Sent to FFL required?

[ccsniper]

I always notice in the trading post that all the guns say "will ship to ffl at buyers expense" and was wondering, is it required by law to ship it to an FFL if it is a private sell? I don't see why it would (then again I don't know why a shoe string is labeled as a machine gun).

To me it would just be another private sell and should be able to be sent through fedex or similar to the buyers house. What law says the gun has to be sent to an FFL?

 

[CnRnut]

In state you can ship to buyer,out of state it's FFL only.
Look on ATF's site.

 

[natman]

From the ATF FAQ:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

"Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
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]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]"

In summary, a transaction between residents of the same state can be done without an FFL. If the transfer is between residents of different states an FFL has to be involved, usually in the buyer's state.

Bear in mind this is FEDERAL law, there may be STATE laws that add further restrictions.

 

[nicholst55]

In state you can ship to buyer,out of state it's FFL only.
Look on ATF's site.

Depending on your state laws; some states require that all sales go through either an FFL or a LEO for a background check. The DPRM (Democratic Peoples Republic of Maryland), for instance, requires that all sales of 'regulated weapons' take place either through an FFL, or that you process the paperwork for the background check through the MSP and wait the required seven days. Just because.

 

[Trebor]

In state you can ship to buyer,out of state it's FFL only.
Look on ATF's site.

It's not quite that simple.

Within a state (intrastate transfer) Federal law allows you to ship a long gun (ONLY) directly to the buyer and only if there is no state law prohibiting that.

Handguns must allows be shipped to a FFL holder, whether it's within the same state or to someone outside the state.

And, any firearm that crosses state lines must always be shipped to a FFL holder.

(With a few, limited exceptions, like if you ship your firearm out of state to the manufactuer or FFL licensed gunsmith for repair, they can ship it directly back to you).

 

[Sam1911]

Handguns must allows be shipped to a FFL holder, whether it's within the same state or to someone outside the state.

Can you elaborate?

You can't MAIL a handgun, but you can ship one via FedEx or UPS.

In a state that doesn't prohibit transfers of handguns between non-licensees, I don't see the problem.

Q: May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]

 

[nalioth]

In state you can ship to buyer,out of state it's FFL only.
Look on ATF's site.

It's not quite that simple.

<snip>

Handguns must allows be shipped to a FFL holder, whether it's within the same state or to someone outside the state.

I'm sorry, but this is incorrect.

You can send any firearm to another eligible state resident directly. You cannot mail a handgun, and so must use a common carrier, but you can still send it directly to the recipient.

As far as sales ads go, I try to put "legally shipped" instead of "shipped to your FFL"

 

[NavyLCDR]

My vote goes with Sam1911 and nalioth. There is no Federal statute that prohibts a person from shipping a handgun to a resident of their own state.

I think this from Trebor's signature line may be where the confusion is:

CCW classes and private instruction in the Metro Detroit and Lansing areas

I'll bet Michigan STATE law prohibits handgun shipping between private parties.

 

[ccsniper]

thanks all, I read the ATF page but for some reason it didn't click last night (it could be the 2 days without sleep?) You all have clarified what was confusing me. Thanks.