FFL exemption for law enforcement

[Z_Infidel]

Does anyone know if it is legal to ship a handgun sold via private sale to a law enforcement agency without going through a FFL? I've not heard of such an exemption, and I want to be sure before going forward with a sale. Thanks for any info.

 

[Jeff White]

Yes it's legal for a dealer. I had my Kimber Warrior shipped directly to the PD. The chief or other person authorized to make that type of decision must send the dealer or distibuter a letter certifying under penalty of perjury, that the individual officer is authorized to purchase the weapon for duty use and that the officer has no convictions that would disqualify him from owning said firearm.

Many of the bigger police distributers have example letters in their catalogs or on their website.

I don't know if a private individual could ship a handgun across state lines to do that.

Jeff

 

[foob]

Hehe shouldn't said agency tell you whether it's legal or not?

 

[Z_Infidel]

Thanks for the info Jeff.

foob - the interested party is of the opinion that it is legal, but I don't know the individual personally so I'm not taking chances. I want to be sure as to not violate any laws.

I also thought of searching ATF info -- but that could take some time and be over my head. Anyone else with more solid info on this as it relates to private party sales?

 

[Hkmp5sd]

Private party sales are also included, though only to the agency, not individual LEOs. The law doesn't stipulate where the sales come from, only that LEO agencies are exempt.

4. SALES TO LAW ENFORCEMENT OFFICERS

Section 925(a)(1) of the GCA exempts law enforcement agencies from the transportation, shipment, receipt, or importation controls of the GCA when firearms are to be used for the official business of the agency. An individual law enforcement officer’s receipt and possession of firearms for use in carrying out official duties on behalf of an agency is also exempt, unless the officer has been convicted of a misdemeanor crime of domestic violence.

§ 925 Exceptions: Relief from disabilities.

(a) (1) The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.

An LEO, with documentation, can buy from an FFL in any state, but not individuals.

§ 478.134 Sale of firearms to law enforcement officers.

(a) Law enforcement officers purchasing firearms for official use who provide the licensee with a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete Form 4473 or Form 5300.35. The law enforcement officer purchasing the firearm may purchase a firearm from a licensee in another State, regardless of where the officer resides or where the agency is located.

http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm

 

[Z_Infidel]

Okay that convinces me it would be legal on the buyer's side -- going through the agency, not the individual. But I'm still not sure it's legal for me to ship it to them. My whole deal is that I don't want to be guilty of any infraction on MY end.

Anyway, we agreed to complete the sale through a FFL dealer just to avoid any nasty surprises. I feel better doing it this way, since an honest mistake on something like this could totally ruin a person's life.

Thanks for the responses.