General Categories > General Firearm Discussion

Selling out of state

(1/2) > >>

Hermit:
OK, here's my question.  I mentioned an interest in selling one of my guns (a rifle) on an internet message board.  Someone who lives in MO expressed interest in it, and he sent me a money order in the fall.  Now that the weather is nicer, the plan is for me to drive down to MO, he meets me in a location in MO (where he resides) and we do a face to face transfer, private party to private party.  I have recently become somewhat nervous about this (not because of the buyer, he's not a prohibited person by any means, he owns several other guns, so I know he's ok) but with the across state lines part.  I know that if I were /shipping/ the gun to him, I'd have to ship it to an FFL for a 4473 fill out and transfer etc...but what about a face to face transfer, in the buyer's state of residence?  I looked at the ATF faq and found this: https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

Q: To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?

    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]

It seems to me, that since we will be meeting in Missouri, the buyer's state, I'm ok to transfer the rifle...but I can't find anything that explicitly says that doing so is OK, face to face.  Neither of us are FFLs.  Does anybody know if I'm ok to go to MO and transfer the rifle face to face, or should I just skip the face to face part and ship to his FFL of choice?

barmandr:
If you do a FTF sale with him, you are violating fed law.  It is considered to have crossed state lines and must be transferred via FFL.  If you were both residents of the same state, you would be ok, but you aren't.  Therefore, it is not allowed.  The key text is in the first reg you posted..."A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law."

whatsit:
I thought long guns were ok to buy in other states. It's handguns that are the no-no and have to go through an FFL in your state. Am I wrong?

barmandr:
You can buy from a licensed dealer in another state, but you can't sell to someone in another state which you are not a resident of, unless the buyer is also a license holder.  This is what covers it...

"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"     and

"A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law."

Licensee means FFL holder.  So to recap...

"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 (FFL's) premises in any State"

and

"A person may sell a firearm to an unlicensed resident (non-FFL holder) of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law."

whatsit:
Ah. Ok.

Navigation

[0] Message Index

[#] Next page