Out-Of-State Transfer

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jonnyc

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Ok, I'm pretty sure that I know the answer, but we had a disagreement at work. FWIW, I'm just an employee and my boss is the actual FFL holder.

Ques. - Can a modern (post-1898) long gun be sent/received across state lines without going via an FFL?

For now I'll hold off on who took which side.
 
Except in the cases of an inheritance -- which means the current owner of the gun must be dead -- no.


Now, some will point out that curio and relic guns can be, but only if an 03 FFL is the transferree, which isn't the question that was asked.
 
....Ques. - Can a modern (post-1898) long gun be sent/received across state lines without going via an FFL?....
That's pretty much a "NO."

Well here's the story on federal law on interstate transfers --

  • Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  • In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

  • In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

  • There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  • The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  • Here's what the statutes say:
    18 U.S.C. 922. Unlawful acts

    (a) It shall be unlawful—
    ...

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

    (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

    (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

    (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

    ...

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

    (A) 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, and

    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ....

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
    ...

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph

    (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

    (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ...

  • Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.
 
...Ques. - Can a modern (post-1898) long gun be sent/received across state lines without going via an FFL?......

And now that I look at it, your question is unclear. Are you asking if a non-licensee in one State can personally ship a gun to an FFL in another State for transfer to a transferee who is a resident of that State or must the gun be shipped by an FFL? This is a question that comes up frequently. Also a lot of FFLs will only accept a gun for transfer if it is shipped by an FFL.

Legally, there is no reason why a non-licensee may not ship a gun to an FFL in another State for transfer. That would be perfectly legal.

But many FFLs for business reasons, not because it's legally required, will not accept a gun for transfer unless shipped by an FFL. And it's perfectly legal for an FFL to have such business requirement.
 
I was really only asking about the receipt, but you guys confirmed my point. Although the Boss is both an 01 and an 03, he seems to think that it's OK to receive long guns inter-state without an FFL involved. His Gunbroker "winnings" go to his house all the time, he says, even though the FFLs are specific to the shop address. He thinks everyone does that all the time. I disagreed emphatically.
 
Although the Boss is both an 01 and an 03, he seems to think that it's OK to receive long guns inter-state without an FFL involved.
Hmm.
At first glance, that seems legit; the transfer occurs "through" an FFL, who just happens to be the Transferee.
Raises a few questions, like are they going into the Bound Book?

Seems too good to be true, which usually means it's not legit.

Perhaps we need the expertise of Dogtown Tom.
 
I was really only asking about the receipt, but you guys confirmed my point. Although the Boss is both an 01 and an 03, he seems to think that it's OK to receive long guns inter-state without an FFL involved. His Gunbroker "winnings" go to his house all the time, he says, even though the FFLs are specific to the shop address. He thinks everyone does that all the time. I disagreed emphatically.

Interesting that the shipping FFLs are willing to send a gun to an address that’s not on the receiving FFL.
 
Many are probably non-FFL sellers happy to not have to pay extra for their own. Dealer to ship it, and just using the address the buyer gives them.
 
...Although the Boss is both an 01 and an 03, he seems to think that it's OK to receive long guns inter-state without an FFL involved. His Gunbroker "winnings" go to his house all the time, ....

But an FFL is involved -- him. He is always an FFL, and when he receives guns shipped to him he receives them as an FFL. He is the holder of the federal license and must conduct himself at all times in accordance with the laws and regulations applicable to FFLs.

While his license lists a business address, that doesn't mean that he stops being an FFL and subject to FFL rules whenever he leaves. Even though he may only conduct his licensed business at the address on his license, or at a gun show, his 01 licensee status allows him to do other things at places other than the premises shown on his license. He may ship a handgun through the USPS; a non-licensee may not. He may go to another State, take possession of a gun and bring it back with him.

And wherever or however he takes possession of a gun he must enter receipt and disposition in his bound book. While he may transfer a gun from his FFL stock to his personal collection there are procedures he needs to follow.
 
Wait, what do you see IS the actually issue? Maybe we've missed something?

1) He is an FFL (actually holds two from what you said, a type 1 and a type 3), so there's an FFL involved. It would be lawful for him to receive firearms from out of state.
2) He's having them sent to his home instead of the business address? Is that the question?
 
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