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Has anyone submitted an Interstate private transfer request?

Discussion in 'NFA Firearms and Accessories' started by SharpsDressedMan, Dec 25, 2012.

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  1. SharpsDressedMan

    SharpsDressedMan member

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    I'm wondering if BATF would approve a contigious state transfer. Anyone ever tried it, or been "formally" rejected, not just told on the phone?
     
  2. AlexanderA

    AlexanderA Member

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    "Contiguous state" transfers have not been relevant since the FOPA of 1986. Under that act, long guns (rifles and shotguns) can be purchased from FFL dealers in any state (not just contiguous states), provided the laws in both the purchaser's and the seller's states are complied with. In any case, this doesn't apply to NFA items. As a buyer, for an interstate sale, you have to use an FFL/SOT in your home state, unless it's a C&R and you have a C&R FFL, in which case it can be shipped directly to you. Prior ATF approval and payment of the transfer tax is required. These rules are well understood. ATF doesn't appreciate people playing games with it.
     
  3. gfpd707

    gfpd707 Member

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    Forgive my ignorance but are you saying that if the laws of my state are followed I can purchase a long gun from any state touching mine.
     
  4. Sam1911

    Sam1911 Moderator

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    Several things going on here. First off, this is the NFA forum. So SharpsDressedMan is asking about transferring a machine gun, silencer, short-barreled rifle, short-barreled shotgun, AOW, or destructive device.

    Setting that aside, federal law does indeed allow a resident of one state to purchase (and carry home with him/her) a shotgun or rifle FROM A DEALER in ANY other state. (Handguns can only be purchased and taken home with you within your own state.) The "contiguous states" provision that used to be on the books went away decades ago.

    You cannot purchase a firearm from a (non-dealer) resident of another state AT ALL without going through an FFL dealer.
     
    Last edited: Dec 30, 2012
  5. AlexanderA

    AlexanderA Member

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    Just to clarify, the out-of-state purchase of a rifle or shotgun from a dealer must be done in a face-to-face transaction at the dealer's place of business. In other words, you can't mail-order guns from out-of-state dealers. Or rather, you can, but they must be shipped to an FFL in your home state. None of this of course applies to NFA-regulated items, which go by their own rules.
     
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