Selling to adjoining states; BATF regs?
Tom Fury
April 8, 2012, 10:38 AM
What are BATF regs on selling to customers in adjoining states? Seems I heard it can be done, but don't know specifics? Can KY shop sell to a customer with Indiana DL/residence?
Cheers, Joe
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rcmodel
April 8, 2012, 10:53 AM
Handguns can only be sold through a FFL to FFL transfer to the buyer in the adjoining state.
Shotguns & rifles can be sold to a resident of another state as long as it complies with the states laws.
rc
thecarfarmer
April 8, 2012, 11:15 AM
Also remember, different states have different rules on what a guy can have w/o a special license.
Hi capacity mags, barrel length on shottys and rifles, stuff like that.
-Bill
Canuck-IL
April 8, 2012, 11:25 AM
Shotguns & rifles can be sold to a resident of another state as long as it complies with the states laws.
And one of those laws is that you need an FFL involved in the state of purchase, ie. no unlicensed person-to-person if you're out of your home state.
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.
/Bryan
Coyote3855
April 8, 2012, 03:57 PM
There are 'way too many gun laws.
awgrizzly
April 8, 2012, 04:05 PM
Not advocating violating the law but out of curiosity, how can the law preventing a private firearm purchase between two people of different states without an FFL be enforced?
BCCL
April 8, 2012, 05:24 PM
^after the fact if they ever instigate a trace. Person in possession gets in a jam that causes a trace, trace shows maker...wholesaler...retailer....initial buyer in one state, then gun suddenly in second state, where current possessor can't show when/where an FFL transferred it across a state line..(and initial buyer identifies current owner as the person they sold it to)
Or somebody shoots their mouth off......
Tom Fury
April 8, 2012, 05:58 PM
A FFL dealer I have known of old is holding things I have bought on auction site while working abroad; I am returning to US soil, but residence will be in adjoining state; I had thought FFL to FFL transfer as such was legal but wasn't sure; I would then receive in normal process in adjoining state, as I no longer have a home address in original state of residence where things are being held in my absence.
Thanks again,
TF
Jim K
April 8, 2012, 08:18 PM
FFL to FFL transfer is legal except that if the item is NFA the dealers have have the SOT stamp on the license.
The "adjoining states" business was in the original 1968 law; it was removed (IIRC) in 1986, so the rules now apply to any interstate transfers whether the states adjoin or not.
Jim
NavyLCDR
April 9, 2012, 12:49 PM
Handguns can only be sold through a FFL to FFL transfer to the buyer in the adjoining state.
Shotguns & rifles can be sold to a resident of another state as long as it complies with the states laws.
rc
Handguns do not need to go FFL to FFL.
First, a handgun can only be transferred to the recipient by either an FFL in the same state of residence as the recipient, or (if state law allows) by a private party of the same state of residence as the recipient. It is perfectly legal for a private party of another state to ship the handgun themselves to an FFL in the recipient's state of residence for transfer to the buyer.
Shotguns & rifles can be sold to a resident of another state ONLY BY AN FFL, as long at it complies with the state laws of both the FFL and the buyer.
NO private party sales are lawful between private party residents of differing states, without an FFL involved for the transfer, regardless of handgun, rifle or shotgun and regardless of if the two states are adjoining or not.
Federal laws applicable are 18 USC 922 (a)(3), (a)(5) and (b)(3):
http://www.law.cornell.edu/uscode/text/18/922
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