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Posted
Selling a shotgun on gunbroker.

The guy who won the auction is coming to TN from Florida this afternoon.
The handover has to be done through an FFL, correct?
Posted (edited)

Yep.

 

 

https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

 

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]

Edited by monkeylizard
Posted (edited)

Pretty sure it has to go through an FFL in the buyer's state. A TN FFL wouldn't do any good.

 

 

https://www.atf.gov/content/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]


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]

 

No, a long gun can be purchased and processed out of state.  A handgun has to be processed in the home state of the buyer.  I buy guns at Whittaker's in KY all of the time.  Long guns are ok, handguns are not.

 

I suppose the only caveat could be that the dealer isn't "selling" it, but rather just doing a transfer.  I think either way it is ok, but maybe call an FFL close to you and ask if they would do it.

Edited by Hozzie
  • Like 2
Posted

No, a long gun can be purchased and processed out of state.  A handgun has to be processed in the home state of the buyer.  I buy guns at Whittaker's in KY all of the time.  Long guns are ok, handguns are not.

 

This was my understanding as well.

  • Like 1
Posted (edited)

No, a long gun can be purchased and processed out of state.  A handgun has to be processed in the home state of the buyer.  I buy guns at Whittaker's in KY all of the time.  Long guns are ok, handguns are not.

 

Yeah, I realized my mistake right after posting it. I have corrected my post above. :up:

 

I knew long guns from an out of state dealer were OK if bought in person, but for some reason I thought that only applied to firearms sold by the out of state FFL, not a private sale going through an FFL in the seller's state. I don't know why I thought that.

Edited by monkeylizard

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