Selling to / shipping to resident of same state?

J

johnsonmd1

Inactive
Might be the wrong forum to post this in, mods please move if I've fouled up. My question is has anyone bought or sold a firearm from or to the resident of the same state and shipped it directly to them, rather than going through a FFL? It has been my understanding, which is confirmed by researching the ATF website (see below), that firearms may be shipped (USPS for long guns, common carrier for handguns) directly to the buyer. I'm debating on purchasing 2 handguns from another VA resident, but would prefer to skip the transfer fee if possible. Any comments/opinions?

http://www.atf.treas.gov/firearms/faq/faq2.htm#b7

(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]
 
If the distance was prohibitive to both of you meeting halfway, I guess I would give some thought to shipping it straight to him. Saying that, I'm not sure how FedEx or the USPS would react when I answer the question of " are you shipping this to a dealer", which is always asked of me anyways. I have heard these places get a little antsy if your not shipping to a dealer. And since you are talking handguns, the USPS is not an option for you.

Here, if you have 2 guns shipped to you or vice versa, your looking at having to wait a week between purchases since your buying two handguns, or at the very least, the FFL has to file some sort of special form for multiple gun purchases, or something like that. Along with that, one usually has to pay anywhere from $15-$40 dollars for a transfer. I myself pay $25, but on a 2 gun deal I might get a little better rate.

Another factor I would consider is if I knew the guy personally, if not I would feel like I wanted to cover my butt as much as I could and ship to an FFL. In my experience, I have always been one to do the meeting halfway thing, that way I can get his info, and he can get mine, and I bypass the transfer fees and paperwork. Plus I get to meet a fellow shooter and see the countryside a little bit.
 
Well, I have a VA concealed permit, so the 30 day rule doesn't apply to me. Thanks for the advice, I'll offer to the seller to send him copies of my personal information (DL, CWP, any additional info) and we'll see how this goes. Thanks again gentlemen.
 
I always understood that only long guns could be sent to another person intrastate. Handguns must always go through a dealer.

The ATF link doesn't clarify.

I would be careful dealing with handguns. Call and ask a dealer.
 
Well the seller declined. In so many words, the person wanted a paper trail showing ownership transferred to myself (and wanted verification that I'm able to possess said firearms). The ATF link seemed pretty clear to me, but I'm just a dumb AF officer. I've got a feeling the seller hasn't been selling long enough (or at a gun show) to realize that there are no restrictions on Virginia sales.

I'm disappointed in the websites gunbroker.com and gunsamerica.com. Sometimes it seems that the deal would be good, but once you add on shipping and transfer fees as well as the time required to go through the process, it just doesn't seem worth it. I'll be going to a gun show this weekend, should find something I'm looking for there.
 
There is nothing wrong with the seller or the buyer to want a paper trail of some sort. I have always typed up a Bill of Sale and ask for a person's DL number, phone number, address, etc.. If he has a Firearm Purchase Permit, although not required, I will jot that info down too. This is what I do when doing a FTF deal outside of a FFL. When using an FFL, obviously you have gone through those channels of paperwork. On the rare occasion I have bought something without any paperwork at all, is say from someone I have known for a long time...coworker, relative, friend, etc..

One does need to be careful when buying online, even here or other gun boards. One must factor in that extra $50-$75 in shipping and transfer fees when doing a purchase online. To me though, normally, it's about a wash when I compare those fees with say paying sales tax. Of course the best deal is a private transaction, but those are getting harder and harder to come by.

Good Luck!
 
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