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out of state transfers on any firearm
bountyhunter101
Member Posts: 149 ✭✭✭
I need to here from an FFL. Can someone sell across state lines person to person without an FFL being involved? From what I have seen it is illegal. The laws are a mess. I am not doing the transfer, but I am seeing this happen on a couple of places.
Thank you.
Thank you.
Comments
Also, in the case of an INHERITED firearm, the Executor of the estate can send the gun directly to the recipient as long as he can legally own that gun in that state. (Many dealers miss that one)
Requirements are spelled out in Title 18, US Code, Section 922.
To transfer ownership of a firearm across a state line, it must go TO a FFL in the home state of the recipient. A couple of exceptions- Firearms made in 1898 or earlier are antiques. Muzzleloaders that use loose powder and ball are also antiques, regardless of age. THOSE do not need to go to a FFL.
Also, in the case of an INHERITED firearm, the Executor of the estate can send the gun directly to the recipient as long as he can legally own that gun in that state. (Many dealers miss that one)
Requirements are spelled out in Title 18, US Code, Section 922.
I called a gun dealer across the border in Maine and asked him if I could buy a rifle at his store and bring it home with me to my home state NH and he said yes... A rifle but not a hand gun.
I need to here from an FFL. Can someone sell across state lines person to person without an FFL being involved? From what I have seen it is illegal. The laws are a mess. I am not doing the transfer, but I am seeing this happen on a couple of places.
Thank you.
some states allow you to buy/sell a long gun only, i.e. shotgun or rifle, across state lines, if the buyer drives into your state, and buys it FTF, but I would not recommend it, because it carries some inherent risk
handgun don't even think about it, it's most likely a felony punishable by a hefty fine and jail sentence
also, you can't ship a modern long gun by common carrier, i.e. UPS, USPS, FedEx, across state lines directly to a non-FFL buyer, unless it's an antique pre-1898 or muzzleloader/replica.
you would be well advised to have an FFL transfer done, even if the buyer comes to your house to pick it up- because doing so, relieves you of any legal or civil liability down the road, no matter what happens with that firearm, be it a crime, accident, defect- it is like the FFL sold him the gun, and the FFL has immunity.
it's a cheap insurance policy and the buyer pays it, and in my home state the transfer is only $20 so why take chances.
My local FFL does transfers on any/all firearms that accept cartridges of any type, if they are purchased out of the area, and are shipped to his shop. It's just smart business practice, because something like an old Mauser 1888 Commission rifle can be loaded with modern 8x57 ammo and explode in the shooter's face.
doing the transfer, logging it in the books at the FFL, protects the seller and the FFL dealer.
not to mention, it also weeds out possible buyers who are not legally allowed to own firearms, and are trying to circumvent the law by purchasing antique cartridge firearms. They would fail the background check. It would be better to have the sale fall through, then sell a firearm to someone who's a felon, period- for all parties involved, and the general gun owning public.