Interpretation of ATF Transfer rules.

[justin 561]

I need a little help understanding exactly what this legal mumbo jumbo means exactly. In my eyes I understand it to mean that I'm able to buy a rifle/shotgun from a resident and it has to be shipped to a FFL Or would it be the same as a Face to face transfer and go directly to my home? Please anyone who speaks mumbo-jumbo you're very much needed. Thanks.

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?

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]

 

[newfalguy101]

Not totally sure what you are asking, but will try to clarifly the "mumbo jumbo".

1st rule of reading legalease is to remember that each sentence means exactly what it says, no more and no less, AND most importantly, each sentence is a stand alone idea.

1) An unlicensed person can sell/transfer ANY type of firearm to a RESIDENT of their own state

2) An unlicensed person can LOAN a firearm to a resident of any state, temporarily ( think loaning your from out of state buddy a rifle during hunting season )

3) An unlicensed person can sell a firearm to ANY license holder in any state.
3A) An unlicensed person can NOT sell a NON C&R gun to a person holding a C&R license living outside of his homestate.

The next section basically says"

An unlicensed person can buy ANY firearm from ANY RESIDENT of his homestate, OR from ANY licensed person AT that persons place of business when out of state.

 

[brboyer]

I need a little help understanding exactly what this legal mumbo jumbo means exactly. In my eyes I understand it to mean that I'm able to buy a rifle/shotgun from a resident and it has to be shipped to a FFL Or would it be the same as a Face to face transfer and go directly to my home? Please anyone who speaks mumbo-jumbo you're very much needed. Thanks.

You are a resident of Florida, so you may sell/purchase any firearm to/from another Florida resident (18 years or older) as long as you do not know (or have reason to believe) they are a prohibited person and the sale/purchase takes place in the state. No FFL involvement is necessary. You can mail rifles/shotguns within the State to anyone. Other firearms cannot be sent US Mail, you have to use another carrier.

You may purchase any firearm from any person in any state. The firearm must be sent to an FFL in Florida for transfer to you. You must be 21 to receive a handgun from an FFL.

You may sell/purchase a rifle/shotgun while in any other State from a resident of that State. The transfer must take place at an FFL in that state and the laws of both states must be followed.

NOTE: Title II firearms have special regulations/registration/tax rules that are not covered here.

 

[NavyLCDR]

You may sell/purchase a rifle/shotgun while in any other State from a resident of that State. The transfer must take place at an FFL in that state and the laws of both states must be followed.

The transfer of a rifle or shotgun can take place at an FFL in ANY state, so long as the laws of both the FFL and the recipient of the firearm are followed.

You are a resident of Florida, so you may sell/purchase any firearm to/from another Florida resident (18 years or older) as long as you do not know (or have reason to believe) they are a prohibited person and the sale/purchase takes place in the state. No FFL involvement is necessary. You can mail rifles/shotguns within the State to anyone. Other firearms cannot be sent US Mail, you have to use another carrier.

Correct....which is what I think the OP was asking about.

 

[brboyer]

You may sell/purchase a rifle/shotgun while in any other State from a resident of that State. The transfer must take place at an FFL in that state and the laws of both states must be followed.

The transfer of a rifle or shotgun can take place at an FFL in ANY state, so long as the laws of both the FFL and the recipient of the firearm are followed.

Are you implying that a transfer may legally occur in State C, when the seller is a resident of State A and purchaser is a resident of State B? Interesting, never considered that situation.

 

[Bubbles]

Are you implying that a transfer may legally occur in State C, when the seller is a resident of State A and purchaser is a resident of State B? Interesting, never considered that situation.

Yes, this is legal, as long as the laws of State A, State B, and State C are also followed.

 

[NavyLCDR]

Are you implying that a transfer may legally occur in State C, when the seller is a resident of State A and purchaser is a resident of State B? Interesting, never considered that situation.

Yes, this is legal, as long as the laws of State A, State B, and State C are also followed.

Respectfully, there is no legal requirement for the state laws of State A to be followed in this case.

Here's a situation where this might occur... I, a Washington resident travel to Idaho to hunt. Joe, a Wyoming resident, travels to Idaho to hunt. At the end of the hunt, Joe says to me, "Hey, I love that rifle, I wish I could buy it!" I reply, "I want a new rifle, I will gladly sell you this rifle!"

So Joe and I go to Jack's Pawn Shop in Boise, Joe hands me the money, I hand the rifle to Jack, Jack has Joe fill out the 4473, calls NICS, hands Joe the rifle. All done and legal. In that case, the laws of Washington state have no bearing on the transfer, only the laws of Idaho and Wyoming must be followed.

 

[brboyer]

Respectfully, there is no legal requirement for the state laws of State A to be followed in this case.

Yeah, I went back and actually read 18 USC 922 again....I have a headache now, again!

 

[justin 561]

Okay, let me clarify my question a bit.

Example:
I sell a rifle/shotgun online to someone in miami and it is too far for us both to drive for a face to face sale, so I decide I will ship it to him.

Can I ship it directly to his house instead of sending it to a FFL to be transferred since he is a resident of the same state?

 

[brboyer]

Okay, let me clarify my question a bit.

Example:
I sell a rifle/shotgun online to someone in miami and it is too far for us both to drive for a face to face sale, so I decide I will ship it to him.

Can I ship it directly to his house instead of sending it to a FFL to be transferred since he is a resident of the same state?

Yes. Since both of you are in Florida and are residents of Florida and assuming neither of you are prohibited from owning/possessing said firearm under Federal or State law.

 

[justin 561]

Ok, I got it now, thanks for the help fellas.