selling handgun in Tn.?

[robert45]

I may sell a handgun I have to a person from N.C. We will meet in Tn. I will ask for I.D. and drivers license and copy. Is there anything else I need to do?

 

Robert

[cz75b]

the way i understand it unless the other person has a TN license you cant sell a pistol to an out of state resident.rifle is ok but pistols are a big no-no.

[tnguy]

Yep, you'll also need to bring your friendly neighborhood FFL to do the transfer.

Edited July 15, 2014 by tnguy

[jtmaze]

Not sure but your ffl must send it to his ffl in nc. JTM We the People of the United States, in order to form a more Perfect Union......

[xjsnake]

the way i understand it unless the other person has a TN license you cant sell a pistol to an out of state resident.rifle is ok but pistols are a big no-no.

 

Can't sell a firearm to an out of state individual without transferring it through an FFL in their state. Doesn't matter what kind of firearm it is.

[DaveTN]

Nevermind, I read it wrong.

 

Edited July 16, 2014 by DaveTN

[bubbadavis]

From http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#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(b)(3), 27 CFR 478.29 and 478.30]

[Oh Shoot]

Can't sell a firearm to an out of state individual without transferring it through an FFL in their state. Doesn't matter what kind of firearm it is.

 

To simplify Bubba's FAQ cite, and to add a detail or two they don't mention.

 

Rifles and shotguns may be transferred between non same state residents through an FFL in any state (assuming the FFL is willing to do it).

 

Handguns and any other firearm (like a lower) may only be transferred between non same state residents through FFL in the state of the recipient.

 

All private firearm sales between residents of different states are illegal for the seller wherever they occur, assuming he knows or has reasonable cause to believe the buyer is not a resident of his own state. Only becomes illegal for the buyer when he acquires it out of state and brings it back into his own.

 

- OS

Edited July 16, 2014 by Oh Shoot

[robert45]

Thank you for the input. One interested buyer says he may be coming to Pigeon Forge in a week or so, so in that case could we meet at a dealer, perhaps BassPro, and let them handle the exchange? Would that be the easiest way to go? 

  As this handgun is listed on armslist, I have received a number of interested emails. This is the 3rd email I received from a person, the 2nd one asked for more pictures. I understand his concern but also wonder if perhaps THIS person could be a scammer. I replied that he should call me first then I will send of photo with 31 cents. Thanks for input.

 

"thanks for the reply.  With all the scams on Armslist, I always ask the sellers to take a photo that proves they have possession of the gun aka " proof of life" photo.  So, can you send me a pic of the gun with one penny, one nickel, and one quarter by the gun (36 cents).  A scammer usually stops talking to me after this request.

Thanks

Jeff"

 

update:  this person called, so I am less concerned. Turns out he is from Colorado so I doubt I will be working with him.

Edited July 16, 2014 by robert45

[monkeylizard]

No. It's not OK. You have to have the transfer of a handgun done in the buyer's state of residency. You would have to travel to NC and meet him at an FFL there or ship it to an FFL there. You can not legally do the transfer in Tennessee.

 

 

You could transfer a long gun at a TN FFL to a non-TN resident, but not a handgun.

[robert45]

OK. So if the buyer wanted to see the gun in person, we could meet, transfer funds, then go the the post office and send the gun to his dealer in North Carolina?.

Edited July 16, 2014 by robert45

[monkeylizard]

Handguns can't be mailed through the USPS.

 

You can use UPS or FedEx, but both have their own quirky rules about firearms which I don't remember.

 

If you're willing to drive from Rogersville to Sevierville to make this sale happen, you may as well just go to Marshall, NC instead. It's about the same distance. There's an FFL there called Randy's Guns ((855) 466-7199) and one called Sweetwater Guns & Ammo ((828) 649-0155). I think those are closest NC FFL to you. If you just meet up at one of those and they can do the transfer and be done with it. Seems like it would save a whole lot of hassle. Just call them to see what their hours and transfer fees are and if they'll accept an in-person trade like that. Some will, some won't.

 

[shameless TGO plug]

Or you could become a benefactor here on TGO, post for sale items in the trading post, and deal with in-state residents of the highest caliber. :D

[/shameless TGO plug]

Edited July 16, 2014 by monkeylizard

[robert45]

"you could become a benefactor here on TGO"

  Good idea. I did just that. 

 

Robert