Out of State Buyer for Private Sale (Rifle)

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QB
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Out of State Buyer for Private Sale (Rifle)

Postby QB » Fri Mar 03, 2017 11:02 pm

I am selling a rifle and a resident of Florida, in town for a week on business, wants to purchase it. I want to meet at my FFL's place of business and have him transfer the gun to the buyer. My FFL says he can legally do so but I just can't find anything in writing that says it's legal. My FFL should know but I'm a bit paranoid and don't want to do anything illegal (neither does the buyer, who has a Florida CHL by the way).

Is my FFL correct, I can sell the rifle to the Florida resident, at my FFL's place of business and my FFL can then transfer the rifle to him??? At worse case I guess I can show the buyer the rifle, collect the money and then have my FFL ship to the buyer's FFL in Florida, but why pay shipping if it's legal to sell face to face at my FFL's shop?

Thanks
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Oldgringo
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Re: Out of State Buyer for Private Sale (Rifle)

Postby Oldgringo » Fri Mar 03, 2017 11:10 pm

AFAIK, you can sell a legal long gun to anyone at any place of your choosing.

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Re: Out of State Buyer for Private Sale (Rifle)

Postby carlson1 » Fri Mar 03, 2017 11:12 pm

You can sale a long gun to the resident of another State, but not a handgun. After you hand it off the the FFL it will be up to the FFL to do the right paper work. :thumbs2:
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Re: Out of State Buyer for Private Sale (Rifle)

Postby Scott B. » Fri Mar 03, 2017 11:19 pm

From the ATF FAQ.

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]


https://www.atf.gov/firearms/firearms-f ... te-firearm

Years ago it was a contiguous state thing, but that was done away with in the 80s.
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Re: Out of State Buyer for Private Sale (Rifle)

Postby QB » Fri Mar 03, 2017 11:28 pm

Ok, looks like I'm good to go then...........THANKS for the responses.
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Re: Out of State Buyer for Private Sale (Rifle)

Postby The Annoyed Man » Sat Mar 04, 2017 1:33 am

I don't know if this helps or not, but I bought a rifle on GunBroker.com from an FFL in PA, who had to ship it to my FFL here in TX. I had to fill out the 4473 at my FFL.
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Re: Out of State Buyer for Private Sale (Rifle)

Postby Liberty » Sat Mar 04, 2017 7:19 am

Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?
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Re: Out of State Buyer for Private Sale (Rifle)

Postby dhoobler » Sat Mar 04, 2017 8:27 am

It is not legal. If a firearm changes ownership across state lines, it must go through an FFL. I have a letter from ATF stating this. It does not matter if the transaction is face to face. It only matters that ownership is changing.
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Re: Out of State Buyer for Private Sale (Rifle)

Postby dhoobler » Sat Mar 04, 2017 8:34 am

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

A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residencce. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may 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)(5) and 922(d); 27 CFR 478.30, 478.32]
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Re: Out of State Buyer for Private Sale (Rifle)

Postby parabelum » Sat Mar 04, 2017 10:10 am

Love the bureaucracy. By the logic of this, and other, Federal infringements on our Constitutional Rights, one could be absurd and suggest that special paperwork should be filled out and submitted before two residents from different States are allowed to speak with one another.

After all, you should need "this" form filled out before you can excercise your 1'st Amendment! :rules:
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Re: Out of State Buyer for Private Sale (Rifle)

Postby Oldgringo » Sat Mar 04, 2017 10:20 am

Liberty wrote:Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?


For a legal long gun, yes.

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Re: Out of State Buyer for Private Sale (Rifle)

Postby ScottDLS » Sat Mar 04, 2017 11:18 am

Oldgringo wrote:
Liberty wrote:Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?


For a legal long gun, yes.



FFL must be involved if residents are from two different states. And the states have to allow it too. Florida and Texas do.
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Re: Out of State Buyer for Private Sale (Rifle)

Postby Oldgringo » Sat Mar 04, 2017 12:35 pm

ScottDLS wrote:
Oldgringo wrote:
Liberty wrote:Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?


For a legal long gun, yes.



FFL must be involved if residents are from two different states. And the states have to allow it too. Florida and Texas do.


Well, hmmm?


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Re: Out of State Buyer for Private Sale (Rifle)

Postby TreyHouston » Sat Mar 04, 2017 4:55 pm

Easy, you went to the FFL to process the transaction. You took the money, gave the FFL his fee and weapons and he in turn gave it to the buyer. Sounds like your in the clear regardless! :mrgreen:
Last edited by TreyHouston on Sat Mar 04, 2017 5:00 pm, edited 1 time in total.
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Re: Out of State Buyer for Private Sale (Rifle)

Postby Oldgringo » Sat Mar 04, 2017 5:10 pm

I once sold a CZ 452 to a guy in Kalifornia and did ship the rifle to his FFL. I thought that was just a Kalifornia gotcha.

Well, I guess one is never too old to learn? I've got a Model 12 and another CZ 452 that's going on the market before long, I'll keep this in mind. :tiphat:


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