edited November -1
    O.K. It's a handgun(Browning High Power).

    www.waveformwear.com
    The new wave in free expression.
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  • leeblackmanleeblackman Member Posts: 5,303 ✭✭
    edited November -1
    I know a girl in Alabama. I was in love with her. But she moved to Alabama.

    If I'm wrong please correct me, I won't be offended.

    The sound of a 12 gauge pump clears a house fatser than Rosie O eats a Big Mac !
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  • WheelgunWheelgun Member Posts: 149 ✭✭✭
    edited November -1
    the soundguy1,

    In case you haven't already, check out this link.....

    http://www.atf.treas.gov/firearms/faq/index.htm

    These guys have the answers..... (even the ones you don't want to hear).

    Wheelgun
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  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    Looks like I steered you wrong, if I'm reading this correctly. Sorry.

    (B9) May a nonlicensee ship a firearm by carrier?

    A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]


    - Life NRA Member
    "If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878
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  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    I want to thank you for bringing this up. I don't mind saying I learned something valuable today. In fact, this means that all same-state auctions on GB can avoid involving the FFL middleman and his $20-$50 "wet-my-beak" fee for letting you write up a 4473 in his presence. I think that, unlike eBay, naming the Seller's state in every auction on GunBroker should be mandatory, for the benefit of both buyer and seller, if it isn't already. I would be MUCH MORE LIKELY to buy a gun on GB from someone in MY state knowing I can have it shipped to me direct without the extra fees. Nobody asked me for a GB survey response, but I'm in Marketing, and this is what you call a FEATURED selling point. A true benefit of same state auctioning.

    Admin, is GB taking full advantage of this information????

    By the way, I just checked some auctions in my home state, and I find them saying "must ship to an FFL in your area" with NO MENTION of "except in Indiana." I'm not sure Sellers are aware or taking full advantage of this. I wonder how many would give me static if I won an auction and gave them my own shipping address......

    - Life NRA Member
    "If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878

    Edited by - offeror on 08/16/2002 16:44:31
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  • agloreaglore Member Posts: 6,012
    edited November -1
    offeror, you would still have to go buy what the sate law says as far as transferring firearms. Not all Federal Laws supercede state laws. State laws can make federal laws a little more stringent, just can't make them a little more lax.

    AlleninAlaska

    He who dares not offend cannot be honest.
    -- Thomas Paine
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  • Shootist3006Shootist3006 Member Posts: 4,171
    edited November -1
    quote: In fact, this means that all same-state auctions on GB can avoid involving the FFL middleman and his $20-$50 "wet-my-beak" fee for letting you write up a 4473 in his presence
    As aglore says - not ALL states. Would be illegal in kalifornia not to go through a dealer (and the 10 day wait).

    Quod principi placuit legis habet vigorem.Semper Fidelis
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  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    Ahhhhhhh -- I see, said the blind man. I think the odds are pretty good in Indiana, though. I'll have to look into it. One more reason not to live behind the Kalifornia Kurtain.

    - Life NRA Member
    "If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878
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  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    By the way, I apologized too soon. We haven't answered soundguy's question at all, because none of us knows the law in Alabama. I'm a little surprised that the states can make a law governing the U.S. Postal Service, though. Seems to me what goes through there ought to be up to the U.S. Postal Service. But I suppose that makes way too much sense.

    - Life NRA Member
    "If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878
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  • agloreaglore Member Posts: 6,012
    edited November -1
    Handguns can go through the US Mail, they just have to go FFL to FFL.

    AlleninAlaska

    He who dares not offend cannot be honest.
    -- Thomas Paine
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  • bama55bama55 Member Posts: 6,389 ✭✭
    edited November -1
    Soundguy,

    Go to: http://www.atf.treas.gov/firearms/statelaws/alabama.pdf

    you will need Adobe Acrobat to read it. This is the Alabama firearms
    laws in the ATF book.

    If the seller is an FFL, and you want the HP, you should probably
    get a local dealer to receive it for you. I believe Alabama still has
    the 3 day wait even with the instant check system. Seems the
    legislature hasn't changed the state law. If he is not a dealer, you
    could probably meet him and make the purchase. If you don't want
    to read through all this, call your local gun shop and see what they
    say (if they know). Al. still has a law that everyone is supposed
    to send a letter with desc. of firearm, buyer, purchaser, etc. to the
    Director of Public Safety within 3 days of purchasing a handgun.
    I don't know anyone that has ever done it.

    Don't send flowers when I die. Send money now, I can buy more ammo.
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  • thesoundguy1thesoundguy1 Member Posts: 680 ✭
    edited November -1
    I contacted the seller,and he insisted on sending to an FFL,and he's to far away to drive, so...

    www.waveformwear.com
    The new wave in free expression.
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