What is the law when shipping used guns in private sales?
- Thread starter FS2K
- Start date
FS2K said:
The firearm must be received by an FFL unless the buyer is also a resident of your state. Even then, it's probably best to ship to an FFL just to cover your behind. "Why yes, Mr. ATF Man, I know the buyer was legal because he passed a background check when he picked up the gun from Blammo, Inc., which is where I shipped it." You can check to see if the guy's FFL is for real and valid here.
FS2K said:
Not legally, no. You must use a private carrier (UPS/FedEx/etc.) if it's a handgun. Long guns can go via USPS. Include a copy of a government-issued photo ID with your current physical address on it. Some FFL's will, however, insist on it coming from an FFL just to cover their butt. It is considered polite to call the buyer's FFL beforehand and ask what their policies are. Some folks get antsy when a box with a gun of unknown origin just turns up on the loading dock, and can you really blame them?
One important issue you need to consider is the preservation of the chain of ownership of the firearm if it is ever used in a crime , especially a homiside.
If you have a paper trail that the gun left your hand , legally to a new owner, whose identity you can confirm, then you may be held harmless in any litigation , which could be costly, that is a consequence of the crime.
The idea here is the C Y A approach...
My suggestion is to go through an FFL when shipping to a new owner......the $20 bucks is cheap insurance in my mind...FWIW...
If you have a paper trail that the gun left your hand , legally to a new owner, whose identity you can confirm, then you may be held harmless in any litigation , which could be costly, that is a consequence of the crime.
The idea here is the C Y A approach...
My suggestion is to go through an FFL when shipping to a new owner......the $20 bucks is cheap insurance in my mind...FWIW...
Thanks everyone.
I really appreciate the help. I just wasn't real clear on the laws concerning 2nd hand sales, especially Long Guns. In the past Long Guns didn't have to be registered here, and that changed but for awhile 2nd hand Long Guns still didn't have to be individually registered. Now EVERYTHING needs to be registered here, but I'm not sure if it's the same way with every state. Better safe than sorry I say, Thanks again guys!
I really appreciate the help. I just wasn't real clear on the laws concerning 2nd hand sales, especially Long Guns. In the past Long Guns didn't have to be registered here, and that changed but for awhile 2nd hand Long Guns still didn't have to be individually registered. Now EVERYTHING needs to be registered here, but I'm not sure if it's the same way with every state. Better safe than sorry I say, Thanks again guys!