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Another gun sale question.
Can you drive a gun to another state and sell it to a legal resident of that state, Given that private sales are legal there? Can someone provide a reference to their answer as well. I'm not having much luck.
Errrrrrrrrrrrrrrr
Haw haw haw?..
I'm not a lawyer, nor do I play one on tv....but my understanding is that if they cross state lines, it's federal jurisdiction and governed by federal law. Heard that active military is granted the equivelant of being a state citizen where stationed, and I have also heard that family ties make for different rules as well but overall I would have to say...NO, you can't private party sale to another state you have to go through an ffl.
(Would have also added that what people don't know won't hurt them but you did post on a public forum :P)
as far as i know you can buy a gun out of state and drive it home but you cant drive a gun across state lines with the intention of selling unless you have a c&r or an ffl
short answer no. long answer below
http://www.atf.gov/firearms/faq/faq2.htm#b1
B. UNLICENSED PERSONS
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]
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]
(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]
(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
Shipping Methods:
B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]
A nonlicensee may ship a firearm by a common or contract 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), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
I do believe it's perfectly legal for you to drive your gun into another state and take it to a local FFL there and have him transfer it to the buyer (instead of shipping it) ... but its just out of the ordinary enough that I bet most FFLs wouldn't be comfortable doing it (plus shipping it is likely cheaper).
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"Everything the State says is a lie, and everything it has it has stolen.
-Friedrich Nietzsche
"Every time something really bad happens, people cry out for safety, and the government answers by taking rights away from good people."
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A World Without Guns <- Great Read!
A couple of questions. Long gun? Bordering state? Bottom line is, don't do it if your not sure. Why the hell would you drive to another state to sell a gun? To make an extra 50 bucks and spend 100 bucks in gas?
Family.Originally Posted by Colorado Luckydog
Errrrrrrrrrrrrrrr
Haw haw haw?..
if its family then im pretty sure you can give it to a relative as a gift .but you might need an ffl still .
Jordan, NO!! Being a bordering State would make absolutely no difference either as the Federal law still prevails.
The post made by car-15 pretty well covers it for you.
Providing you transport it in a legal condition (some States require the firearm to be broken down,unloaded, in a case and locked in a separate compartment - like in Illinois), you could possibly take it to an "AGREEABLE" FFL in the state where you want to transfer it and that FFL, can run it through his books to make the transfer legal - after the required background check is completed. That FFL will most likely require payment for his service. If that FFL takes it and enters it into his bound book as required, and the intended recipient does not pass the background check, the FFL would have to have YOU fill out the 4473 and do a background check on you for you to get your own gun back. If you are talking handgun and NOT a long gun, the FFL couldn't return it to you directly (if the intended recipient failed the background check) but would have to ship it to a FFL here in your home State where you'd have to go through all the paperwork again for your own gun.
Sad but true.
OK, now who's going to be the first to tell me that I'm full of crap on this one?
Same applies for family also. Only other legal way, that I am aware of, is when the firearm is bequeathed to someone (due to death) and then no FFL or 4473 crap would be necessary providing the recipient is legally able to accept/own the firearm and the firearm type is allowed in his State.
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