Question for FFL dealers

[STAGE 2]

I'm probably going to file this one under "another idiot gun shop owner". I was under the impression that it is perfectly legal for a private person in state A to sell a firearm to a person in state B as long as person in state A sends the firearm to an FFL in state B from which the person in state B can pick it up.

What I was told from this particular gun shop what that it is ILLEGAL for a private person to ship anything without going through an FFL in his state. He went on to say that the only place a private person can ship a firearm to without going through an FFL is back to the manufacturer for repair. I asked him if this also applied to sending a firearm to a smith who is an FFL for gun work, and he said that was also illegal.

I understand that particular shops may want to do things their own way, and thats fine, but there is a HUGE difference between wanting to avoid liability and claiming a process is blatantly illegal.

 

[StopTheGrays]

What states are we talking about? There is no such restriction (ffl has to send to ffl) in WI. A WI resident can ship a firearm to a ffl in another state.

 

[STAGE 2]

It really shouldn't matter since this is a federal matter and governed by federal law, but the transfer is going from NY to TX.

 

[sportbikefan]

atf

glen...go to the batf website...this is what it says.........B8) May a nonlicensee ship a firearm through the U. S. Postal Service? [Back]


A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.


http://www.atf.gov/firearms/faq/faq2.htm#b17

hope this helps you out....tom

 

[RavenVT100]

Handguns can be mailed between licensees (FFL holders), at least they can via priority mail.

 

[SIOP]

A nonlicensee can ship a firearm to a resident of his own state, or to a licensee in any state. Handgun, longgun, doesn't matter. There is no federal requirement for a firearm shipment to originate with an FFL, and only needs to go to an FFL if it is an interstate shipment. A nonlicensee cannot use the USPS for a handgun, but they can use other carriers.

 

[Kruzr]

I'm probably going to file this one under "another idiot gun shop owner". I was under the impression that it is perfectly legal for a private person in state A to sell a firearm to a person in state B as long as person in state A sends the firearm to an FFL in state B from which the person in state B can pick it up.

What I was told from this particular gun shop what that it is ILLEGAL for a private person to ship anything without going through an FFL in his state. He went on to say that the only place a private person can ship a firearm to without going through an FFL is back to the manufacturer for repair. I asked him if this also applied to sending a firearm to a smith who is an FFL for gun work, and he said that was also illegal.

I understand that particular shops may want to do things their own way, and thats fine, but there is a HUGE difference between wanting to avoid liability and claiming a process is blatantly illegal.

If this was in California, then what he told you is correct.

 

[STAGE 2]

Well, I just called ATF and from the horses mouth, one is completely compliant with federal law if they ship a gun out of state to an ffl. They can personally ship the firearm themselves and do not need to have the FFL in their own state do it for them.

There are specific requirements with whatever carriers you choose, and this says nothing about state law, but with respect to my case, this is another uneducated/ignorant gun shop owner.

 

[El Rojo]

Are you sure you can't ship a firearm out of California to a FFL? I would like to see a source that says you can't. Thanks.

 

[EOD Guy]

If this was in California, then what he told you is correct.

Kruzr,

That is a BS statement and you don't know what you are talking about!

There is no restriction in California law that prevents an unlicensed individual from shipping to an FFL in another state. California law also specifically allows a California dealer to receive a firearm from an unlicensed individual from another state.