Private unregistered handgun sale across state lines/ Recommended Knoxville area gun shop?

[9mmNoob]

Hello, I'm sure this question has been discussed in the past but I couldn't find any clear answers in my searches.

I have a friend in virginia who has a glock 26 that he purchased in a face to face private sale. I want to purchase the gun from him but I live here in Knoxville. Do I have to get it transfered through a FFL dealer in Tennessee or can I purchase it face to face in a private sale?

Also, I'm new to the Knoxville area when it comes to firearm purchases. I'm looking for a good store/dealer in the area to do some purchasing/trading. Anyone have any recommended dealers? I'd prefer to give my business to a local shop but I'm not apposed to a traditional retailer(basspro,gander,ect...)

Thanks!!!

[gjohnsoniv]

Some people better acquainted with the law might be able to say for sure, but yes, I do believe you do have to use an FFL. As for good local dealers, I like Rocky Top Armory in Seymour for all my stuff. As for transfers you would probably be fine with Coal Creek.

[Dolomite_supafly]

You must have the gun transferred to a dealer in Tennessee.

As far as a dealer to do a transfer just call around and find the cheapest. The service is going to be the same so the only other factor is cost.

Dolomite

[Mykltn]

An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. [9] Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence. [9] Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

Hope this helps.

[9mmNoob]

I'll definitely look at the Seymour shop. I'm in the south Knox area.

[Major Kong]

Bill's Outpost is my favorite gun shop in the area. It's in Alcoa. Great service, friendly people, good selection. I'll personally drive past all of the Knoxville gun shops to get there. If you want to have something built, Predator Customs is fantastic. If you happen to be military or LEO Craig's Firearms in Seymour has the best prices around on Glocks.

[Tennjed]

Just to clarify, wouldn't his friend first have to transfer it to a lic.ffl in VA then the ffl transfers it to TN? His friend could not drive to knoxville and have the transfer done all at one time could they?

Edited September 14, 2012 by Tennjed

[Oh Shoot]

Just to clarify, wouldn't his friend first have to transfer it to a lic.ffl in VA then the ffl transfers it to TN? His friend could not drive to knoxville and have the transfer done all at one time could they?

He can bring the gun here in person, no prob. You both go to a FFL and have it transferred.

He can also mail it himself to the FFL in the receiving state, no need to go through FFL in the shipping state.

Always need to check with receiving FFL first though, some don't take non FFL shipments, even though it's legal to do so.

- OS

Edited September 14, 2012 by OhShoot

[Oh Shoot]

Bill's Outpost is my favorite gun shop in the area. It's in Alcoa. ...

Mine too. $20 + 10 TICS. They make it quite painless, except for the 30 clams of course.

- OS

Edited September 14, 2012 by OhShoot

[TMF]

Just to clarify, wouldn't his friend first have to transfer it to a lic.ffl in VA then the ffl transfers it to TN? His friend could not drive to knoxville and have the transfer done all at one time could they?

No, but a lot of guys I know will ship through their FFL. I don't know the ATF rules, but a local FFL I tried to use would not take shipment from a private seller (although it is legal) because they said it required additional paperwork and was a pain to track. I don't know how true that statement was; maybe he just didn't want to do it.

[Tennjed]

Thanks for clearing that up for me

[9mmNoob]

Bill's Outpost is my favorite gun shop in the area. It's in Alcoa. Great service, friendly people, good selection. I'll personally drive past all of the Knoxville gun shops to get there. If you want to have something built, Predator Customs is fantastic. If you happen to be military or LEO Craig's Firearms in Seymour has the best prices around on Glocks.

Thanks!!! I've heard good things about Bill's. I'll definitely drop in sometime.

[GoneBallistic]

+ 1 more on Bill's. I've made several purchases there. Great service, great mom and pop atmosphere. I always try to keep my business local.

[Smith]

No, but a lot of guys I know will ship through their FFL. I don't know the ATF rules, but a local FFL I tried to use would not take shipment from a private seller (although it is legal) because they said it required additional paperwork and was a pain to track. I don't know how true that statement was; maybe he just didn't want to do it.

There's no extra paperwork. Problems arise when there is an issue with the gun, shipping, or some other issue and the FFL gets stuck in the middle. It's a no win if there is a problem because the propensity of the customer getting scammed can be high and then the FFL is stuck with a gun he can't transfer, return, or sale. Technically when the gun is transferred in it belongs to the FFL until it is transferred out.

When it's transferred from an FFL, if there is an issue it can simply be returned to the sending FFL. That can't be done with an individual and the receiving FFL tends to end up being the bad guy.

[TMF]

There's no extra paperwork. Problems arise when there is an issue with the gun, shipping, or some other issue and the FFL gets stuck in the middle. It's a no win if there is a problem because the propensity of the customer getting scammed can be high and then the FFL is stuck with a gun he can't transfer, return, or sale. Technically when the gun is transferred in it belongs to the FFL until it is transferred out.

