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C&R/FFL needed for interstate purchases?

whipawaywhipaway Member Posts: 5 ✭✭
Let's say I want to buy a gun from someone on Gunbroker. In the description it says shipping to FFL / C&R only, but if the seller is in the same state as I am, then do I still need an FFL or C&R?
According to the BATF:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b2

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

SO, if I am interpreting this correctly, as long as the seller and buyer are in the same state, unlisenced persons may transfer firearms without FFL/C&Rs ??
Any info would be appreciated.

Comments

  • Red223Red223 Member Posts: 7,946
    edited November -1
    Just email the seller in question.


    They could refuse to sell to someone other than a FFL if they so desired in a same State sale. Some States like Commiefornia require all boomsticks to be tranferred thru a Federally Licensed seller.
  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    What state are you in?
    Besides the state I'm in.........confused. [:D]
  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    Whipaway- assorted state laws not withstanding- IF the SELLER has a FFL, and they are in your home state, you will need to visit them to make the transfer AT THEIR LICENSED PREMISES- and do the paperwork. If they are NOT a FFL/ C&R, and you are both in the same home state- then yes, you can make the buy without going thru FFL- just as if you bought it from a newspaper ad. IF the seller is willing to do that.
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