Selling a rifle to someone out of state?

M

MagicMan

New member
Do I just ship it to their FFL as you would a pistol or can I just ship the rifle directly to them? The state it's being shipped to is IN.
 
Unless it's C&R eligible, then it can go directly to them. If it were me, I'd insist on getting a signed copy of their license.

IF IT IS C&R ELIGIBLE AND THE RECIPIENT HAS A C&R FFL, THEN IT CAN GO DIRECTLY TO THEM. - TBM
 
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Make sure their FFL will accept shipments from a private party. Some (like mine) local gun shops will only accept firearms from another FFL. It's not always required, but definately something to check on :)
 
it also depends on the reason your shipping. You can legally send a rifle to yourself, care of another person, if you intend to be at that place and use the rifle for "legal sporting activity". there is no time limit in which you and the rifle have to be together.

Firearms Shipping Guide
(last updated on 12/19/2007 2:25:32 PM)

Firearms Shipping Guide



Overview
This page provides information about Federal Laws, step that must be followed, and notes on using specific shippers when shipping firearms. This page is oriented toward the seller of an item. If you need information about how to buy a firearm through GunBroker.com, please refer to our Buyer's Tutorial.
This page contains information oriented toward persons shipping firearms within the United States. For sellers located outside the United States, please see our Import / Export Page.


Shipping Legalities
Federal Law requires that all modern firearms be shipped only to a holder of a valid Federal Firearms License (FFL). The recipient must be have an FFL; however the sender is not required to have one. Any person who is legally allowed to own a firearm is legally allowed to ship it to an FFL holder for any legal purpose (including sale or resale).
Here is exactly what the ATF 'Federal Firearms Regulations Reference Guide' (ATF P 5300.4) says:
(B9) May a nonlicensee ship a firearm by carrier?
A nonlicensee may ship a firearm by 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) and 922( e), 27 CFR 178.31]

B8) May a nonlicensee ship a firearm through the U. S. Postal Service? [Back]
A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns 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.

'Antique' firearms need not be shipped to a licensed dealer. These can be shipped directly to the buyer. An antique firearm is a firearm built in or before 1898, or a replica thereof. The exact ATF definition of an antique firearm is:
Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

Knives, air guns, accessories, and most gun parts need not be shipped to an FFL holder. We say most gun parts because each firearm contains at least one part that the ATF considers a firearm. This part is typically the part that contains the serial number. This part must be treated as a complete firearm when shipping the item.

Ammunition must be clearly identified as 'Small Arms Ammunition' on the outside of the box. Some shippers treat ammunition as dangerous or hazardous materials.

The section of the US Code that governs modern firearms is called Commerce in Firearms and Ammunition (CFA). This code is available online at: www.atf.treas.gov/regulations/27cfr178.html

When in doubt, we suggest arranging for transfer through a licensed dealer. Violation of the CFA is a felony and penalties for violation of it are severe.


Federal and State Law Resources
The Bureau of Alcohol, Tobacco, and Firearms (ATF) has a very comprehensive site containing information about the various Federal and state laws regulating firearms. Please refer to the ATF information for legal questions regarding firearms.
ATF Home page: http://www.atf.treas.gov
ATF Compilation of the various state laws: http://www.atf.treas.gov/firearms/statelaws/22edition.htm
ATF Firearms Division Main Page: http://www.atf.treas.gov/firearms/index.htm

Shipment by Unlicensed Persons
Any shipper who does not have a Federal Firearms License (FFL) is considered to be an 'unlicensed person'. This section contains information on how unlicensed persons can ship firearms. If you have an FFL, please skip to the next section for shipping suggestions.
The most important thing to know is that you must only ship guns to a licensee. If the buyer is not a licensed dealer, he will have to make arrangements with a dealer in his state to ship the item to.

Before you ship a gun, the buyer must fax or mail you a copy of the licensee's signed FFL license. You can only ship the gun to the address on the license. You must inform the carrier that the package contains a firearm. Of course, the firearm cannot be shipped loaded; ammunition may not be shipped in the same box. You should take the copy of the signed FFL with you when you take the item to be shipped in case the shipper wishes to see it.

Notes on specific shippers:

US Mail: An unlicensed person can ship a rifle or shotgun by US Mail. Unlicensed persons cannot ship a handgun by US Mail. Postal regulations allow the Post Office to open your package for inspection. Ammunition cannot be shipped by US Mail. You can search the US Post Offer Postal Explorer site for specific USPS regulations regarding firearms and ammunition.

FedEx: FedEx will only ship firearms via their Priority Overnight service. Ammunition must be shipped as dangerous goods.

UPS: UPS will accept handgun shipments by Next Day Air only. Rifles and shotguns can be shipped by UPS ground service. UPS will accept shipments of ammunition. UPS does not allow shipment of firearms FROM an unlicensed person (even to an FFL), unless the stated reason for the firearm shipment is for repair or modifications.

Most other shippers will no longer accept firearm shipments. Airborne and Roadway have specifically prohibited firearm shipments.


