[marshall3]

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence.

[Tse Gee La]

What exactly does the second line mean?

[michiganfan]

Without verifying if you need an FFL or not, the second line means if you recieve the gun pursuant to a will ie a bequest in the will or if you recieve the gun because you are the next of kin to a person who died without a will then apparently no FFL is needed.

[dbarale]

Does that only apply to handguns or is it the same for long guns?

[ShootinDave]

By mail over state lines:

Handguns = seller to FFL who mails it to FFL to buyer
Rifles/Shotguns = seller mails to FFL to buyer

If you go across state lines to buy:

Handguns: must have an FFL SEND the handgun to a FFL in your state. EVEN IF it is a personal sale.
Rifles/Shotties: Must be purchased from an FFL in the other state.... then you may take it to your state.

Black Powders do not apply. Ship/Buy away!

STATE AND LOCAL LAWS APPLY

[Steelharp]

Official regs, again, from ATF website:

(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. [B]A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns 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. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.

[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

(B8) May a nonlicensee ship a firearm by common or contract carrier?

[B]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]

[7005R]

Handguns: must have an FFL SEND the handgun to a FFL in your state. EVEN IF it is a personal sale.

Wrong! You may ship the pistol yourself, it just must be shipped to an FFL! Alot of dealers tell people this, but it is flat wrong.

[Majic]

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state.
The sale CAN be made ,but the buyer can't take possession of the handgun without it first being transferred thru a FFL in the buyer's state of residence.

[Confederate]

Remember, too, that violation of this law is a felony. Conviction means never being legally able to own a firearm forever.

[Novus Collectus]

Remember, too, that violation of this law is a felony. Conviction means never being legally able to own a firearm forever. ....in America.

Also, there is that rare presidential pardon if someone is rich or well connected enough to get one.

[p_pac]

So what "Majic" said is correct, right?

[wdlsguy]

From http://www.atf.gov/firearms/faq/faq2.htm#b2:

A person may only acquire a firearm within the person’s own State
This is the general rule. The upshot of this is that handguns must be transferred through an FFL in the buyer's 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.
This is a special case for rifles or shotguns. The upshot of this is that rifles and shotguns must be transferred through an FFL, but the buyer and the seller can negotiate which state the transfer will take place in, assuming both states are okay with it.

[carterbeauford]

deleted

[brickeyee]

They might.
Only an FFL can send a handgun through the US mail.
The rest of use are required to use 'common carriers' like Fedex or UPS.

[wdlsguy]

Please delete.

[ugaarguy]

I sent a revolver back to Taurus using Priority Mail, are these guys going to show up?

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]

Taurus (obviously) has an FFL so you're fine to mail a firearm (handgun or long gun) to them.

[wdlsguy]

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns 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. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
http://www.atf.gov/firearms/faq/faq2.htm#b7

[ugaarguy]

oops, missed the US mail part

[Hkmp5sd]

This is a special case for rifles or shotguns. The upshot of this is that rifles and shotguns must be transferred through an FFL, but the buyer and the seller can negotiate which state the transfer will take place in, assuming both states are okay with it.

Clarification - It means you can buy and take possession of rifles and shotguns in other states provided you do so at the the FFL's licensed premises and the sale is legal in both the state the sale takes place and the state the buyer resides in.

[tango3065]

To be clear, can I sell a handgun online and ship it myself to the buyers FFL without having to have a FFL dealer in my state ship it?

[wdlsguy]

To be clear, can I sell a handgun online and ship it myself to the buyers FFL without having to have a FFL dealer in my state ship it?
Yes, as long as your state allows you to do so, and you don't use USPS.

[Novus Collectus]

A side note. I believe antique handguns are allowed to be shipped USPS, just not modern handguns.

[tango3065]

How would you know if your state allows it?

[wdlsguy]

If you tell us your state, someone here will probably know.

[tango3065]

Sorry, Kentucky

[wdlsguy]

Does Kentucky require any paperwork for face to face sales between residents? If not, you should be good to go.

[Browster]

Lets say someone lives in Maryland but inherits handguns from a parent in Vermont. Fed law lets them take the guns to the other state without Fed involvement, but what must they do if anything to comply with Maryland law? Can they drive or transport the guns into the state themselves?

[Caimlas]

So, let's say I am given a handgun by a relative for my birthday, and they live out of state but are visiting me at the time. Assuming no state-level restrictions, is this legal?

[Car Knocker]

No.

