Purchasing long gun from intrastate FFL

[luckylarry]

I'm purchasing a long gun off of GunBroker from an FFL in my state, but he is a good 6 hours away.

Am I correct to assume my only two options are to either pick up the gun in person or have him transfer it to my local FFL?

Thanks.

 

[Red Wind]

I believe those are your only 2 options per the GCA of 1968.

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]

 

[NavyLCDR]

Am I correct to assume my only two options are to either pick up the gun in person or have him transfer it to my local FFL?

Thanks.

There is this provision in Federal law, but I have never heard of an FFL actually doing it:
http://www.law.cornell.edu/uscode/text/18/922

18 USC 922 (c):

(c) In any case not otherwise prohibited by this chapter, a licensed importer, licensed manufacturer, or licensed dealer may sell a firearm to a person who does not appear in person at the licensee’s business premises (other than another licensed importer, manufacturer, or dealer) only if—
(1) the transferee submits to the transferor a sworn statement in the following form:
“Subject to penalties provided by law, I swear that, in the case of any firearm other than a shotgun or a rifle, I am twenty-one years or more of age, or that, in the case of a shotgun or a rifle, I am eighteen years or more of age; that I am not prohibited by the provisions of chapter 44 of title 18, United States Code, from receiving a firearm in interstate or foreign commerce; and that my receipt of this firearm will not be in violation of any statute of the State and published ordinance applicable to the locality in which I reside. Further, the true title, name, and address of the principal law enforcement officer of the locality to which the firearm will be delivered are XXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Signature XXXXXXXXX Date XXXX.”
and containing blank spaces for the attachment of a true copy of any permit or other information required pursuant to such statute or published ordinance;
(2) the transferor has, prior to the shipment or delivery of the firearm, forwarded by registered or certified mail (return receipt requested) a copy of the sworn statement, together with a description of the firearm, in a form prescribed by the Attorney General, to the chief law enforcement officer of the transferee’s place of residence, and has received a return receipt evidencing delivery of the statement or has had the statement returned due to the refusal of the named addressee to accept such letter in accordance with United States Post Office Department regulations; and
(3) the transferor has delayed shipment or delivery for a period of at least seven days following receipt of the notification of the acceptance or refusal of delivery of the statement.
A copy of the sworn statement and a copy of the notification to the local law enforcement officer, together with evidence of receipt or rejection of that notification shall be retained by the licensee as a part of the records required to be kept under section 923 (g).

Since the Brady law and NICS checks went into effect, I am not even sure if the above is still legal or not.

 

[Sam1911]

If it was a private individual, in your state, (in most states...I don't know where you are) you could do that by mail.

As it is from an FFL, you're going to have to go fill out the paperwork at his shop, or have him send it to your local FFL and fill out the paperwork at that shop.

INTRA-state, buying from a dealer is more of a hassle than buying from a non-licensee.

EDIT: Navy's info is very interesting (I didn't know that) but I don't see that working with NICS, and I'll agree I've never heard of a dealer doing that.

You'll have to call the dealer to be sure, but 99:1 odds, he's going to say do the transfer at his place or ship it to your dealer. Shipping it is likely to be cheaper and easier.

 

[Red Wind]

If it was a private individual, in your state, (in most states...I don't know where you are) you could do that by mail.

True, or (again in most states), you could meet FTF somewhere in the middle of the 6 hour distance and exchange the firearm and money. Because you are dealing with a FFL, of course that is not possible.

And Sam,you are almost certainly correct. Shipping will be cheaper and easier. 12 hours RT is a long haul,gasoline, wear and tear, etc.

 

[luckylarry]

Thanks everyone. It makes sense.

I was hoping there might be an easier alternative given that everything is in-state, but it looks like it needs to be done at an FFL premise/presence.

 

[jerkface11]

Unless transfers are ridiculously expensive in your area going to get it will cost more in gas money.

 

[Bubbles]

There is this provision in Federal law, but I have never heard of an FFL actually doing it...

ATF used to provide a form so that FFL's in states that had buyers in remote areas (think Alaska) could purchase firearms from dealers. In fact, if you look at the available forms from ATF at http://www.atf.gov/content/library/firearms-forms you will see it listed as "ATF F 4473 Pt. II (5300.9) — Firearms Transaction Record Non-Over-The-Counter (can not be posted, must be ordered from the ATF Distribution Center)".

But, if you hop over to the ATF Distribution Center's web site at http://www.atf.gov/content/distribution-center-order-form and look in the list of forms so that you can order some... it's not there.

So while it's legally possible to do it, the ATF does not make the correct form available to FFL's so that they can do it.

 

[mgkdrgn]

yep