FFL required to ship long-gun FROM south Carolina to another state??

[walker944]

I'm communicating with a private individual (through ArmsList.com) from South Carolina, from whom I'm interested in purchasing a rifle. Obviously, the rifle has to be shipped to an FFL in my state; however, the seller thinks he must go through an FFL dealer to ship it FROM South Carolina. I tried to do a Google search about this, but could only find about 100 different opinions in gun related forums(some of them really legally questionable), but no specific facts. If anyone here has specific knowledge of South Carolina gun transfer/shipping laws I'd appreciate the educated input. Also, if you could point to the legal reference, that would be helpful too. Thanks!

 

[JBP]

Firearm shipping laws are federal (BATF), not state. The seller can ship a long gun to a FFL in another state without going to a FFL in their state.

http://www.gunbroker.com/support/SupportFAQView.aspx?faqid=1118

 

[Birch Knoll]

As far as I can see, SC has no laws concerning the sale, transfer or shipment of long guns, other than enabling legislation for "contiguous state" sales.

 

[jonnyc]

However.......it seems that many FFLs will refuse to accept firearms shipments from non-FFLs. Make sure your receiving FFL will accept from a non-licensee.

 

[NavyLCDR]

other than enabling legislation for "contiguous state" sales.

And the contiguous state law has been meaningless since the requirement for it went away with a 1986 amendment to the Federal Gun Control Act.

 

[walker944]

My local FFL (whom I've been using for years) is fine with receiving from non-FFL shippers, as long as they provide a copy of their drivers license in the package.

 

[Birch Knoll]

And the contiguous state law has been meaningless since the requirement for it went away with a 1986 amendment to the Federal Gun Control Act.

Well, it's not meaningless, exactly. It does what it always did, and more. Instead of authorizing contiguous state transfers only, it now authorizes transfers between any any states.

 

[NavyLCDR]

Well, it's not meaningless, exactly. It does what it always did, and more. Instead of authorizing contiguous state transfers only, it now authorizes transfers between any any states.

Respectfully, those outdated state laws that used to be required prior to 1986 now authorize nothing. Because there is no requirement in Federal law requiring state laws to exist to authorize out of state sales/purchases. Many states have updated their statutes to completely eliminate the out of date permissive statutes with the out-of-state sales and purchases still being completely authorized.

 

[Birch Knoll]

Fair enuf.

 

[dogtown tom]

JBP Firearm shipping laws are federal (BATF), not state. The seller can ship a long gun to a FFL in another state without going to a FFL in their state.

Nope.
There are states that REQUIRE outgoing shipments to be sent by an FFL.

 

[walker944]

Thanks Tom - So, do you know if South Carolina is one of those states?

 

[mgkdrgn]

I am an FFL in SC, and there is NO requirement that a gun shipped to an FFL come from another FFL.

However, if you want your gun packed up and shipped right, and your seller is in the Columbia/Lexington SC area, send him to me! My fee for outbound shipments is $20 plus actual shipping cost.

 

[War Squirrel]

walker944, the seller's name isn't Kelvin Durham is it? That bastard scammed me out of $600 for a PSL a year or two ago. Last I heard, he was federally indicted but I'm not sure.

 

[NavyLCDR]

Nope.
There are states that REQUIRE outgoing shipments to be sent by an FFL.

Would you be able to name one state that requires a rifle or shotgun to leave the state via an FFL; mailed, shipped or hand carried?

 

[walker944]

Squirrel -- No, that's not the person....I'm sorry to hear of your loss.

mgkdrgn -- Actually, the question is about guns leaving the state....Is there a requirement that guns leaving South Carolina must be shipped via an FFL?

 

[NavyLCDR]

mgkdrgn -- Actually, the question is about guns leaving the state....Is there a requirement that guns leaving South Carolina must be shipped via an FFL?

There is no requirement in South Carolina for handguns or long guns to leave the state via an FFL. Rifles and shotguns you can mail yourself via US Post Office or ship via FEDEX/UPS to an FFL.

Handguns can only be mailed via US Post Office by FFLs to FFLs (Federal Regulations), but you can ship a handgun to an FFL by FEDEX. I think (not sure) that UPS changed their rules for handguns to allow only FFL to FFL, but not sure, they might still allow private party to FFL.