Theoretical: can buyer across state lines transport to FFL

[1KPerDay]

If I sell a shotgun to my brother the next state over, can he take it home with him and take it to an FFL in his home state and have it transferred or do I have to ship it?

 

[Telekinesis]

You physically giving him the gun would be the transfer, so what you are saying wouldn't be legal.

What you can do is both go to a FFL in your state and transfer the weapon to him. Only handguns need to be transferred by a FFL in the transferree's state of residence. Long guns can be done anywhere as long as the laws of both states are followed.

 

[Frank Ettin]

If I sell a shotgun to my brother the next state over, can he take it home with him and take it to an FFL in his home state and have it transferred or do I have to ship it?

No, he can not. You will need to ship it to the FFl or you could personally deliver it (if the FFL is agreeable).

See 18 USC 922(a)(3), emphasis added:

(a) It shall be unlawful --

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,...​

​

However, depending on the laws of your State of residence and the laws of your brother's State of residence, it might be legal for a FFL in your State to do the transfer. If an FFL in your State can do the transfer in compliance with 18 USC 922(b)(3), your brother taking the gun back home would come under an exception to the foregoing.

 

[Elkins45]

No, he can not. You will need to ship it to the FFl or you could personally deliver it (if the FFL is agreeable).

See 18 USC 922(a)(3), emphasis added:

​

However, depending on the laws of your State of residence and the laws of your brother's State of residence, it might be legal for a FFL in your State to do the transfer. If an FFL in your State can do the transfer in compliance with 18 USC 922(b)(3), your brother taking the gun back home would come under an exception to the foregoing.

Nevermind--senior moment.

 

[Spats McGee]

How would that be possible? I thought it was an absolute under the federal regs that one cannot acquire a handgun out of state except through inheritance. I thought it was impossible for someone to transfer a handgun at an FFL anywhere but in their state of residence. What am I missing that allows a state law to supersede that?

Based on the OP, it would appear that Frank is talking about a shotgun.

If I sell a shotgun to my brother the next state over, can he take it home with him and take it to an FFL in his home state and have it transferred or do I have to ship it?

All interstate transfers must go through an FFL. Long guns may be transferred at an FFL outside one's state of residence, but handguns must go through an FFL in the transferee's state of residence. 18 USC 922(b)(3)

 

[Elkins45]

Based on the OP, it would appear that Frank is talking about a shotgun.

All interstate transfers must go through an FFL. Long guns may be transferred at an FFL outside one's state of residence, but handguns must go through an FFL in the transferee's state of residence. 18 USC 922(b)(3)

Oh, duh--my bad. I guess I must have merged this thread with another one inside my increasingly defective brain. I somehow came to think we were talking about a handgun.

 

[Spats McGee]

Happens to all of us, Elkins.

 

[1KPerDay]

So my brother an AZ resident could do the FFL transfer in Utah if he comes here, and take the shotgun back to AZ right?

 

[dogtown tom]

...... Only handguns need to be transferred by a FFL in the transferree's state of residence..

Not exactly.
While it's true that a handgun can only be transferred in the transferees state of residence, but also applies to "Other firearms".
Other firearms are firearms which are not rifles, shotguns or handguns, such as firearm frames, receivers, AR lowers and firearms with a pistol grip that expel a shotgun shell.

Only rifles or shotguns may be transferred outside the transferees state of residence, as long as the firearm would be legal to possess in the buyers state. For example, a resident of New York state cannot acquire a rifle in Texas if that model is illegal in New York. California prohibits any direct transfer to a California resident, requiring the firearm be shipped to a California dealer.

 

[1KPerDay]

So, if you don't mind, what documentation would my brother need to complete the transfer here? Driver's licence and a utility bill proving place of residence? Would anything else work? I don't think he has a CCW permit.

 

[F-111 John]

So, if you don't mind, what documentation would my brother need to complete the transfer here? Driver's licence and a utility bill proving place of residence? Would anything else work? I don't think he has a CCW permit.

That would be a question for the potential FFL you want to use. S/he is the person you have to satisfy.

 

[1KPerDay]

That would be a question for the potential FFL you want to use. S/he is the person you have to satisfy.

Thanks. He called the ATF and they said he just needs a driver's licence.

 

[George P]

So my brother an AZ resident could do the FFL transfer in Utah if he comes here, and take the shotgun back to AZ right?

Correct. i live in FL; if I go back to NV to visit where I lived and found a long gun, I could buy it from the dealer/FFL and take it home.

 

[1KPerDay]

Thanks, folks! Got it sorted. We'll do the transfer at my FFL here when my brother visits.