Let's keep this alive.
Why not? Where are the regs, state or federal, that prohibit F2F transactions by the end users of a firearm just because the users hail from different states of the Union?
18 U.S.C. § 922(b)(3) makes it unlawful for an FFL to sell or deliver a firearm to a person he or she knows does not reside in the State in which the FFL’s place of business is located.
18 U.S.C. § 922(a)(5) makes it unlawful for an individual to sell or deliver any firearm to any person outside of the state in which the seller resides.
18 USC § 922 - Unlawful acts | LII / Legal Information Institute
18 U.S.C. § 922 : US Code - Section 922: Unlawful acts
(a) It shall be unlawful -
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;
Word! That's funny right there.Shortest thread ever.
end/thread
Must the handgun be shipped though? If someone within a reasonable driving distance brings the gun to an FFL in my neighborhood (all licenses to transport/carry being followed) can the FFL do the transfer?
I'm going to thread jack with a very similar topic!
What does the law say about rifles?
My grandpa is going to sell me his .30-30, but he lives out of state, West Virginia to be more specific.
The law says "any firearm".
I can type better now that I'm on a real keyboard...
When dealing with firearm transfers between residents of differing states, an FFL MUST be used to complete the transfer.
WHERE that FFL holder physically is is the difference between long guns and handguns.
With a handgun, the FFL holder must be in the buyer's state of residence.
With a long gun, the FFL holder MAY be in the seller's state OR the buyer's state.
But here is where there is some confusion: Generally speaking, if your state borders another state, then the long gun transfer can be done in either the buyer's or seller's state of residence. BUT - each individual state's laws can put the kibosh on that if they so choose. ALSO - and depending on what state the seller is in, you MIGHT be able to legally do the transfer in the seller's state even though it doesn't share a border. (I'm pretty sure I've read on here where an IN resident has purchased a rifle/shotgun at...oh...say the Cabela's in Caspar, WY)
The short of it is that ALL LEGAL firearms transfers between residents of differing states MUST utilize an FFL holder and a 4473 filled out by the buyer.
It gets mushy from there due to state laws allowing/disallowing different things.
-J-
...EDIT: I meant to say, can i purchase/transport the weapon back to Indiana first, then hit up the FFL, or do i need the FFL first, then purchase and transport?
This is WONDERFUL to know! Thank you! So, let me make sure i understand this concept. I can buy the rifle from my grandpa and transport it back to Indiana, ONLY if i go to my local FFL and fill out this 4473 form. Basically the whole transaction is illegal until that 4473 form is filled out. Is this correct??
EDIT: I meant to say, can i purchase/transport the weapon back to Indiana first, then hit up the FFL, or do i need the FFL first, then purchase and transport?
Very valid points yes, but here is where it gets VERY tricky! My grandparents live in the boondocks of extreme southern WV. I have NO idea where a FFL would be around there, and more than likely, my grandpa would not be willing to go find one, unless he knew of one in the area.I'd caution you against transporting the rifle on your own - without the owner present - to an FFL for the purposes of the transfer. It IS legal to borrow firearms (provided you're a legal party, etc). If it's a "face to face sale", I'd strongly suggest that BOTH of you be at the FFL for the transaction.
A) pay FFL holder the transfer fee, let them do their intake paperwork
B) fill out 4473, get it called in, get the "proceed"
C) pay seller the money
If I were wanting to stay 100% legal, I'd not have the purchased gun in my possession before I did the transfer. I mean, if you already have possession of the gun - why bother to pay $15-35 for a transfer?
-J-
Very valid points yes, but here is where it gets VERY tricky! My grandparents live in the boondocks of extreme southern WV. I have NO idea where a FFL would be around there, and more than likely, my grandpa would not be willing to go find one, unless he knew of one in the area.
How would you guys suggest i handle this?