Can I ask an interstate handgun sale question?

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tulsamal

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Totally not wanting to break any laws here... but I would like to save some aggravation and shipping costs. I'm in Oklahoma. I own the handgun. Made in 1968... which could be important if somehow C&R comes into play. The buyer lives right along the Texas/Oklahoma border... but it is Texas and he is a Texas resident.

Now I know how the normal way works. He sends me payment and his transfer FFL information. I take the handgun to my transfer FFL, pay his fee and his costs, and he ships the handgun to the Texas FFL through the USPS.

But... couple possible exceptions? If I have a C&R, and I do, and he has a C&R (not sure yet), and the handgun is C&R... can I just drive somewhere to meet him and sell him the handgun without any other "constraining authority?"

Or... I'm not sure about this... at all.. that's why I'm here to ask... can I drive to north Texas to a big gun store that does transfers, transfer the handgun to the gun store FFL right there in person, and then he transfers it to my buyer? At least that eliminates one FFL holder and the shipment and the fear of loss or damage in shipment. But I really don't want to break any laws. And I don't want to drive all the way to Texas to have the transfer dealer there tell me he can't do it!

Thanks,

Gregg Greenwood
Vinita, OK
 
You can ship the firearm directly to his FFL in Texas, unless the FFL will only accept transfer from another FFL, which is not very common in civilized states like the two you mention.

Any other course of action would violate federal firearms laws as far as I know.
 
If he has a C&R and the gun is C&R eligible you can directly transfer. That happens all the time, just follow the rules. Get a copy of his license and log it out. If shipping you can only ship to address on the license.
 
tulsamal said:
..... If I have a C&R, and I do, and he has a C&R (not sure yet), and the handgun is C&R... can I just drive somewhere to meet him and sell him the handgun without any other "constraining authority?".....
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If you have an 03FFL Collector of Curios & Relics...........you darn well better know what you can/cannot do. Asking the internet is the wrong place to start. You should have read ATF regulations BEFORE applying for that C&R.

I know asking on internet forums is easy, but shame on you.
 
I’ve had my C&R for 15-20 years now. But... I’ve never sold anything!

Trying to wade through legalese is a lot more error prone than asking other experienced C&R types. Ones that have sold stuff!
 
tulsamal said:
I’ve had my C&R for 15-20 years now. But... I’ve never sold anything!

Trying to wade through legalese is a lot more error prone than asking other experienced C&R types. Ones that have sold stuff!
Click to expand...
Wait......when you applied for your C&R you certified under penalty of law that you would abide by Federal law/ATF regulations.........."legalize" that you now don't understand?
Start here https://www.atf.gov/file/2026/download if you don't have time to read the first ten pages you have no business holding a C&R.

Hopefully you've complied with the record keeping requirements.:uhoh:
 
If both are 03FFL licensees there is no issue if the gun in question is at least 50 years old. Just make the appropriate entries in their respective logbooks. Exchange copies of licenses. Ship it to his address unless you don't mind a little road trip.
But if the buyer doesn't hold a valid type 03FFL then the seller will have to ship to the buyer's 01FFL.
 
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As usual, my caveat. I am not licensed in OK or TX, nor can I answer your C&R questions. I have no idea on those. I don't know the regs and I don't know if the handgun qualifies.

So, with that out of the way, and dealing with this as a non-C&R issue:
tulsamal said:
Totally not wanting to break any laws here... but I would like to save some aggravation and shipping costs. I'm in Oklahoma. I own the handgun..... The buyer .... is a Texas resident.....

Or... I'm not sure about this... at all.. that's why I'm here to ask... can I drive to north Texas to a big gun store that does transfers, transfer the handgun to the gun store FFL right there in person, and then he transfers it to my buyer? At least that eliminates one FFL holder and the shipment and the fear of loss or damage in shipment. But I really don't want to break any laws. And I don't want to drive all the way to Texas to have the transfer dealer there tell me he can't do it!....
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You effectively have three sets of laws to deal with here: OK, TX, and federal. Let's start with State law: I did a some cursory research into OK and TX law this morning, and I see nothing in the codes of either state that would prohibit you from driving to an LGS in TX and making the transfer. Honestly, I'd have been shocked to find anything, but I didn't want to go spouting nonsense until I'd taken a look at the actual statutes. (I'm fine with spouting nonsense afterwards. :neener:)

And federal law allows this as well. As a non-FFL resident of one State, you cannot transfer a non-C&R firearm to a resident of a different State without involving an FFL. But an FFL is not barred from receiving a firearm from a resident of a different State. There are restrictions on transferring a firearm to a resident of a different State. One of those restrictions is that if the firearm is a handgun, the transfer must go through an FFL in the recipient's (transferee's) State of residence.

Finally, two quick notes: (1) The sale must comply with the laws of both TX and OK; and (2) call ahead. Just because it's legal to do doesn't mean the store's policy allows it.
 
Seems like a whole lot of trouble to avoid paying a FFL transfer fee. Yet you are willing to drive an unknown distance pay gas and time to avoid one ffl fee and a USPS Flat rate box??
 
Short answer... YES. If both of you have a C&R, ship it directly to him or meet up. If he doesn't have a C&R, ship to his FFL.
 
This has been covered already but it seems like it's a common misconception that's also held by the OP. There's no legal reason (at least at the federal level) to have two FFLs involved in the transfer. Any FFL can receive a handgun from a resident of any state. You don't have to go through a second FFL to send it to the receiving FFL unless that dealer just refuses to accept a shipment from a non-FFL. Since the OP holds an FFL of sorts even that should't be an issue.
 
Seeing as how we seem to be talking about a handgun and FFL03's, be aware of the difference between "shipping" (FedEx & UPS} and "mailing" (USPS). One is available to FFL03's and the other isn't.
 
dogtown tom said:
03FFL's cannot mail handguns, only licensed dealers and manufacturers.
Click to expand...
I didn't say a CR I said a FFL go to his local ffl and transfer the darn thing.

Read post #1

Now I know how the normal way works. He sends me payment and his transfer FFL information. I take the handgun to my transfer FFL, pay his fee and his costs, and he ships the handgun to the Texas FFL through the USPS.
 
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