Alaska Face to Face Sale Through Third Party

[Rio Laxas]

I am an Alaska resident. I am considering selling a rifle to a resident of Alaska that lives off of the road system. I know that I could mail the rifle directly to him, but the latest revisions to the Domestic Mail Manual now requires the use of express mail in this situation, and it is expensive.

If the buyer were to pay me directly, would it be legal for me to give the rifle to a third party, who is also a resident of Alaska, to deliver to the buyer?

For the record, none of the parties are prohibited persons or anything of that nature.

I believe the answer is that it would be legal and not a straw purchase because it is not necessary for this transfer to go through an FFL, and thus no 4473 and no violation of 18 USC 922(a)(6).

 

[mgkdrgn]

"but the latest revisions to the Domestic Mail Manual now requires the use of express mail"

news to me

 

[M-Cameron]

If the buyer were to pay me directly, would it be legal for me to give the rifle to a third party, who is also a resident of Alaska, to deliver to the buyer?

eh, that sounds pretty dicey unless you know the 'delivery guy' very well.....

it would be very easy for him to disappear with the rifle and claim you never showed up to give it to him....

 

[Rio Laxas]

news to me

Yeah, its a real bummer. I moved a lot of my rifles to Alaska by mailing them to myself by priority mail, and that was expensive enough. Now, if I ever want to send them back down, it is going to cost a lot more. In re-reading it, I do see where you can send it Registered Mail also. It's been a long time since I have sent something registered, but I think it is just as expensive as priority express. I guess I need to look into it.

432.3 Rifles and Shotguns

Except under 431.2, unloaded rifles and shotguns are mailable. Mailers must comply with the rules and regulations under 27 CFR, Part 478, as well as state and local laws. The mailer may be required by the USPS to establish, by opening the parcel or by written certification, that the rifle or shotgun is unloaded and not ineligible for mailing. The following conditions also apply:

a. Subject to state, territory, or district regulations, rifles and shotguns may be mailed without restriction when sent within the same state of mailing. These items must:
b. Bear a “Return Service Requested” endorsement.
c. Be sent by Priority Mail Express (“signature required” must be used at delivery) or Registered Mail.
d. Include either insured mail service (for more than $200) requiring a signature at delivery or Signature Confirmation service.
e. A shotgun or rifle owned by a non-FFL may be mailed outside the owner's state of residence by the owner to himself or herself, in care of another person in the other state where he or she intends to hunt or engage in any other lawful activity. These mailpieces must:
1. Be addressed to the owner.
2. Include the “in the care of” endorsement immediately preceding the name of the applicable temporary custodian.
3. Be opened by the rifle or shotgun owner only.
4. Be mailed using services described in 432.3a.
f. Mailing of rifles and shotguns between licensed FFL dealers, manufacturers, or importers are not restricted. USPS recommends these items be mailed using those services described in 432.3a.

Note: Priority Mail Express is the new name of Express Mail.

eh, that sounds pretty dicey unless you know the 'delivery guy' very well.....

it would be very easy for him to disappear with the rifle and claim you never showed up to give it to him....

Good point. The delivery person is a friend of the buyer, so if I go forward, I will be sure to make it clear that it is the buyer's responsibility to make sure his friend comes through.

 

[Dave P]

What is stopping you from selling to the "3rd party"??? He can then do whatever he wants to, with the firearm.

 

[MachIVshooter]

I'm not aware of any federal law that would make such a transaction unlawful. AFAIK, so long as the person taking possession of the weapon is not prohibited, and you have no reason to believe that he intends to do anything unlawful with it (including the transfer to the recipient), you should be good to go. As you noted already, straw purchase only applies to FFLs.

I will be sure to make it clear that it is the buyer's responsibility to make sure his friend comes through.

A good plan. His failure to deliver wouldn't run afoul of any laws I can think of on your end, but could leave you on the hook civilly. Just document things; may be a good idea to have his friend sign a bill of sale that also states that he did, in fact, take delivery of the firearm for whatever consideration you agreed on. If the go-between is bringing cash, the contract is satisfied right then and there. If the actual recipient has sent you a check, wire transfer, credit card or some other means of payment, there's a bit more concern of handing the item to a person other than the one who paid. Same reason a lot of companies will only ship to the name and billing address of the credit card or other account used.