BATFE Buying, Selling, & Shipping FAQ's
Just thought these might be helpful to those of us without a FFL who buy, sell and ship firearms.
(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.
[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
(B9) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
(B10) May a person who is relocating out of State move firearms with other household goods? [Back]
Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.
Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.
[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.31]
(B11) What constitutes residency in a State? [Back]
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]
(B13) May aliens legally in the United States buy firearms?[Back]
An alien legally in the U.S. may acquire firearms if he has a State of residence. An alien has a State of residence only if he is residing in that State and has resided in a State continuously for at least 90 days prior to the purchase. An alien acquiring firearms from a licensee is required to prove both his identity, by presenting a government-issued photo identification, and his residency with substantiating documentation showing that he has resided in the State continuously for the 90-day period prior to the purchase. Examples of qualifying documentation to prove residency include: utility bills, lease agreements, credit card statements, and pay stubs from the purchaser’s place of employment, if such documents include residential addresses.
See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921, 922(b)(3), (d) and (g), 27 CFR 478.11 and 478.99(a)]
(B14) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)? [Back]
Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.
[18 U.S.C. 922(x)]
(B15) Are curio or relic firearms exempt from the provisions of the GCA? [Back]
No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.
(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]
When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.
Best to 'Ya, :hand36: