Firearms Transfer Question
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Thread: Firearms Transfer Question

  1. #1

    Firearms Transfer Question

    Hi all,

    I've been having this discussion with various friends as well as a few gun store / FFLs and cannot get a straight answer. So, I'm looking for opinions. Here's the question:

    Fact: I live in Colorado.

    Suppose: I want to buy a handgun from a friend who resides in another state. How can we do this legally?

    I know I can't go to his/her state and buy it there.

    Can he/she bring it to Colorado and sell it to me here?

    Must we use an FFL here to facilitate the transfer?

    Thank you,

    WingRider

  2.   
  3. #2
    Quote Originally Posted by WingRider View Post
    Hi all,

    I've been having this discussion with various friends as well as a few gun store / FFLs and cannot get a straight answer. So, I'm looking for opinions. Here's the question:

    Fact: I live in Colorado.

    Suppose: I want to buy a handgun from a friend who resides in another state. How can we do this legally?

    I know I can't go to his/her state and buy it there.

    Can he/she bring it to Colorado and sell it to me here?

    Must we use an FFL here to facilitate the transfer?

    Thank you,

    WingRider
    you need to have the transaction and shipment done via an FFL

  4. #3
    Join Date
    Nov 2012
    Location
    Madiganistan (Illinois)
    Posts
    11
    Interstate firearms transfer requires an FFL period.
    http://www.atf.gov/files/publication...-p-5300-21.pdf
    If your friend is not legally prohibited from transporting the firearm to an FFL in your state, they can bring the firearm to your FFL for legal transfer to you with required 4473.

  5. #4
    wingrider? you sound like a troll with that question !! sounds more like wingnut

  6. #5
    Join Date
    Feb 2012
    Location
    Pittsburgh, PA
    Posts
    3,832
    Quote Originally Posted by WingRider View Post
    Hi all,

    I've been having this discussion with various friends as well as a few gun store / FFLs and cannot get a straight answer. So, I'm looking for opinions. Here's the question:

    Fact: I live in Colorado.

    Suppose: I want to buy a handgun from a friend who resides in another state. How can we do this legally?

    I know I can't go to his/her state and buy it there.

    Can he/she bring it to Colorado and sell it to me here?

    Must we use an FFL here to facilitate the transfer?

    Thank you,

    WingRider
    The Brady Bill has made it illegal to transfer handguns across state lines. You MUST use a FFL dealer to do the transaction. No ifs, ands or buts about it.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well armed lamb contesting the vote."
    ~ Benjamin Franklin (maybe)

  7. #6
    Quote Originally Posted by WingRider View Post
    Hi all,

    I've been having this discussion with various friends as well as a few gun store / FFLs and cannot get a straight answer. So, I'm looking for opinions. Here's the question:

    Fact: I live in Colorado.

    Suppose: I want to buy a handgun from a friend who resides in another state. How can we do this legally?

    I know I can't go to his/her state and buy it there.

    Can he/she bring it to Colorado and sell it to me here?

    Must we use an FFL here to facilitate the transfer?

    Thank you,

    WingRider
    First of all, unless you're a Justice on the US Supreme Court, there are no opinions when it comes to federal law. There is fact and misinformation. Legal or illegal.

    Interstate transfers are based on homes of record for the transaction participants, not physical location of the transaction. If you have drivers' licenses from two different states you MUST involve an FFL. The only thing him bringing it Colorado would do is save the shipping costs.

    You know you can't go to his/her state and buy it there? Not true. Under federal law you and go to any state you want and buy a handgun in that state. The caveat is that the seller, whether it be a private party (your friend) or a licensed FFL in that state, MUST ship it to an FFL in your home state.

    In an interstate handgun transaction, an FFL is always required in the receiving state but optional in the shipping state (although there are benefits to using an FFL on both ends.)

  8. #7
    ezkl2230 Guest
    Sending a working firearm through the mail or other delivery service to a private party is strictly prohibited, especially since this is an interstate transfer. If you are shipping a working firearm, then you will have to do a FFL to FFL transfer. You will need to find an FFL in your area, who will need to include a copy of his FFL when he sends the firearm to the FFL on the other end, and before sending it, you will have to find an FFL on the other end and have him fax a copy of HIS FFL to the FFL who is performing the transfer on your behalf. It must be shipped overnight. There is usually a $25 to $50 transfer fee to cover the shipping. Ammo must be shipped as a hazardous material, which can be pricey. This is the federal guidelines:

    Firearms
    Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:

    Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S.or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or

    Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same). (this is to facilitate firearms repairs - added)

    Carrier cannot ship or deliver firearms C.O.D.

    Upon presenting the goods for shipment, the person tendering the shipment to Carrier is required to notify Carrier that the shipment contains a firearm. The outside of the package(s) must not be marked, labeled or otherwise identify that the package(s) contains a firearm.

    The shipper and recipient must be of legal age as identified by applicable law.

    The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.

    Carrier will transport small-arms ammunition when packed and labeled in compliance with local, state and federal law, and the Hazardous Materials section of this Service Guide. Ammunition is an explosive and must be shipped separately as hazardous materials. You agree not to ship loaded firearms or firearms with ammunition in the same package.
    This complicates things, but that's the way it is.

  9. #8
    this post could be a troll by some anti gunner looking to see if this board/forum would be a source of how to commit a felony, fortunately we all offered the same correct and legal method to transfer a weapon across state lines.
    be wary of being baited by the anti gun crown into saying or doing anything that could be construed as being in violation of the law

  10. #9

    Firearms Transfer Question

    Wow... It is illegal to transfer a gun across state lines? And you need a background check? Someone should tell Dianne Feinstein and her bedfellows. I swear I have heard them say we need a thousand more laws preventing just such an activity.

  11. #10
    All,

    Thank you for the advice. I have received several different stories from 'experts'. Based on my research and your confirmations, I must include an FFL in my home state to legally facilitate the transfer. The handgun may either be shipped or delivered in person to the FFL.

    Are any you aware of legal ramifications of Selling a handgun in a state other than your state of residence? The laws seem mostly focused on the 'Buyer'.

    For all you troll hunters, keep hunting. Or at least contribute something useful to the conversation.

    Thank you,

    WingRider

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