Transfer of long gun to resident of another state question

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whisler

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I have a question regarding transferring a long gun across state lines. Details: I live in Kentucky and have inherited a target type 22 rifle that I have no need for. I belong to Club in Ohio that is the logical place to find a buyer. If the buyer is an Ohio resident, I know that the transfer needs to go through an FFL. My questions is to specifics of the transfer. Does the transfer have to go through an FFL in my state, his state, both? Specifically can I carry the rifle to an FFL in Ohio and transfer it to the buyer there? Could the buyer come to Kentucky to my FFL and do the transfer that way? Or must the transfer involve an FFL in both states?
I have read many of these threads and am still confused, but I want to remain completely legal.
Thanks for any clarification
 
The governing federal statute is 18 USC 922(b)(3):
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph


(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​
...
Click to expand...

So a long gun may generally be transferred by an FFL in the transferee's or transferor's State of residence as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs might not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
 
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
 
The general rule is a long gun can transfer in either state but a handgun only in the buyer’s state, assuming no additional state restrictions of course.
 
The simplest way is to take / ship the rifle to an FFL in the buyer's state. It's possible for the buyer to come to the seller's state and do the transfer of a long gun there, BUT the transfer has to be legal in BOTH states. This is probably no problem with Ohio and Kentucky, but definitely ask the FFL first. They may not want to do it.
 
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