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Legal to transfer out of state?


Guest drv2fst

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Guest drv2fst

I have a Saiga 308 AK that I want to give to my cousin in Alabama. Do we both have to arrange the transfer through our local dealers?

Is it legal for me to just meet him somewhere FTF and just give him the rifle?

Thanks

Kirk

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Guest bkelm18

Since you are both residents of different states, it must go through a FFL on his end. You can ship it to his FFL yourself or you can have your local dealer to do it. Either way, you can't just meet up and give it to him.

Forgot to add, you can also meet up at your cousin's local dealer in Alabama, and they can transfer it for you if you don't want to ship.

Per ATF:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

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]

Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(:)(3), 27 CFR 478.29 and 478.30]

Edited by bkelm18
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