Question on selling handgun out of state

R

Rich Jone

Inactive
This is a question I recently encountered. I (private law abiding citizen)wanted to sell a handgun out of state. The FFL dealer
for the buyer insists that I should have my gun shipped through an FFL in my city to him. I said "NO" since I will have to
incur a $20.00 fee. He indicates that I am breaking the law. I told him to go to the "frequently asked questions" (FAQ's) on
the ATF websight, question #B9. He refused to even check the websight. I called him a MORAN. Much profanity was
exchanged. Is he wrong or am I wrong?

Here's the websight: http://www.atf.treas.gov./pub/fire-explo_pub/qa.pdf

All answers would be appreciated. Thanks in advance.


------------------
 
There is a real gray area that is perceived by a lot of dealers concerning the legality of selling and shipping handguns across state lines by unlicensed individuals.

Although it seems it would be legal as long as you, an unlicensed individual, correctly received a copy of the receiving dealer's FFL, with an original signature, and retained it in your personal records indefinitely (something not mentioned in the question/answer you cited), none of the dealers I know will accept gun shipments from anyone except an FFL holder. They do this to protect themselves from a BATF that constantly changes it's mind about what is legal and what is not.

You could always add the $20 to the price. I always do. I always ship dealer to dealer and the buyer pays the fees or we don't deal.

I can't imagine a dealer using so much profanity at being called a MORAN ;) - now if you had said he was a MORON, that might be worth a good cussin'! :eek:

Mikey
 
He is absolutely wrong. I have gone through this before myself.

What state are you selling it into? There may be a state law but I doubt it.

If you have not shipped it yet I would suggest your buyer find another FFL for the transfer.

My feeling on this is that once someone has taken this sort of stance you will not turn them around.

Sorry to be pessimistic but my experience with one of these idiots has soured me.

Tom
 
If you use the post office,the transfer must be from ffl holder to ffl holder. If you use ups or fedex,a non ffl holder may ship to a ffl holder. However,an ffl holder can not ship to a non ffl holder.

hope this helps.
 
What about States like Vermont which has no permitting process? Can I sell a pistol to someone there without all the paperwork or an FFL?
Just curious.

R
 
Rome: The requirement to involve an FFL is federal law, not state, and it dates back to the Gun Control Act of 1968. If you do not live in Vermont, then yes, you would still have to go through a Vermont FFL to sell a handgun to a Vermont resident. Jared
 
No one should be insulted by being called a Moran, as in the great western painter Thomas Moran.
 
Monsieur BoparNutHunter,

Ah, it saddens me to find that you wouldn't trust the advice of your buddy that led you to the ATF webpage.

Rich, if you ask me real nice I will tell you the name of a shop, right by the guys house, that you can transfer to.

That is if you feel you can trust me on this information. :)

P.S. Lets not drag out the old song and dance about getting some other opinions,either. We both know you are just addicted to solicitation.
 
I am planning to ship a handgun from St. Louis, MO to Glen Ellyn, IL. I will probably ship the gun to another FFL dealer. Like the old saying goes: YOU CAN'T FIX STUPID".


Another point the potential buyer told me about this FFL. Apparently, my buyer had a gun shipped to this FFL in Glen Ellyn, IL once before (from an individual from out of state). It just so happens that the magazine was missing from the gun when he went to pick it up.
The first thing out of the FFL's mouth was: "Hey, I didn't steal the magazine".
The seller luckily was gracious enough to send another mag free of charge to the buyer.

So watch out for an FFL in Glen Ellyn, IL. I cannot post the idiot's name since I might be sued for slandor. The butthead just might do something like that.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Rich Jone:
This is a question I recently encountered. I (private law abiding citizen)wanted to sell a handgun out of state. The FFL dealer
for the buyer insists that I should have my gun shipped through an FFL in my city to him. I said "NO" since I will have to
incur a $20.00 fee. He indicates that I am breaking the law. I told him to go to the "frequently asked questions" (FAQ's) on
the ATF websight, question #B9. He refused to even check the websight. I called him a MORAN. Much profanity was
exchanged. Is he wrong or am I wrong?

Here's the websight: http://www.atf.treas.gov./pub/fire-explo_pub/qa.pdf

All answers would be appreciated. Thanks in advance.
[/quote]

This is a common misconception, but there only needs to be an FFL on the receiving end. You can ship a firearm, either a handgun or rifle, to a FFL in any state for "any lawful purpose". A lawful purpose is him doing a transfer to someone else. There is no reason to have an FFL handle it on your end, that's just extra money.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Rich Jone:
This is a question I recently encountered. I (private law abiding citizen)wanted to sell a handgun out of state. The FFL dealer
for the buyer insists that I should have my gun shipped through an FFL in my city to him. I said "NO" since I will have to
incur a $20.00 fee. He indicates that I am breaking the law. I told him to go to the "frequently asked questions" (FAQ's) on
the ATF websight, question #B9. He refused to even check the websight. I called him a MORAN. Much profanity was
exchanged. Is he wrong or am I wrong?

Here's the websight: http://www.atf.treas.gov./pub/fire-explo_pub/qa.pdf

All answers would be appreciated. Thanks in advance.
[/quote]

This is a common misconception, but there only needs to be an FFL on the receiving end. You can ship a firearm, either a handgun or rifle, to a FFL in any state for "any lawful purpose". A lawful purpose is him doing a transfer to someone else. There is no reason to have an FFL handle it on your end, that's just extra money.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Rome:
What about States like Vermont which has no permitting process? Can I sell a pistol to someone there without all the paperwork or an FFL?
Just curious.
[/quote]

Nope, if it crosses state lines, there has to be an FFL on the receiving end.
 
You are correct. I had this problem when I shipped a gun to a dealer in Ga. A call to the district ATF office in Atlanta complaining that they were issuing licenses to bozos who did not even know what the law was that controlled their business got the dealer a call from their local ATF agent to 'splain it to them. Hopefully a full audit was in their not to distant future. The guy is an idiot and could be one of the dealers that are giving us all a bad name by making illegal sales, since he doesn't know the law.
 
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