Buying a gun online? Do they all have to go through an FFL dealer?

[TheOtherOne]

If it's a private sale then it shouldn't have to go through an FFL dealer, should it?

For example, I can legally sale a gun to my neighbor without any stupid hassle or paperwork, etc... so why does gunbroker.com say that all firearms must be shipped to a licensed dealer? I can understand that they would have to do this if the seller was a dealer, but does it still have to go through a dealer if the seller is just some joe blow selling his grandfathers old winchester 30-30 to get a few bucks?

 

[Sharpie1]

Not to hijack this thread too much, but I have a similar question.

If I want to sell a pistol to someone who lives in Tennessee (I am a Virginia resident) -- and the person who is buying agrees to meet me in Virginia to examine and purchase said pistol, is THAT legal? Or is it such that since the buyer is a resident of another state, it is mandatory that the purchase go through an FFL?

Thanks for all the helpful info.

Travis

 

[Jmurman]

If I want to sell a pistol to someone who lives in Tennessee (I am a Virginia resident) -- and the person who is buying agrees to meet me in Virginia to examine and purchase said pistol, is THAT legal? Or is it such that since the buyer is a resident of another state, it is mandatory that the purchase go through an FFL?

I think you need to have a FFL for out of state purchase, and purchasers. Check you laws in VA

 

[Hkmp5sd]

It is also illegal to go to another state and buy a gun in person from an unlicensed seller.

While not exactly an "unlicensed to unlicensed transfer", a C&R licensee can physically purchase and take possession of a C&R firearm from a private individual in another state and transport the gun back to his state of residence.

 

[Standing Wolf]

I didn't see anything about any of those laws in the Second Amendment. Maybe I should read it again, eh?

 

[Zundfolge]

It is legal for me to cross state lines with my own gun.

So if I where to travel across state lines to sell a gun to someone, and we meet at an FFL's place and he does the transfer would that be legal?

 

[Mike Irwin]

"I didn't see anything about any of those laws in the Second Amendment. Maybe I should read it again, eh?"

Volunteering to be the test case poster child?

 

[Hkmp5sd]

So if I where to travel across state lines to sell a gun to someone, and we meet at an FFL's place and he does the transfer would that be legal?

Yes. You deliver the gun to the FFL. He transfers it to the buyer.

 

[Graystar]

SaxonPig is correct. No way no how can you buy or sell a handgun from or to a non-FFL in another state.

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

As for Zundfolge's question, the answer is...maybe.

Federal law allows you to *travel* across states with your guns and allows for reasonable rest stops. There's nothing in there about stopping at a gun shop and disposing of the weapon. For that you have to check the laws in both your state and the purchaser's state. That's because one of the laws conditions is that possession of the weapon be legal at the place of origin and at the destination.

Take New York for example. You can travel through with your guns, but no gun shop will take your guns from you. That is because NYS places additional requirements on the acquisition of weapons. Dealers can only receive guns from other dealers or from NYS licensees (such as myself ) Trying to transfer your gun will simply get the cops called in on you. You *will* be arrested.

Likewise, as a citizen of NYS, I cannot simply go to some other state and dispose of my weapon to a dealer. The transfer of any of my guns must be approved by the state licensing commission first. I am only allowed to transfer the weapon to a dealer or another NYS licensee.

So the hand delivery part can get tricky. However, I think that in the majority of the states you wouldn't have a problem just taking the gun across state lines to a gun dealer and disposing of it there.

 

[Doc]

So if my local FFL insists that an out state seller send a pistol FROM an FFL, is that necessary?

(My local shop has a gun I bought from an outstate seller which he shipped to my FFL, but now my FFL wants his FFL to send a license. Is this necessary?)

 

[Graystar]

So if my local FFL insists that an out state seller send a pistol FROM an FFL, is that necessary?

In New York it is necessary. Not so for other states. I've overnighted handguns to FFLs when I wasn't living in New York. It all depends on whether the state has imposed additional requirements on dealers.

Just ask your FFL if that's due to state law. He might also just want to make sure he's not dealing with stolen guns.

 

[TheOtherOne]

Ugh. Stupid laws.

Well, I would sale a gun in person to anyone in my state that had the money and didn't say they were a felon or under 21. You don't have to ask for state I.D. to prove they are a resident or anything.

 

[Hkmp5sd]

You don't have to ask for state I.D. to prove they are a resident or anything.

It is generally a good idea to ask for ID when selling a firearm to someone you do not know and to record that information for your files. You can be arrested for selling a gun to someone that cannot legally possess it if you knew or had some idea they were prohibited, whether felon, out of state or underage.

The key here isn't what you "knew" but what the jury perceived that you knew prior to the sale. Do some basic CYA and keep records of your firearm purchases and sales.

 

[Sergeant Bob]

Standing Wolf

I didn't see anything about any of those laws in the Second Amendment. Maybe I should read it again, eh?

Doesn't it fall under the infamous "Interstate Commerce Clause"?
Although I read that one too, and can't find anything that says I can't go 8 miles down the road (across the Indiana line) to my buddy Ray's house and sell him my 30-30.