Requirement for selling handgun to someone from another state?

[david j]

This question is asked for ftf transaction and having to ship to a ffl for someone out of state. He is willing to drive to meet to pick up my gunbroker sale. Just want to know the laws on this. I don't think its legal to sell to someone out of state ftf as long as I don't leave indiana? Explain please ingo on all you know.

 

[ATM]

Handgun deal must be transferred via FFLs if you are not both Indiana residents.

 

[westfork]

handguns MUST be transferred through an FFL. if the buyer has an FFL lined up in their state that FFL might accept shipment of the handgun directly from you, but some FFLs won't do this. if that is the case you will need to ship it UPS or FedEx next day service. the most legal/straightforward thing to do is locate an FFL in your area who will ship it to the FFL on the buyer's end who will complete the transfer.

long story short - unless you are both residents of indiana the transaction needs to go through FFLs.

 

[alwalker84]

Just ship it parcel post...no biggie. Media mail will save you a couple dollars though...Woot! Lol

 

[gund]

Just ship it parcel post...no biggie. Media mail will save you a couple dollars though...Woot! Lol

...

Please don't do that.

 

[david j]

Just ship it parcel post...no biggie. Media mail will save you a couple dollars though...Woot! Lol

And ima put "this is a gun" I dare you to open it " on the outside of the box.......

U silly man....

 

[Michiana]

Just ship it parcel post...no biggie. Media mail will save you a couple dollars though...Woot! Lol

Only licensed dealers can ship a handgun using the the USPS and it must be to another dealer. The licensed person also has to fill out a USPS Form 1508 and bring it to the post office with the package. I would not advise a non licensed individual attempting to mail a handgun; prison is not worth saving a couple dollars.

 

[2cool9031]

If I were to gift a handgun to my son who lives in another state. Would it have to go through an FFL.?

 

[NateIU10]

If I were to gift a handgun to my son who lives in another state. Would it have to go through an FFL.?

Yes

 

[Michiana]

If I were to gift a handgun to my son who lives in another state. Would it have to go through an FFL.?

Yes, it is the shippment of the handgun, not who it is going to.

 

[MoTown]

And ima put "this is a gun" I dare you to open it " on the outside of the box.......

U silly man....

You sir, are clearly joking.

OP, make sure when you send it Parcel, you write on the package "This is NOT a gun".
That way, they won't be suspicious

 

[NateIU10]

Yes, it is the shippment of the handgun, not who it is going to.

This confuses me. It's illegal to give a gun to another non-resident in a FTF also. I think I'm just not getting what you mean on this one?

 

[Michiana]

Hope this clears it up

This confuses me. It's illegal to give a gun to another non-resident in a FTF also. I think I'm just not getting what you mean on this one?

He asked the following question; If I were to gift a handgun to my son who lives in another state. Would it have to go through an FFL.?

A non licensed individual cannot ship a handgun across state lines to another non licensed individual. They can ship it back to a factory for repair. Non-licensed can ship to a FFL; FFl can't ship to a non-licensed individual.

Why do you think sites like Gunbroker tell the buyes to get their FFL lined up before their final bid? It is the act of shipping the gun to an non-licensed person, not who it is being shipped to. Brother, son, mother, doesn't matter. I believe you can ship it to yourself if you are going hunting in another state as long as you are the one receiving the firearm on the other end.

 

[NateIU10]

He asked the following question; If I were to gift a handgun to my son who lives in another state. Would it have to go through an FFL.?

A non licensed individual cannot ship a handgun across state lines to another non licensed individual. They can ship it back to a factory for repair. Non-licensed can ship to a FFL; FFl can't ship to a non-licensed individual.

Why do you think sites like Gunbroker tell the buyes to get their FFL lined up before their final bid? It is the act of shipping the gun to an non-licensed person, not who it is being shipped to. Brother, son, mother, doesn't matter. I believe you can ship it to yourself if you are going hunting in another state as long as you are the one receiving the firearm on the other end.

Ah, I was looking at it from the aspect of actually gifting the gun to the person is an illegal act in of itself, not from the shipping aspect. So if he wanted to gift it in person, it's illegal just the same, not just from a shipping point of view.

 

[Hornett]

So if he wanted to gift it in person, it's illegal just the same, not just from a shipping point of view.

I am not so sure.

From the NRA website

[SIZE=+1]Sales Between Individuals[/SIZE]
An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.


Yeah that helps...
First they say you can't then they say it's exempt if it's a bequest.
Where's that lawyer guy?

 

[NateIU10]

I am not so sure.

From the NRA website

[SIZE=+1]Sales Between Individuals[/SIZE]
An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.


Yeah that helps...
First they say you can't then they say it's exempt if it's a bequest.
Where's that lawyer guy?

If it's part of your will (bequest of the deceased) or distributed not through a will, but by an agent of their estate (intestate succession) then it doesn't apply. I assumed that since he's typing on the internet, he's not dead

 

[ATM]

I assumed that since he's typing on the internet, he's not dead

Meh, typing on the internet... voting in Chicago...

the dead do get around.

 

[Kirk Freeman]

Where's that lawyer guy?

Out getting a Subway turkey sandwhich.

What's your question?

 

[alwalker84]

 

[Michiana]

Ah, I was looking at it from the aspect of actually gifting the gun to the person is an illegal act in of itself, not from the shipping aspect. So if he wanted to gift it in person, it's illegal just the same, not just from a shipping point of view.

I believe you have to look at the laws of the state to which the gun is going. I have never been involved with this type of situation so I am only making an educated guess but I like to error to the safe side and I would work through a FFL in that state. I always suggest calling the BATF office and ask them.