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Question about selling a long gun


Andyshowfan

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Posted

This may have been asked already but, can I sell a long gun FTF to someone in a bordering state such as Alabama? I have a mosin listed here, but as a building inspector I come in contact with a great number of people out of state. Long story short the plumbing foreman is interested in the rifle, but I've told him I can't sell it to him due to being from Alabama. I am now rethinking my response to him due to being in my local gunshop and seeing a flyer on the wall that long guns can be sold to a number of other states, Alabama was on this list. Let me know if I can or where I can find the info. Thanks in advance.

Charlie

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Guest bkelm18
Posted (edited)

Only FFLs can transfer long guns to out of state residents. Individuals cannot.

Edited by bkelm18
Guest dubaholic2
Posted

you can sell it to him, but legally you would have to go through an ffl to have it transfered to him.

Posted

Do up a Bill of sale with both your names, addys, make and S/N also make a copy of his drivers license or any picture ID and you should be good to go. Both of you also sign the Bill of sale.

Posted
Do up a Bill of sale with both your names, addys, make and S/N also make a copy of his drivers license or any picture ID and you should be good to go. Both of you also sign the Bill of sale.

Do not do this. A bill of sale is fine if you feel the need for in state transfers, but I would do things by the book on out of state transfers. The only legal way is an FFL transfer.

Posted
Do not do this. A bill of sale is fine if you feel the need for in state transfers, but I would do things by the book on out of state transfers. The only legal way is an FFL transfer.

DON'T do either, call the ATF and get the Agent's name and ask them the question. These rules change quite often so it's your best bet to CYA. I did have a FFL for 20+ years but turned it in a while back.

Good Luck

Guest bkelm18
Posted
DON'T do either, call the ATF and get the Agent's name and ask them the question. These rules change quite often so it's your best bet to CYA. I did have a FFL for 20+ years but turned it in a while back.

Good Luck

Um... there's no need to call the ATF... it's pretty clear... to sell any firearm to an out of state individual, it must go through a FFL on their end.

Posted
You can't sell FTF to someone who lives in another state.

I thought this only applied to handguns. I could be wrong.

Sent from my MB860 using Tapatalk

Guest bkelm18
Posted
I thought this only applied to handguns. I could be wrong.

Sent from my MB860 using Tapatalk

Applies to long arms as well. Only an FFL can transfer a rifle to a non-resident.

Guest bkelm18
Posted

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

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]

Posted (edited)

You can't even legally GIVE a gun to a resident of another state without going through FFL of recipient's state, let alone SELL one.

However, you can LOAN one.

edit: to be precise, a long gun can be transferred in any state, assuming the FFL chooses to do it and it's not against state law.

- OS

Edited by OhShoot
Posted

You can send it from your home to the FFL in his state, though (not so for pistols, just long guns). I think all it requires is a photocopy of your ID included in the package. Just got a LW lower sent to me from a guy in NC that way.

Posted
You can send it from your home to the FFL in his state, though (not so for pistols, just long guns)....

Perfectly legal for an individual to ship a pistol to a FFL in another state, don't know where you got that info.

Otherwise you couldn't even send one in for repair.

- OS

Posted

My brother sold a pistol to a guy he knew in Virginia, but he was told by a gunshop owner that it had to go through a FFL on both ends... I wonder why he said that, then?

Posted
My brother sold a pistol to a guy he knew in Virginia, but he was told by a gunshop owner that it had to go through a FFL on both ends... I wonder why he said that, then?

Cannot imagine he was misinformed

Posted
My brother sold a pistol to a guy he knew in Virginia, but he was told by a gunshop owner that it had to go through a FFL on both ends... I wonder why he said that, then?

Maybe the receiving dealer was one of those that won’t accept guns from anyone but another FFL. But that’s his choice; not the law.

Posted
You can't even legally GIVE a gun to a resident of another state without going through FFL of recipient's state, let alone SELL one.

However, you can LOAN one.

- OS

Really? I've never heard about loaning being covered in ATF regs.

Guest bkelm18
Posted
Really? I've never heard about loaning being covered in ATF regs.

It's in the regs I quoted earlier in this thread.

Posted (edited)
DON'T do either, call the ATF and get the Agent's name and ask them the question. These rules change quite often so it's your best bet to CYA.

Federal laws haven't changed regarding transfer since 1968, if you want to call that "quite often".

Really? I've never heard about loaning being covered in ATF regs.
It's in the regs I quoted earlier in this thread.

And be sure to read the actual law to satisfy yourself. At least one of the quick BATF "faqs" is incorrect (re notification to carrier).

- OS

Edited by OhShoot
Posted

My head hurts reading through this thread. Federal law is pretty clear. Any interstate transfer of a modern firearm must go through an FFL (there is an exception related to inheritance). If a handgun, it must go through an FFL in the recipient's state of residence. As noted earlier, many FFLs will accept a shipment only from another FFL -- and it may actually be cheaper since FFLs can ship handguns via USPS, far cheaper than methods available to the rest of us. Long guns can be transferred by an FFL in any state (I think it used to be only adjacent states), provided the gun is legal in the recipient's state. Some states have more draconian laws that also would have to be adhered to -- it literally takes months to legally buy a handgun in New York or New Jersey. Requirements for transfers between residents of the same state (except NFA items, of course) are entirely up to the state, assuming the recipient isn't prohibited.

Posted (edited)
... Long guns can be transferred by an FFL in any state (I think it used to be only adjacent states),...

Was never a federal law, only state -- AFAIK there are two or three states where this is still true.

- OS

Edited by OhShoot

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