Can I transfer a handgun to a visitor from Minn.?

[bucnball]

Can I sell/transfer a pistol to a visitor from another State ? Of course, it's a private sale but I don't want to incur a liability..What's the best procedure ? Go through an FFL licensed retailer ? The purchaser is visiting E TN & wants to buy local because he can't find this pistol in MN. Thanks !

[Erik88]

The only way for you to legally sell a handgun to someone from another state is to have it shipped to an FFL in his/her home state.

[56FordGuy]

All out of state transfers must go through an FFL. I believe there are some exceptions for family members, but as a general rule if it's not a TN resident you must go through an FFL.

I don't know if you can buy a handgun out of state, he may have to go through a MN FFL which would mean having to ship the pistol up there regardless of his visit.

[peejman]

Handguns must go through an FFL in the buyer's state of residence.  Long guns can be transferred by an FFL either here or there, though you may get some static from one here. 

You can loan an out-of- state visitor a firearm for "sporting purposes" within the state for an indefinite length of time. 

[monkeylizard]

As stated above, interstate handgun transfers must pass through an FFL in the buyer's state. There isn't an exception for family members.

The exception is an inheritance. An interstate inheritance of firearms does not have to pass through an FFL in either the deceased of recipient's state (NFA items have a Form 5 tax-free transfer in this case).

ETA: I don't see why ya'll couldn't meet here in TN, have the buyer look it over, etc. and decide if he wants it. If so, you'd then ship it to his FFL in MN. I don't see why you couldn't get paid on the spot when the deal is done, as long as he doesn't take possession of it. That would be no different than any other out of state seller waiting for a check to clear before sending the firearm to the buyer's FFL. Does anyone know of a reason why that wouldn't work?

Edited November 15, 2016 by monkeylizard

[bucnball]

Thanks for the enlightenment ! Will send item to his local Sporting goods dealer subject to approval. Am really Pleased & Impressed with the prompt response from  TGO ! Thanks Again !

[bud]

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Edited April 26, 2017 by bud

[graycrait]

Better make sure that relative feels he can pass a background check because he will have to when he goes to pickup that handgun from an FFL in MN. I believe, as a seller, to a resident of another state you have to follow the laws of both states or in this case MN might come a knockin on your door. 

 

https://dps.mn.gov/divisions/bca/bca-divisions/administrative/Pages/firearms-permit-to-purchase-transfer.aspx

http://gun.laws.com/state-gun-laws/minnesota-gun-laws

[bersaguy]

Back about 8 years ago I was selling a Mac 10 with 2 magazines and a buyer from Minnesota was the buyer and I shipped it to an FFL dealer of his choice once I received payment and transfere was smooth with no issues. Only problem with all was I had to drive about 40 miles to ship it because UPS has a rule that only a main hub can ship firearms,. Local stores and branch hubs cannot ship them.......................

[DaveTN]

I could be wrong, but I don’t think the law requires the transfer take place in his state. I think it only requires that the transfer does not violate the law of either state. (Which is why many dealers won’t do it.)

[Smith]

I could be wrong, but I don’t think the law requires the transfer take place in his state. I think it only requires that the transfer does not violate the law of either state. (Which is why many dealers won’t do it.)

No. It has to be in his state.

[monkeylizard]

^^^ This. Must be at an FFL in the buyer's state.

[Oh Shoot]

1 hour ago, DaveTN said:

I could be wrong, but I don’t think the law requires the transfer take place in his state. I think it only requires that the transfer does not violate the law of either state. (Which is why many dealers won’t do it.)

True with long guns. Can be done through FFL in any state actually, as long as doesn't violate law of the state in which the transfer occurs, or the laws of either the transferer or transferee. But as you mention, no FFL is required to do it.

But handguns and "other firearms" (receivers, PGO shotguns, whatever), can only be transferred by FFL in state of the recipient.

- OS

Edited November 15, 2016 by Oh Shoot

[Oh Shoot]

6 hours ago, monkeylizard said:

As stated above, interstate handgun transfers must pass through an FFL in the buyer's state. There isn't an exception for family members.

Correct. And no different for a "gift" instead of "sale". They are both "transfers", and that's what counts.

 

Quote

The exception is an inheritance. An interstate inheritance of firearms does not have to pass through an FFL in either the deceased of recipient's state (NFA items have a Form 5 tax-free transfer in this case).

Correct. And it can be by intestate succession too, meaning not specified in a will.

 

Quote

ETA: I don't see why ya'll couldn't meet here in TN, have the buyer look it over, etc. and decide if he wants it. If so, you'd then ship it to his FFL in MN. I don't see why you couldn't get paid on the spot when the deal is done, as long as he doesn't take possession of it. That would be no different than any other out of state seller waiting for a check to clear before sending the firearm to the buyer's FFL. Does anyone know of a reason why that wouldn't work?

Sure, nothing wrong with that. No different than buying a handgun online from or in person at any out of state vendor. You pay the money up front and the vendor ships the firearm to your FFL.

It's not a "transfer" until the recipient takes possession and leaves with it.

- OS

Edited November 15, 2016 by Oh Shoot