Private (unlicensed party) transfer to out of state FFL

Private (unlicensed party) transfer to out of state FFL

This is a discussion on Private (unlicensed party) transfer to out of state FFL within the FFL Dealer Discussion forums, part of the Related Topics category; This is probably a stupid question, but I just don't want to assume anything. I know the ATF is clear that if an unlicensed person ...

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Thread: Private (unlicensed party) transfer to out of state FFL

  1. #1
    New Member Array b2arms's Avatar
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    Private (unlicensed party) transfer to out of state FFL

    This is probably a stupid question, but I just don't want to assume anything. I know the ATF is clear that if an unlicensed person wants to transfer a handgun to an out of state resident the person may directly ship a firearm to an FFL within the recipients state without needing to go thru an FFL in his/her own state. My question though, is when the person lives near the border to the state he is transferring, can the person drive the firearm to an FFL within that state themselves or does it need to go thru the postal system of some sort (whether it be USPS or private company)?
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    VIP Member Array paulinsf's Avatar
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    Quote Originally Posted by b2arms View Post
    ...does it need to go thru the postal system of some sort (whether it be USPS or private company)?
    As far as using USPS to mail a handgun, the ATF has this to say about that: NO!

    https://www.atf.gov/firearms/qa/may-...postal-service

    May a nonlicensee ship a firearm through the U.S. Postal Service?

    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.

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    Only an FFL can use the USPS to ship a handgun. As to driving the gun to the transfering FFL there's no federal law I'm aware of prohibiting it.
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    There is nothing saying you "have" to ship it but you would be very much advised to contact the FFL you plan on doing the transfer with and making sure they will do business with an out of state person directly. FFLs don't "have" to take all business and anytime they are the least bit unsure about an out of the ordinary (for them) transfer they usually will error on the side of covering the butts which I can't blame them.
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    This is a question I have as well.

    If a private buyer that is an out-of-state resident (ie buyer is NOT a resident of my state of residence) wants to purchase my private firearm in a private sale, and the buyer is not an FFL and I am not an FFL.... can I drive my gun that I will be selling to the out-of-state resident to an out-of-state FFL, or MUST the gun be mailed to the out of state FFL (my in-person delivery to the out-of-state FFL is NOT permitted)?

    The bit that I have dug up, including earlier in this thread SEEMS to indicate that driving and delivering it to the FFL in the buyer's state of residence would be acceptable (providing all other federal and state firearms laws are observed). However, other things I read seem to state that to be ABSOLUTELY sure, they recommend that an FFL in your state of residence MAIL the gun to the out-of-state FFL.

    I did find this from the ATF: https://www.atf.gov/file/58681/download

    "An unlicensed individual may transfer firearms directly to FFLs operating in any State."

    To me, reading "may transfer firearms directly" means I can either ship myself (unlicensed individual) directly to the out-of-state FFL, OR I can drive/deliver in-person the firearm to the out-of-state FFL.

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    You may physically deliver the firearm to the FFL, OR, ship via UPS or Fed Ex directly to the FFL. Only FFLs may use the USPS. In any case, I would first contact the prospective FFL and chat with them about fees, delivery etc. if you prefer to ship etc.
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    Quote Originally Posted by NC Bullseye View Post
    There is nothing saying you "have" to ship it but you would be very much advised to contact the FFL you plan on doing the transfer with and making sure they will do business with an out of state person directly. FFLs don't "have" to take all business and anytime they are the least bit unsure about an out of the ordinary (for them) transfer they usually will error on the side of covering the butts which I can't blame them.
    ^^^^^ This! Where I previously lived there were only about four FFLs locally who would provide transfers of handguns. None of the four would accept a handgun from a non-licensee directly. They would only accept one from another FFL. The one I used explained for the transfer profit amount, it simply wasn't worth the risk of accepting a firearm from someone he didn't know personally. Different FFLs have different policies. So it would be wise to contact the potential transferring FFL to see what their policy is for either shipping or direct transfer.
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    Any reasonable FFL is going to err on the side of caution; they will not stay in business long if they do otherwise.
    So who is this Will that everybody fires at, what did he do, and how come he's not dead yet??

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