Help me sell a firearm: Florida to Minnesota
This is a discussion on Help me sell a firearm: Florida to Minnesota within the General Firearm Discussion forums, part of the Related Topics category; I went out with a friend tonight who had a buddy visiting from Minnesota. After a great dinner we finally got to the point of ...
August 21st, 2010 02:11 AM
Help me sell a firearm: Florida to Minnesota
I went out with a friend tonight who had a buddy visiting from Minnesota. After a great dinner we finally got to the point of firearms. He is young, like I am (27), and is a firearms collector. I informed him that I was selling a pistol, stated the price, and immediately he told me that he wanted to buy my pistol.
I am located here in Florida, and he is a resident of Minnesota. I was hoping that you fine people here at DC could help me in the lawful steps of selling him my pistol. In the state of Florida, they are very lenient when it comes to private sales. But I want to take every precaution necessary to sell to a resident of Minnesota.
Thank you so much.
PS - He is going back to Minnesota in 2 days, and would like to take it with him. I told him that I had to research all the laws before I could do anything. He is very understanding, and wants to make it perfectly comfortable for me
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August 21st, 2010 02:11 AM
August 21st, 2010 09:13 AM
FFL to FFL. Locate one near where he lives. If he's in the twin cities, try Roger at http://www.bvpistol.com/. The act of sale and the act of shipment should be separate actions; complete the legal sale first, ship afterward so that the purchaser is shipping his own firearm from point of sale to local authorized FFL.
IMHO you should absolutely not sell him the firearm while he is in a state other than Minnesota. He should place the order from his home state and receive the firearm from an authorized FFL in his home state. Private sales are complicated by interstate commerce acts and other Federal laws.
In Minnesota, it is completely legal to sell your firearm to another individual provided that person can legally purchase. Often, we ask to see a Minnesota Permit to Carry as proof that the person can legally own before completing a private sale. What the laws are in Florida I leave to you.
My .02 for the little that it's worth.
August 21st, 2010 09:28 AM
The only lawful way for you to transfer a pistol to a resident of another state is through an FFL (unless he has an FFL himself). Any other method places you both at risk of felony charges.
Originally Posted by claybreaker0
There is no way for him to take it with him without violating the law.
So, you need to arrange to ship the gun to an FFL near his home, where he will need to do the whole background check, etc. You'll need to find a gun shop near his home that does transfers. Ask the shop if they accept shipments from private parties. Many gun shops will only accept a gun shipped to them from another FFL. In that case, you'll need to find one here to ship the gun to an FLL up there.
I am not an attorney, and I am not qualified to give legal advice. I am relaying what I know from personal experience and from Jon Gutmacher's book on Florida firearms law.
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August 21st, 2010 09:31 AM
Anything other than this is illegal. Has to be a FFL transfer. You have to send it to an FFL in Minn. and they will transfer it to him. Unless something has changed or law is different in Florida, you don't need an FFL involved on your end. You can send your personal firearm to any FFL in the country as long as it's done by overnight UPS or Fedex. To protect yourself though you need to have the receiving FFL send you a copy of his license. If your really worried than by all means do an FFL to FFL transfer. Should only cost you another $25 or so.
IMHO you should absolutely not sell him the firearm while he is in a state other than Minnesota.
"Those who would give up essential liberties for a little temporary safety deserve neither liberty or safety" -Benjamin Franklin-
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August 21st, 2010 11:13 AM
Absolutely go through a FFL. The reason Florida laws seem lenient to you is because a transfer between residents of the same state has no special requirements, except that the buyer no fall into a restricted catagory. However transfers across state lines or between residents of differing states is much different. You could ship the firearm to a dealer in Mn. who is willing to accept shipments from individuals and he could transfer it to your friend after his return home.
Something else to consider is all carriers require firearms to be shipped overnight, so this would add about $100 to the cost of the transaction.
There is one way around this legal morass, convince your friend to relocate to Fl. After he meets the state residency requirements, you could sell it to him directly.
"First gallant South Carolina nobly made the stand."
Edge of Darkness
August 21st, 2010 11:43 AM
The above answers are correct. State to state must go through an FFL. Here is ATF's answer from their FAQ. An unlicensed person is one without an FFL and a licensee is a holder of a Type 01 (Dealer) FFL. GCA is the Gun Control Act. A licensed collector is a holder of a Type 03 (Collectors of Curios and Relics) FFL and is not a dealer.
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
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August 23rd, 2010 05:33 PM
Like other members stated, it must go through an FFL.
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August 23rd, 2010 10:30 PM
Correct, you will need to use a FFL in Minnesota.
Someone recommended Roger at Burnsville Pistol - great choice. If he's up on the north side of town and wants someone closer, Bullseye Shooters Supply in Lake Elmo charges $15 for a Transfer.
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