When it's transferred from an FFL, if there is an issue it can simply be returned to the sending FFL. That can't be done with an individual and the receiving FFL tends to end up being the bad guy.

I get all that. The guy I spoke to said that was their store policy due to a requirement the ATF had to document shipments from private sellers differently than if it came from an FFL, which is their justification for not accepting shipments from private sellers. To paraphrase what the guy said: "The only way it would make sense would be to charge people an extraordinary amount to do the transfer and we don't want to do that to people so we simply will not take private shipments." This was at a local gun store that a few of the site members work at. This is why I have to drive 40 minutes to do one, since the other place in town that does transfers will never see a dime of my money.

[Chucktshoes]

<br /><br />I get all that. The guy I spoke to said that was their store policy due to a requirement the ATF had to document shipments from private sellers differently than if it came from an FFL, which is their justification for not accepting shipments from private sellers. To paraphrase what the guy said: "The only way it would make sense would be to charge people an extraordinary amount to do the transfer and we don't want to do that to people so we simply will not take private shipments." This was at a local gun store that a few of the site members work at. This is why I have to drive 40 minutes to do one, since the other place in town that does transfers will never see a dime of my money.

<br /><br />Yeah, the only difference between in documenting a shipment from a private seller is that in the log book you write the seller's name an address from the copy of their ID that they send with the gun instead of writing the business name and address from the copy of the FFL that is sent with the gun.<br /><br />The guy at the gun store was just making stuff p to justify a store policy. Edited September 15, 2012 by Chucktshoes

[lacon]

Illegal? Yep. But how is anyone who cares going to know? Are you going to buy it, then go to the ATF & file a report on your friend?

Just saying.

[Patton]

The ATF would probably never know, but it is illegal. It's a class E Felony to be exact. If you ever used the gun in self defense there may become the question of where you got it and how it came from xxxxx gun shop in VA to TN.

[Guest MAWLJ45]

An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. [9] Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence. [9] Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

Hope this helps.

What if it was given as a gift rather than sold?

[Oh Shoot]

What if it was given as a gift rather than sold?

Doesn't matter. Only exception for private interstate ownership tranfer is inheritance. Slight disadvantage is, donor must be dead!

A handgun may also be rented or loaned for "temporary use for lawful sporting purposes"; though "temporary" is not defined, it doesn't really technically apply for self defense purposes I'd think.

- OS

Edited September 22, 2012 by OhShoot

[jtmaze]

This seems as good a place as any to ask this. I have been meaning to start a thread to find out but what about a case of inheritance. I have a friend at work that inherited several guns from his father that recent passed away and he knows I am a gun guy and asked. This inheritance includes several long guns and at least 1 handgun. I told him that the long guns were good to go and get but the handguns were different. Does the executor of the will have to ship to a ffl here and transfer.

JTM

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[Patton]

^Inheritance is fine but he would it would be best to go pick them up himself otherwise all of them will need to be shipped to a FFL. Even long gun transfers across state lines is a no go.

[Oh Shoot]

This seems as good a place as any to ask this. I have been meaning to start a thread to find out but what about a case of inheritance. I have a friend at work that inherited several guns from his father that recent passed away and he knows I am a gun guy and asked. This inheritance includes several long guns and at least 1 handgun. I told him that the long guns were good to go and get but the handguns were different. Does the executor of the will have to ship to a ffl here and transfer.

All firearms are excepted in case of inheritance, not just long guns. The handguns do not have to go to FFL either.

The federal law is quite unspecific beyond that.

The trouble you'll have is that UPS and FedEx will not ship guns over state lines except to license holders, and you can't ship handguns through USPS. You are indeed supposed to notifiy carrier by federal law of any gun shipment NOT going to a license holder. And though it's not federal law, UPS and FedEx both require notification for all firearm shipments according to their TOS. And depending on what idiot clerk you get at USPS, they might not even send rifles interstate if you inform.

From "18 U.S.C. § 922 : US Code - Section 922: Unlawful acts", the private interstate transfer prohibiton does not apply to:

"....the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence..."

- OS

Edited September 22, 2012 by OhShoot

[jtmaze]

He was planning on going to get the rifles. He has guns here and goes back to visit about twice a year. He can just pick them all up. Thanks for the info.

JTM

Sent from my iPad using Tapatalk

[TGO David]

Illegal? Yep. But how is anyone who cares going to know? Are you going to buy it, then go to the ATF & file a report on your friend?

Just saying.

Warning issued to member for this post. As stated in our code of conduct, advocating illegal activities will not be tolerated here. While I cannot force every gun owner to hold themselves to a higher standard 24/7, I can certainly ensure that what is posted on this forum represents a higher standard than this.