Handi Rifle Purchase

[smokepole06]

Hey guys, I need to know something. If you sell a Handi and it ships to an FFL, does it have to be shipped from one? If it is bought from a person, not store.

[myarmor]

Is the person you are buying from in the same state as you?




-Aaron

[fr3db3ar]

Not necessarily.  It depends on what the FFL you're shipping to accepts.

[smokepole06]

myarmor ,
No. Out of state to SC. I am looking to buy, have a FFL to recieve, wanted to know what to expect on their end, what legal, etc. Never bought unless it was face 2 face.

[myarmor]

I too would like the clairifing of this question. In my experience it has to be shipped from FFL to FFL if it's out of state, in state may be different. I have heard of some that have shipped from their door to an FFL dealer for the transition and paperwork. Unless you are shipping back to the factory or to a gunsmith..again I am not 100% sure on that last one either.
I am glad you posted this question as it's excellent legal info everyone needs to know. I did have the link for the ATF page directly for this but my computer crashed 

[mechanic]

Legally if it crosses state lines it is supposed to ship from an FFL, to an FFL.  It is also illegal to do face to face across state lines, but that is obviously done all the time.  


http://www.atf.gov/firearms/faq/faq2.htm#a5

[myarmor]

Thats the one Mech, thanks

[AtlLaw]

Legally if it crosses state lines it is supposed to ship from an FFL, to an FFL.  It is also illegal to do face to face across state lines, but that is obviously done all the time.  

http://www.atf.gov/firearms/faq/faq2.htm#a5

Is this the section you are referring to Ben?

B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

[AtlLaw]

That cite just says you have to get the firearm from a dealer in your state of residence.  So the question then becomes "who can ship interstate to a dealer?"

Again from your source:

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


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]

That's as far as I'm going to get into this question since the rule of GBO is FFL to FFL.   

[trotterlg]

GB says if you buy it from this board it must go FFL to FFL.  If you buy it from any other site then it can go from an individual to a FFL who will transfer it to you.  Some FFL's will not accept shipment from an individual, just shop around and you will find one that will accept shipment from an individual.  Inside the state you are in, the state laws apply, but the feds are out of the loop unless it is a hand gun.

Go here to read the rules you self, I have made errors before, it may surprise you what you can do legally.  In this state I can just box up a shotgun or rifle and ship it USPS, say, to Quick who lives in the same state.  Larry

http://www.atf.gov/firearms/faq/faq2.htm#a5

[LONGTOM]

I just had this conversation with a FFL dealer this week about accepting out of state firearms from private people
.
He said "as long as the out of state person sends a copy of his drivers license along with the shipment and he (the FFL dealer) returns a copy of his FFL to the out of state person then it is legal".

I don't know, just what he said.


LONGTOM

[45-70.gov]

the post office  wants both lisences

[trotterlg]

The post office cannot ask you what is in the package.  Larry

[spooked]

Legally if it crosses state lines it is supposed to ship from an FFL, to an FFL.  It is also illegal to do face to face across state lines, but that is obviously done all the time.  


http://www.atf.gov/firearms/faq/faq2.htm#a5

Would probably hold true fer pistls though..
Not trying to start a flame but it doesn't read completely that way.

"A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. "

[trotterlg]

Spooked:  You are right, people try to make this thing a lot more restrictive than it is.  Just read the rules, don't tell anyone more than they need to know and don't be paranoid about things, never give up any right you have, or let anyone take even a tiny bit from you.  If you had to send a rifle from and to a FFL then you could never send a H&R back to the factory directly.  Larry

[quickdtoo]

Before someone gets their self in trouble here, I suggest you read the classified rules, the second red paragraph to be exact, shipping firearms advertised in GBO Classifieds must be done FFL to FFL when done across state lines, if anyone disagrees with that, they'd best keep their thoughts to themselves lest they become ex-GBO members, this is Graybeard's forum, his rules apply. 

Tim



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