It's been ages since I sold a firearm and I know that things have changed. Are there any specific rules for an out of state sale? I thought that I just need to send the firearm to an FFL holder, but do I need to have a local FFL send it out for me?
Any insight is greatly appreciated.
Joel
Selling a Firearm
Moderators: pilkguns, m1963, David Levene, Spencer, Richard H
Out of State Sales
The seller does not have to take firearm to an FFL holder for shipping. You can ship it yourself to the FFL holder who will process the transaction in purchaser's state.
According to BATFE Freq Asked Questions (at least how I read them), an individual can sell to another individual out of state BUT-BUT-BUT the firearm MUST be sent by seller to an FFL holder in purchaser's state.
See this link
http://www.atf.gov/firearms/faq/unlicen ... d-transfer
See questions #1 and #3. This information does not state that seller must take the firearm to an FFL holder in seller's state.
Also, once the buyer has located an FFL holder to receive the shipment and transfer the firearm, BATFE has a link which allows you to verify that the FFL license is still valid.
https://www.atfonline.gov/fflezcheck/
Glenn
According to BATFE Freq Asked Questions (at least how I read them), an individual can sell to another individual out of state BUT-BUT-BUT the firearm MUST be sent by seller to an FFL holder in purchaser's state.
See this link
http://www.atf.gov/firearms/faq/unlicen ... d-transfer
See questions #1 and #3. This information does not state that seller must take the firearm to an FFL holder in seller's state.
Also, once the buyer has located an FFL holder to receive the shipment and transfer the firearm, BATFE has a link which allows you to verify that the FFL license is still valid.
https://www.atfonline.gov/fflezcheck/
Glenn
-
orionshooter
- Posts: 172
- Joined: Fri Apr 27, 2007 11:36 am
- Location: Rocky Mountains of Colorado
Joel - DRB is correct. No need for shipper to have an FFL.
The common misconception that an FFL is required on both ends arises from the policy of most receiving FFL's - many of whom will not agree to accept a shipment from anyone but another FFL. Some just want to be ultra careful while others just buy into the misconception.
Bottom line - the law does not require an FFL on the shipping end.
The common misconception that an FFL is required on both ends arises from the policy of most receiving FFL's - many of whom will not agree to accept a shipment from anyone but another FFL. Some just want to be ultra careful while others just buy into the misconception.
Bottom line - the law does not require an FFL on the shipping end.
Check state law
IT VARIES BY STATE!
Although the BATFE says you don't need to ship from an FFL, you really need to check state law. If you (as a non-FFL) try to send a handgun to NY (for instance) the dealer is supposed to, by state law, confiscate it and turn it over the state police. Although it isn't in accord with Federal law, the dealer is NOT going to thumb his nose at the state police just to make a point. As we all know, states can and do make laws that are more restrictive than federal law. Sort of like here in PA a face-to-face transfer has to go through an FFL, even though there's no federal requirement for that.
There's some major firearms supplier in NY (forgot the name) and they routinely buy guns either for resale or to part out. On their web-site they've got a prominent notice telling potential sellers NOT to ship a handgun to them without going through an FFL.
Although the BATFE says you don't need to ship from an FFL, you really need to check state law. If you (as a non-FFL) try to send a handgun to NY (for instance) the dealer is supposed to, by state law, confiscate it and turn it over the state police. Although it isn't in accord with Federal law, the dealer is NOT going to thumb his nose at the state police just to make a point. As we all know, states can and do make laws that are more restrictive than federal law. Sort of like here in PA a face-to-face transfer has to go through an FFL, even though there's no federal requirement for that.
There's some major firearms supplier in NY (forgot the name) and they routinely buy guns either for resale or to part out. On their web-site they've got a prominent notice telling potential sellers NOT to ship a handgun to them without going through an FFL.
Some FFL's have a policy of not accepting firearms from private individuals. The ones that do usually require a photo copy of the shipping individual's driver's license, etc. After you have made the deal and the buyer designates exactly to which FFL they want to firearm shipped, simply contact the local FFL. He/ she will advise you as to the local laws and procedures that they require. Really it is no big deal.