ANOTHER - Shipping and FFL Question

rdr1018

I recently sold a pistol through Gunbroker and went through the required legal process of verifying the blue/red ink signed FFL through EZ Check, packed/shipped it properly to the FFL address of record through a commercial carrier (UPS Overnight). I called the FFL today to verify if he received the pistol and he responded yes, but, this was illegal because it required and FFL to FFL transction. I am in the state of Maryland and I checked with State and Local laws and they are similar to the BATF laws. I am unlicensed and I understand that I am ONLY allowed to ship to a licensee in another state or to another unlicensed person in the same state (The latter I am not allowed under Maryland State Laws).Am I doing things right? or am I missing something? NOTE: The sale was to a resident of the same state, in this case MD. I did send the item to an FFL as required by law.Thanks

nunn

If his state laws require FFL to FFL transactions only, he knew it ahead of time and should have made this clear before you shipped the gun.You have the money, right?What is he going to do, send the gun back?Not likely. That would definitely be illegal under Federal law.Sounds like this is his problem now.

---

Certified SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of the General Discussion Board on Gunbroker. Visit www.gunbroker.com, the premier gun auction site on the Net! Email davidnunn@texoma.net Jesus is Lord!

rdr1018

Nunn,Thaks for the quick response, I guess my question is, am I legally in compliance by shipping the firearm to an FFL, and following all the required instructions. Yes I do have the money now.

nmyers@home.com

I am also a Maryland resident, and know the law almost as well as the troopers in the MSP Firearms Registration Section.Everything you did was absolutely, 100% legal and correct under both state and federal law. Your only error, and one which I learned through the experience of others, was not calling the receiving dealer first to make sure that HE knew the law.Call him and ask him to read the Federal Firearms Regulations Reference Guide (ATF P5300.4) page 135 (B1); this explains that it is legal for a nonlicensee to transfer a gun to a dealer in any state. All he needs from you is your name & address, which you can give him in writing or a photo of your drivers license (refer him to page 70, which shows that on his Firearms Acquisition and Disposition Record, under Receipt, that he needs "Name and address or name and license No.").Next, try calling MSP Cpl Albaugh at 410-799-0191 x321, and see if he will call the dealer and explain the law.If he still refuses to deliver the gun, ask him to check it out with the BATF. If he STILL refuses, suggest to the buyer that HE call the BATF.Neal [This message has been edited by nmyers@home.com (edited 01-03-2002).]

rdr1018

Neal,Thanks for the response. I did check with a couple of FFLs here in MD, one of them Lou Klein from Lou's Sporting Goods (has 22 years of FFL experience) and he said the same thing. That the transaction was completely legal both from a State and Federal level. He did however inform me that some licensed dealers are inexperienced and do not completely understand the law. I'll take your recommendation next time to call and verify prior to shipping.Thanks Again Ramon