How does purchasing a pistol from a private sale out of state work?

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CountGlockula

CountGlockula

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Have you guys ever bought firearms out of state through a private party sale? I was wondering if both FFL dealers have to do the transfer/paper work. So far, I've bought straight from dealers, but not regular folks. Please share your experience.
 
If you're talking about an internet puchase, I think it has to go through an FFL on both ends. If it is face to face, it is legal to pay cash and forgo the paperwork. It would be smart for each of you to do a Bill of Sale for your records.
 
I just did this with a guy here on THR.

The seller takes the gun to THEIR FFL, who ships it to YOUR FFL. Both the shipping and receiving FFL get a copy of one anothers' licenses in the transaction. Simple as that. Shipping costs include the shipping FFL, and the buyer pays his FFL for the transfer fee.
 
The FFL I do business with doesn't require the shipper to use an FFL. I don't pretend to know the law, but common sense would be to only check the record of the buyer.:uhoh: I'm sure I'll be called to task if this is incorrect, I just can't see any reason to have a FFL do the shipping!:confused:
 
The ATF only require the buyer to receive the pistol from an FFL. The seller may legally ship the pistol directly to the buyers FFL. However, many FFLs will not accept a transfer unless it comes from another FFL.
Best to check with your FFL first to avoid any problems.
 
If it is face to face, it is legal to pay cash and forgo the paperwork. It would be smart for each of you to do a Bill of Sale for your records.
Click to expand...
Not true, if it is an out of state transaction, you may not legally buy private sale firearms. However, IIRC out of state you may be long arms from a FFL ONLY, and pistols must be shipped to a FFL in your state, private or FFL sale.
 
Not true, if it is an out of state transaction, you may not legally buy private sale firearms. However, IIRC out of state you may be long arms from a FFL ONLY, and pistols must be shipped to a FFL in your state, private or FFL sale.
Click to expand...

Say I live near a state line and I have a freind that lives accross the border. Can't I buy from them just the same as if we live in the same state?

Maybe there is an FFL on here that can answer.
 
To do this legally in CA, you need FFL's on both sides because you first need your CA-FFL to send a copy of their FFL license to the out-of-state Seller's FFL.

Only after the seller's FFL has been received this can the firearm be transferred to the CA FFL. Only at this point can the DROS and wait period begin.

This is for private party transactions. To purchase firearms from out-of-state gun distributors, they can transfer new guns directly to your CA-FFL.

These are the only methods to legally purchase firearms into Califoria from out-of-state. Of course CA banned guns and items (hi-cap mags) are still not allowed. The good thing is that 'used' guns do not apply towards your 1-every-30-days limit for new pistols.
 
The ATF only require the buyer to receive the pistol from an FFL. The seller may legally ship the pistol directly to the buyers FFL. However, many FFLs will not accept a transfer unless it comes from another FFL.
Best to check with your FFL first to avoid any problems.
Click to expand...

+1
 
The ATF has NOTHING better to do than bust people who decide to break Federal laws even a little bit. FTF handgun sales are legal only for folks in the same state, even if you are "good friends". Joe
 
Say I live near a state line and I have a freind that lives accross the border. Can't I buy from them just the same as if we live in the same state?
Click to expand...
(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

http://www.atf.treas.gov/firearms/faq/faq2.htm#b2
 
My FFL accepted a shipment direct from the seller on my last internet purchase. Some don't like to do that, but they are allowed (at least in VA).
 
I have lately taken to calling the importer (EAA, Russian American Arms etc.) and having them verify the weapon I want is in stock and then have my FFL call the importer and order what I want. I've done this a couple of times now with each of the above importers and on both occasions of the second purchase the sales manager of the importer went to their inventory and personally hand picked a nice one and gave me the serial number for my FFL to order that weapon specifically. It has done me well.
 
What's with the sudden influx of "getting a gun from out of state" questions?

Reader's Digest version of above posts...

Face to face sales are legal only with another person from your state of residence, no matter how close to the state line you may live.

All sales that cross state lines must be through an FFL.

The selling party may ship directly to an FFL when selling a firearm. Even though it is perfectly legal (as spelled out on the ATF's very own FAQ page) some FFLs still don't like it and won't do it. Check with your's before making any buying commitments.

Brad
 
To add to Brad's post, One advantage? of having a FFL on each end of the transaction is that the handgun can be sent via USPS. (A non-FFL has to use UPS/FedEx and the rate is much higher). Of course the fee that the shipping FFL charges may offset any savings in the actual transportation costs.

It's worth checking out......
 
AFAIK you can't legally do a FTF handgun transaction between two parties living in different states. Long gun transactions between two parties living in different states are legal as long as the selling party is an FFL and the transaction occurs at their official business location. Even then, many FFL's refuse to sell long guns to out of state residents.
 
The ATF only require the buyer to receive the pistol from an FFL. The seller may legally ship the pistol directly to the buyers FFL. However, many FFLs will not accept a transfer unless it comes from another FFL.
Click to expand...
What is the reason for that? Anyone know?
 
Many FFL dealers won't accept a shipment from a private party because they are afraid of getting a stolen gun or afraid of some BATFE scam. In other words, they won't take a chance with their licenses. Having the gun come from an FFL dealer gives them a higher level of assurance that things are OK.

Jim
 
CWL said:
To do this legally in CA, you need FFL's on both sides because you first need your CA-FFL to send a copy of their FFL license to the out-of-state Seller's FFL.

Only after the seller's FFL has been received this can the firearm be transferred to the CA FFL. Only at this point can the DROS and wait period begin.

This is for private party transactions. To purchase firearms from out-of-state gun distributors, they can transfer new guns directly to your CA-FFL.

These are the only methods to legally purchase firearms into Califoria from out-of-state. Of course CA banned guns and items (hi-cap mags) are still not allowed. The good thing is that 'used' guns do not apply towards your 1-every-30-days limit for new pistols.
Click to expand...
In addition, for CA, if the firearm is a handgun, it needs to be on the CA DOJ approved list.

Also, starting 01-01-2008, the out-of-state FFL must get approval from CA DOJ prior to shipping the firearm to a CA FFL [CA Penal Code 12072(f)(1)(A)].
 
Many dealers don't like taking private shipments because of their bound book.

You see, in this piece of Mandatory ATF paperwork, there's a spot for who they received the gun from. If a package shows up at their shop with no FFL and no other proper ID, they have no 'real' entry to put in that spot and that, my friends, is a Technical Violation of Federal Law. Not something they have on their short list of 'Things I'd like to do before going to jail or losing my license (FFL).'
 
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