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Getting gun from one state to another.

Discussion in 'Legal' started by Thursday45, Apr 16, 2013.

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  1. Thursday45

    Thursday45 Member

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    I can't remember, did anyone touch on whether my mother, who now possesses the firearms, could bring them to me in MT and then we go to an FFL here and have them transferred? Do they have to be shipped if they go through an FFL in my state? The way the read the law is 1) I can't go and get the guns in WA 2) they have to be transferred to me by a FFL but it doesnt say how the guns have to arrive at the FFL 3) there are regulations against transporting firearms across state lines but its not prohibited. So she can legally bring the guns to MT, once they are legally here in MT would it be legal to have an FFL transfer them to me?
     
  2. Frank Ettin

    Frank Ettin Moderator

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    The question didn't come up, but it would be perfectly legal to do it that way.

    The only caveat is that some FFLs, as a matter of business practice, don't want to do it that way. That's the prerogative of the FFL.

    So the thing to do is, before hand, scout out some FFLs who are convenient to you, preferably ones with whom you've done business. Discuss what you want to do and see if an FFL is agreeable. Work out the details before hand. That way you can avoid unpleasant surprises and unnecessary complications.
     
  3. Thursday45

    Thursday45 Member

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    Well that's how I'll do it then. As chance would have it she's actually coming out next month to see the grand kids. Hopefully my LGS is up for it. They didn't seem to worried about it when I talked to them. Their opinion was no transfer was needed but if I wanted to put my mind at ease about it they'd do all of them for $15. That was when we were talking about having them shipped though.
     
  4. Frank Ettin

    Frank Ettin Moderator

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    If your LGS has any questions show them this thread. Sam and I have laid it all out pretty well.
     
  5. Thursday45

    Thursday45 Member

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    Spoke with ATF this morning, my plan to have my mother transport them here and then transfer the firearms is perfectly legal so long as she abides by all the federal laws while transporting across statel lines and they go through the FFL when they get here. He did suggest I still send them FFL to FFL though. Didn't say why, just that it was easier. Doesnt sound easier to me. Sounds like a nightmare. My local FFL is going to call me back if they will be okay with it.
     
  6. Frank Ettin

    Frank Ettin Moderator

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    Not sure why ATF has this bug about going FFL to FFL. As noted, it would be perfectly legal for your mother to hand carry the guns to your FFL for transfer to you. It would also be legal for her to do the shipping (UPS or FedEx for the handgun although USPS would be okay for long guns -- following carrier rules, of course) to the FFL.

    However, as noted, some FFLs are very particular about how they receive guns for transfer. Some, for their own reasons, don't like "walk-ins"; and some, for their own reasons, want guns for transfer shipped by another FFL.
     
  7. Thursday45

    Thursday45 Member

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    Well thanks Frank and everyone else for your help on this. Looks like all has been straightened out. One of my LGS's called back and said they would do it and that they would rather do it this way as they don't want that many packages coming in.

    Another of my LGS that said no said that they just recently got a letter form the ATF "strongly encouraging" only FFL to FFL transfers. Hopefully I can get this done before said letter and "encouragement" reaches the LGS that ok'd it.
     
  8. Sam1911

    Sam1911 Moderator

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    Hmmm... interesting. "Strongly encouraging..." eh? :)

    Well we've got a lot of FFLs here as members at THR. I'd be curious if any of them would say they got such a letter -- and if they'd be so kind as to post it?

    Remember, a gun dealer doesn't have to make any sale, or transfer, that s/he doesn't want to do. And the ATF is a great "boogeyman" to point to as to why any number of things are discouraged or illegal, as most folks have NO idea what federal law really is, and have never even seen an official document from the BATFE.

    Then, considering how many dealers really don't have these things 100% straightened out themselves? I mean, they're just guys and gals like you and me, and unless they've had their lawyer read through the entire book with them while they took notes...there's a lot of detail that gets lost and confused and misinterpreted. And after all, if some dealer in Podunk, MT says "aww, I'd just go ahead and bring 'em with me..." it's no skin off HIS nose on the vanishingly rare chance you might get busted. He's not a lawyer, and he's not YOUR lawyer. All he has to do is keep HIMSELF out of trouble.

    And an awful lot of FFL dealers have a horrendous time just doing THAT!

    (One of, if not THE, oldest gun shop in my county just got his license yanked for (apparent) problems with following the law.)
     
  9. Thursday45

    Thursday45 Member

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    Yea the thought crossed my mind that they were just using/blaming the ATF to defend their business practice. They said that they "had" to be done FFL to FFL. When I asked if that was law or their business practice they said it wasn't law and explained the letter and that they didn't want private transfers on their books because of it.
     
  10. RetiredUSNChief

    RetiredUSNChief Member

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    Yes, I bought the gun and took possession of it, which made it mine. As the legal owner, I took the gun to my brother in Virginia and we both went to a LGS and did a transfer through an FFL there. It is perfectly legal to do it this way.


    OK, piece of cake then. I'll make sure a trigger lock gets put on it and he is the only one with the keys. Actually, come to think of it, the gun comes with a lock. Two, in fact. One is for an integral locking device in the grip of the pistol and the other is a padlock which fits around the frame to prevent installing a cylinder in the pistol. (It's a Ruger Single-Six Convertable .22).

    Thanks!

    :)
     
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