Buying gun by shipping it to yourself???

[M1911]

Interstate long gun sale are allowed by federal law provided that the transfer is face to face. It can go private seller to individual or dealer to individual. Feds consider it interstate commerce and do allow this transfer.

Jeff, this is incorrect. You can not do a private transfer across state lines, even for long guns. You may purchase a long gun from an FFL dealer in a different state. If you go to the BATF's FAQ, questions B1 and B2, it reads:

(B1) To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his or her state, if the buyer is not prohibited by law from receiving or possessing a firearm, or to a licensee in any state.

(B2) From whom may an unlicensed person acquire a firearm under the GCA? A person may only buy a firearm within the person's own state, except that he or she may buy 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.

You can not do a private party transaction across state lines.

 

[Jeff OTMG]

Looks like you are correct M1911. I could have sworn that deals like that were going on at the Louisville gun shows I use to go to. Louisville is right on the border with Ind. and a lot of guys from there go to the Ky. shows. I see lots of illegal long gun activity.

 

[Gewehr98]

I did just that with a Swedish Mauser.

But I cheated. I mailed it to myself. I used my C&R FFL to purchase it in Omaha, Nebraska, then ship it UPS to my home address (listed on the FFL copy) in Florida.

Dunno if I'd want to try it without the FFL license, though.

 

[pogo2]

Let's assume that a resident of state A goes to state B and buys a handgun from a non-FFL resident of state B. Let's further assume that this transaction is legal under the state laws of state B. This would be the case in Georgia or Arizona, to name 2 states.

I believe that thus far, no Federal law has been violated, because we do not yet have interstate commerce.

But when the resident of state A goes back to state A with his newly-acquired handgun, he violates the Federal law in question the moment he crosses the state line. This is because we now have interstate commerce, and the Federal law now has effect. The Constitution prevented the Federal law from controlling a transaction entirely within a given state.

Now if the handgun buyer from state A did not transport his new gun home, but left it permanently in a storage box he rents in state B, has he violated any Federal law? I don't think so, because he never returned to his home state with it.

How about this? The buyer goes from state B to state C and sells the gun. Has he violated a Federal law? I don't think so, because again, he has not returned to his home state A with the gun.

If I read the law correctly, the action prohibited is bringing the gun back into your home state.

 

[pogo2]

Text of GCA 1968 law

Here is a little more on this subject. If you go to the BATF link below you can read the complete text of the GCA of 1968:

GCA 1968 text

The passages relevant to this discussion are the following:

The Gun Control Act of 1968, Public Law 90-618
§ 922. Unlawful acts

(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 except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Notice that the law says the illegal act is to "transport into or receive in the State where he resides". This is my basis for saying that the act of purchasing the handgun in another state is not the violation, but the subsequent act of transporting the handgun back to your state of residence.

Also note that the seller is only prohibited from selling to an out-of-state resident if he "knows or has reasonable cause to believe" that the person is a non-resident". If he is honestly ignorant of this fact, he has broken no Federal law.

 

[EnfieldIII]

Thanks guys, you've given me a headache. I wonder what other Fed laws I've "come close to" violating?

Where do I send off for my complete set of CFRs?
It would seem I have much studying to do.