Selling a gun in another state- Help needed

[71Commander]

I am a Michigan resident. I am in Tennessee at the moment. I want to transfer a gun to a friend of mine who lives here in Tn.

Michigan has a registration for handguns in place. If I were to sell my friend the gun while I was still in Mi., I would have shipped it to his FFL to complete the transaction. However, I'm in Tn. Tn. has no handgun registration process in place. We can go to his FFL dealer and make the transaction. No problem there.

The question arises when his FFL says that because of Tn. having no registration process, that it would be legal to just make the transaction without him. This didn't sound right so I called my FFL dealer in Mi. an explained it all to him, wanting to know if I were in violation of any federal law. He said it was a gray area and that the ATF might look at it as "gun trafficking", and because Mi. has a registration system, there would be no paper trail showing that I had sold the gun.

I know federal law mandates that transfers involving residents of two different states must use a licensed FFL to complete the transfer. It's the statement of the Tn. FFL that has me confused.

Any and all help appreciated.

 

[GonHuntin]

I know federal law mandates that transfers involving residents of two different states must use a licensed FFL to complete the transfer. It's the statement of the Tn. FFL that has me confused. /QUOTE]


You are confused because the FFLs are giving you bad info........you could have stopped with "federal law mandates that transfers involving residents of two different states must use a licensed FFL to complete the transfer."........period!

 

[rbernie]

Regardless of where you find your boots - if you and the buyer/recipient of your handgun legally reside in different states, then according to Federal law you must use an FFL in the buyer's state to complete the transfer.

 

[sourdough44]

I have a similiar situation developing. I have a friend in SD I plan to visit this summer. He wants & I want to sell him a handgun. He is former LEO. His state allows a simple FTF with state residents. Since I am from out of state I'm going to look up a local FFL to do the transfer. I don't want unforseen problems down the road. This will add to the cost & hassle but I don't see any other way. From what I can tell it's the same for long gun or handgun when you cross state lines.

 

[rbernie]

From what I can tell it's the same for long gun or handgun when you cross state lines

Not quite. A buyer can buy a long gun from an out-of-state FFL so long as the transaction is face-to-face. The key elements in making it legal are that the seller be an FFL and the transaction be FTF and the weapon be a long gun and not a handgun.

 

[71Commander]

Regardless of where you find your boots - if you and the buyer/recipient of your handgun legally reside in different states, then according to Federal law you must use an FFL in the buyer's state to complete the transfer.

Then my hunch and my FFL dealer was correct. Thanks.

 

[SecuritySixShooter]

Right response...wrong thread. doh