[Novus Collectus]

Lets say someone lives in Maryland but inherits handguns from a parent in Vermont. Fed law lets them take the guns to the other state without Fed involvement, but what must they do if anything to comply with Maryland law? Can they drive or transport the guns into the state themselves? WIth the exception of what MD calls "assault pistols", then if the handguns (or regulated rifles) were acquired legally in another state, then they can bring them into Maryland without notifying MD they did so.
The same goes for when a C&R FFL holder buys a C&R handgun while out of state, They can bring it back into MD and the state of MD does not have to be notified.
The same also goes for when a MD resident becaomes a resident of another state, buys a handgun there and then moves back to MD, then they do not have to notify the state of MD.

(formal) registration in MD is voluntary.

[sturmruger]

I think some people are a little confused here.

Here in WI it is legal for me to sell a handgun to someone in another part of WI and then ship them the handgun via UPS. I never have to meet them or handle any part of the transaction in person. I also can ship the gun myself providing I let UPS know what I am shipping. I think I would have them provide me with a photocopy of their DL so that I can look them up online and make sure they have not been covicted of any felonies here in WI. I could also ask them if there are allowed to own firearms and the if they reply in the affirmative I have done all that is needed to legally transfer that gun here in WI.

In many states it is legal to sell a pistol to another resident of your state the Feds don't care if you ship them that pistol as long as you are both residents of the same state. At no point in this transaction is a FFL's services needed.

[SSN Vet]

If you want to know if it's legal in your state, I highly recommend you call the state police in your state and ask them.

Somehow, I don't think "but krypto-frog-magnum, my online buddy, said it was o.k." will get you very far if you perptetrate a violation.

[Car Knocker]

A verbal opinion over the phone from the state police is no more valid than internet advice and no more likely to be correct.

If it's not in writing, it never happened.

[hornsmoker]

Here in WI it is legal for me to sell a handgun to someone in another part of WI and then ship them the handgun via UPS. I never have to meet them or handle any part of the transaction in person. I also can ship the gun myself providing I let UPS know what I am shipping. I think I would have them provide me with a photocopy of their DL so that I can look them up online and make sure they have not been covicted of any felonies here in WI. I could also ask them if there are allowed to own firearms and the if they reply in the affirmative I have done all that is needed to legally transfer that gun here in WI.

Virginia is the same, however the "gotcha" is that UPS has policies that won't let you exercise this legal right. As soon as you declare that your sending to a non-licensee [as legally required], UPS is gonna tell you that unless you have a license, or the receiver is licensed, they won't ship it. FTF is about all you can do with a handgun sale to another state resident.

[MisterPX]

FTF sales cross borders are felonies, yet it never fails, you always see them happen at gunshows by state lines..:scrutiny:
Had some schmuck try to sell a pistol to my buddy at the last show. Seller's from IL, show's in WI. Buddy said, let's go to a dealer and do the sale, and the seller was "nah, I'll pass".:banghead:

[greener]

What a tangle. So, I can legally carry an "heirloom" firearm in another state (ccw reciprocity) and allow my son to shoot it all he wants. Or,if he is in this state, allow him to shoot it all he wants. But, if I want to make a gift of his grandfather's service revolver, I need at least one FFL to be involved in his state of residence.

[srtboise]

lets say someone goes to visit a relative in another state and brings his handguns with him. when he goes home he accidently leaves one of the handguns at the residence of the relative he was visiting indenting to take back possesion the next time he visits?

[Novus Collectus]

lets say someone goes to visit a relative in another state and brings his handguns with him. when he goes home he accidently leaves one of the handguns at the residence of the relative he was visiting indenting to take back possesion the next time he visits? Not sure about accross state lines, but a MD Apeals Court decision very recently just mad a loan of a gun legal whereas before it was considered a transfer and required a seven day wait and a background check.
As I understand it, there is no limit on the time it is "loaned" to another person, but they can not call the handgun their own and assume ownership. (renting a gun to take home is still illegal in MD unless there is a seven day wait and a check though and this just applies to lending)

[Gator]

Handguns: must have an FFL SEND the handgun to a FFL in your state. EVEN IF it is a personal sale.

Wrong! You may ship the pistol yourself, it just must be shipped to an FFL! Alot of dealers tell people this, but it is flat wrong.

Let's not confuse things further. The original comment referred to shipping via USPS, and was correct. A private individual MAY NOT send a handgun through the mail. A private individual CAN send a handgun using FedEx, UPS, etc. In both cases the recipient must be an FFL holder.

[FotoTomas]

And to muck it up even further...

Governments can ship handguns through the mail for official purposes as well as federal law enforcement officers. This includes privately held firearms used in some official capacity such as off duty carry. Limited option to be sure but another exemption not often known.

[jonnyc]

A hypothetical "what if":
Assuming both sender and receiver have FFLs of one sort or another, does the receiver get in trouble if the sender violates the rules without informing the receiver of shipping plans?

[Car Knocker]

It wouldn't be out of the realm of the possible to charge the recipient as an accessory, I would think, if a prosecutor was of a mind. May not be likely, but....