C&R Legal Question

[teCh0010]

Ok, I have an 03 FFL and I order 2 curio and relic eligible rifles, but I only want to keep the best one. Is it legal for me as a resident of Tennessee to sell a long arm to a resident of Mississippi as long as he comes to my residence?

§ 178.96 Out-of-State and mail order sales. (c)(1) A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a non-licensed resident of a State other than the State in which the licensee's place of business is located if -

i.) The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun;
ii) The licensed importer, licensed manufacturer, or licensed dealer complies with the provisions of § 178.102;
iii) The purchaser furnishes to the licensed importer, licensed manufacturer, or licensed dealer the firearms transaction record, Form 4473, required by § 178.124; and
iv) The sale, delivery, and receipt of the rifle or shotgun fully comply with the legal conditions of sale in both such Sates.

As far as I can tell it is legal, I could not find any state laws preventing it. The transaction just needs to take place at my home and I need to document it in the same manner I would any other sale from my collection.

 

[ocabj]

On the Federal level it is fine.

The laws for your state of residence and the state of the residence of the buyer are what you need to be aware of. Assuming it is legal for you to transfer a firearm to an out of state person and it is legal for that person to purchase a firearm outside of that person's state of residence, then I would say it is legal. You should contact your state DoJ and the state DoJ of the buyer.

If the buyer has a C&R license, then it should be completely legal.

 

[valdez27]

Most states have a contiguous/adjacent/border state agreement that allows you to buy weapons in another state, but I am not sure about transfer to a an FFL or C&R licensee in another state. I am in the same problem I work in Missouri but live in Illinois, and want to have a gun shipped to a license holder in Missouri and then transfer it to me on my way home. From what I have read this is legal. Anyone know for sure? Or as stated before probably best to just contact the ATF department of your state.

JMac

 

[striker3]

Rules for Unlicensed Persons

(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.

Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms).

ATF FAQ

I do not know how a C&R collector is considered for this part.

And here is the section about FFL transfers to out of state residents

(F2) May a licensed dealer sell a firearm to a nonlicensee who is a resident of another state? [Back]

Generally, a firearm may not be lawfully sold by a licensed dealer to a nonlicensee who resides in a state other than the state in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser's state of residence and the purchaser takes delivery of the firearm from the dealer in his or her state of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the state where the licensee's business premises is located in an over-the-counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides and provided the sale complies with all applicable federal laws. [18 U. S. C. 922( b)( 3)]

ATF FAQ

That seems to be a pretty clear cut directive from the ATF for once.