[Strings]

OK... I live in Wisconsin. A friend of mine in Minnesota wants to buy one of my pistols, but wants to be uberlegal about everything. Would it be legal for me to bring the gun with me when I visit, and deliver it to the dealer for the transfer? Or does it HAVE to go through some sort of currior service?

Sounds weird, I know. But I don't want to screw things up and get myself (or my friend) in trouble...

[Graystar]

The answer is that you may not transfer the pistol in person.

Federal law doesn’t allow you to transport the pistol in order to sell it. You can only dispose of handguns within your own state. Also, federal law doesn’t allow an FFL to accept a weapon from a non-resident. You’ll have to ship the gun to the FFL in the other state. That you can do yourself.

The law you’re interested in is Chapter 18 Section 922 of the United States Code, subsection (a)(1)(A), (a)(3), (a)(5)

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=922


Here’s the ATF FAQ

http://www.atf.gov/firearms/faq/faq2.htm#b1

[EOD Guy]

The answer is that you may not transfer the pistol in person.

Federal law doesn’t allow you to transport the pistol in order to sell it. You can only dispose of handguns within your own state. Also, federal law doesn’t allow an FFL to accept a weapon from a non-resident. You’ll have to ship the gun to the FFL in the other state. That you can do yourself.


The above quote is complete BS.

It is perfectly legal under Federal law to transfer a firearm to a licensee in another state. There is no prohibition preventing you from doing this in person or preventing the FFL from receiving the firearm. The FFL would then transfer the pistol to your friend in accordance with Minnesota law.

[Graystar]

My advice is to send the ATF a letter asking them about it.

http://www.atf.gov/contact/index.htm

[Graystar]

My advice is to send the ATF a letter asking them about it.

http://www.atf.gov/contact/index.htm

[willyjixx]

so answer this one?


http://www.thehighroad.org/showthread.php?s=&threadid=45143

[Strings]

two replies, two disagreeing pieces of advice. Anyone who HAS an FFL or works in a shop wanna pipe up (anyone here from ATF, feel free to PM me and protect your anonymity)...

Barring any such responses, I'll call the ATF boys Monday, and post what they say...

[willyjixx]

ask Tamara!

she works at a shop.

[Hkmp5sd]

§ 178.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and
(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

A non-licensee may transfer a firearm to any FFL by any method as long is doing so does not violate any local laws.

I'm a former 01-FFL holder, but that doesn't mean anything. This is still my opinion based on my interpretation of the law.

[Standing Wolf]

I guess I'll have to reread the Second Amendment, because I don't recall anything about any of that in it. Could I have missed all that?

[Brian Dale]

A non-licensee may transfer a firearm to any FFL by any method as long is doing so does not violate any local laws. Except that we who don't hold FFLs can't mail handguns, right? For example, there's a discussion (Zundfolge and ff. posts) at:

http://www.thehighroad.org/showthread.php?s=&threadid=32651

[Hkmp5sd]

Yep, that's right. No handguns by snail mail. You get to pay the jacked up prices of USP/Fed-Ex and deal with their stupid regulations.