Shipment by Licensed Persons
Any shipper who has a Federal Firearms License (FFL) is considered to be a 'licensed person'. This section contains information on how licensed persons can ship firearms. If you do not have an FFL, please see the previous section of this page for for shipping instructions.
Since licensed persons are responsible for knowing the law, we are going to assume that you already understand the CGA and know the applicable Federal, state, and local laws.

Notes on specific shippers:

US Mail: Licensed manufacturers, dealers, or importers may ship a rifle, shotguns, or handguns by US Mail. In fact, we suggest that you use the USPS as it is now the most cost-effective way to ship a handgun. To ship a rifle or shotgun, you need only inform the Post Office that the package contains a firearm. A licensed manufacturer, dealer, or importer can ship a handgun</> via the US Post Office if the licensed dealer fills out a US Post Office Form PS 1508 and files it with the local Post Office branch where the handgun is to be shipped. You can search the US Post Offer Postal Explorer site for specific USPS regulations regarding firearms and ammunition.

FedEx: FedEx will only ship firearms via their Priority Overnight service. Ammunition must be shipped as dangerous goods. NSSF members can sign up for a discount of up to 26% on FedEx shipments.

UPS: UPS will accept handgun shipments by Next Day Air only. Rifles and shotguns can be shipped by UPS ground service. UPS will accept shipments of ammunition.

Most other shippers will no longer accept firearm shipments. Airborne and Roadway have specifically prohibited firearm shipments.


Notes on USPS Firearm Regulations
We recommend that you read the Post Office regulations on Other Restricted or Nonmailable Matter before shipping a firearm through the US Mail.
The following info comes from the USPS Regulation DMM Issue 54, January 10, 1999, section C-024

Page C-39, section 3.0, Rifles and Shotguns: "Although unloaded rifles and shotguns not precluded by 1.1e and 1.2 are mailable, mailers must comply with the Gun Control Act or 1968, Public Law 90-618, 18 USC 921, et seq., and the rules and regulations promulgated thereunder, 27 CFR 178, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the gun is unloaded and not precluded by 1.1e."

Page C-39, section 6.0, PROHIBITED PARCEL MARKING: "For any parcel containing a firearm or a ballistic or switchblade knife, any marking that indicates the contents is not permitted on the outside wrapper or container."

The following pertains only to licensed dealers shipping handguns:

Page C-37, section 1.3, Authorized Persons: "Subject to 1.4, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer of firearms, or an authorized agent of the federal government......."

Page C-38, section 1.5, Manufacturers and Dealers: "Handguns may also be mailed between licensed manufacturers of firearms and licensed dealers of firearms in customary trade shipments, or for repairing or replacing parts."

Page C-38, section 1.6, Certificate of Manufacturers and Dealers: "A licensed manufacturer or dealer need not file the affidavit under 1.4, but must file with the postmaster a statement on Form 1508 signed by the mailer that he or she is a licensed manufacturer or dealer of firearms, that the parcels containing handguns (or major components thereof) are customary trade shipments or contain such articles for repairing or replacing parts, and that to the best of his or her knowledge or belief the addressees are licensed manufacturers or dealers of firearms."
 
I'm following this thread, and it has gotten my curiosity up. What if I wanted to send a rifle to an old friend as a birthday gift? He lives in another state, so can I send it directly to him, or would I have to send it to a local gun shop to hold for him to pick up?
 
I'd love to hear the conversation (in NJ of all places!!!!) when you tell them you're shipping a firearm.
 
I'm following this thread, and it has gotten my curiosity up. What if I wanted to send a rifle to an old friend as a birthday gift? He lives in another state, so can I send it directly to him, or would I have to send it to a local gun shop to hold for him to pick up?
Click to expand...

You can either take it to an FFL in either state who can transfer it to him directly, or ship it to an FFL in his state. WRONG. IT MUST GO THROUGH AN FFL IN THE RECIPIENT'S STATE OF RESIDENCE.
http://www.atf.gov/firearms/faq/faqindex.htm

(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)]
(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]
Click to expand...
 
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You can either take it to an FFL in either state who can transfer it to him directly, or ship it to an FFL in his state.
Click to expand...
wrong.
YOU can legally ship the rifle to an FFL in his state.
An FFL in your state cannot legally transfer the rifle to him.
You can legally ship the rifle to yourself in his care to hold till you get there to hunt or shoot.
 
Unless it's C&R eligible, then it can go directly to them.
Click to expand...

Only if they have a C&R FFL. If the buyer doesn't have a C&R FFL, then it doesn't matter if the gun itself qualifies, you can't send it directly to them.

Any interstate transfer of a firearm needs to involve a FFL in the receiving state.

The only exception is when a person is purchasing a long gun from an FFL in another state, and then both sets of state laws apply, with the most restrictive being applicable. For example, MO has a "contiguous border" law, so I can buy a long arm in a state that touches MO. I cannot buy one in Alaska (assuming that AK would even allow it).

If you as the seller or the buyer does not have an FFL, then it has to go through somebody with one.
 
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