Inter-State Transfer

[Tom-C]

Hi,

A little different take on the inter-state transfer question. I do not have a FFL. If someone from another state is visiting and she want to buy one of my pistols, I know the transfer has to go through an FFL.

Does an FFL in my state need to ship to a FFL in her state?

Can I ship direct to the FFL in her state?

Can she bring a copy of the receiving FFL’s license (with their knowledge and permission) and hand carry the pistol to that FFL for transfer?

 

[NavyLCDR]

1. Does an FFL in my state need to ship to a FFL in her state?

2. Can I ship direct to the FFL in her state?

3. Can she bring a copy of the receiving FFL’s license (with their knowledge and permission) and hand carry the pistol to that FFL for transfer?

1. No

2. Yes

3. No, you would violate 18 USC 922 (a)(5) and she would violate 18 USC 922 (a)(3) by doing so.

Now, here's a twist on question/answer #3, and I don't know the answer...
What if the seller granted the buyer special power of attorney to act on their behalf to transfer the pistol? During the transportation back to the buyer's state and delivery to the FFL, the buyer would be acting as the seller's attorney in fact. Hmmmm.

 

[mgkdrgn]

1. No

2. Yes

3. No, you would violate 18 USC 922 (a)(5) and she would violate 18 USC 922 (a)(3) by doing so.

Now, here's a twist on question/answer #3, and I don't know the answer...
What if the seller granted the buyer special power of attorney to act on their behalf to transfer the pistol? During the transportation back to the buyer's state and delivery to the FFL, the buyer would be acting as the seller's attorney in fact. Hmmmm.

Hmmmm, lets see ... risk a felony charge to save a couple of bucks in shipping. Sure, sounds good to me, where do I sign?

Won't catch me dancing on the head of that pin.

 

[Quiet]

1. No

2. Yes

3. No, you would violate 18 USC 922 (a)(5) and she would violate 18 USC 922 (a)(3) by doing so.

What he said.

 

[Frank Ettin]

To expand a bit on point 2:

It's legal for the transfer FFL in another State to receive shipment of the gun for transfer from a non-FFL. However, some FFLs, as a matter of business policy, will not. Also, some FFLs who will accept shipment of a gun for transfer from a non-FFL will want certain, specific documentation with it -- most commonly a copy of the transferor's driver's license.

It's a good idea to work out all these details with the transfer FFL before shipping the gun.

 

[Bubbles]

Now, here's a twist on question/answer #3, and I don't know the answer...
What if the seller granted the buyer special power of attorney to act on their behalf to transfer the pistol? During the transportation back to the buyer's state and delivery to the FFL, the buyer would be acting as the seller's attorney in fact. Hmmmm.

Shipping a pistol costs an FFL $25-30. I don't think you could get an attorney to draft a POA for anywhere near that.

 

[NavyLCDR]

Shipping a pistol costs an FFL $25-30. I don't think you could get an attorney to draft a POA for anywhere near that.

Free in the military. I was simply musing over the legality of it.

 

[gbran]

I live in CA. Dad lives in NV. Can I take one of my guns into an FFL in NV and transfer it to him?

 

[Twmaster]

Shipping a pistol costs an FFL $25-30.

Not even that when shipped via USPS. (FFL to FFL)

 

[Frank Ettin]

I live in CA. Dad lives in NV. Can I take one of my guns into an FFL in NV and transfer it to him?

If the transfer FFL in Nevada is agreeable.


Sent from my iPad using Tapatalk HD

 

[gbran]

Thanks