It funny, I just asked this same question (with minor differences) to the Tennessee Firearms Association web site and got a considerably different response from the lawyer / moderator who specializes in gun law.
I don't see any exception for rifles but I may have missed it.
My friend is receiving a gifted rifle from another state and wants to go there to pick it up and make the transfer in that other state. According to this, he is not able to do that nor is he able to take it back to Tennessee and make the transfer here. The rifle has to be shipped to a licensed person or dealer here for the transfer to be made.
Here is the post and response:
But what about a rifle, given as a gift, from another state to be brought back to Tennessee by the person receiving the gift.
I am quite sure that it has to go through an FFL also but the question is can that FFL be from the state the rifle is coming from?
For instance, can the person who is receiving the gift go to the other state and then go to an FFL dealer with the people who are giving him the gift and make the person to person transfer and then take it back to Tennessee?
Thanks for any help.
No. The firearm, if it crosses state lines as part of a transfer such as a gift,
must go through a licensed dealer in the state of residence of the recipient. Its stupid but that's it.
Here are parts of the ATF's reference guide that address this:
27 CFR § 478.30 Out-of-State disposition of
firearms by nonlicensees.
No nonlicensee shall transfer, sell,
trade, give, transport, or deliver any firearm
to any other nonlicensee, who the
transferor knows or has reasonable cause
to believe does not reside in (or if the person
is a corporation or other business
entity, does not maintain a place of business
in) the State in which the transferor
resides: Provided, That the provisions of
this section:
(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm
to, or any acquisition by intestate succession
of a firearm by, a person who is permitted
to acquire or possess a firearm
under the laws of the State of his residence;
and
(b) shall not apply to the loan or rental
of a firearm to any person for temporary
use for lawful sporting purposes.
Sections from ATF Publication 5300.4
(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?
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)]
(B7)
May a nonlicensee ship a firearm
through the U.S. Postal Service?
A nonlicensee may not transfer a
firearm to a nonlicensed resident of
another State. A nonlicensee may
mail a shotgun or rifle to a resident of
his or her own State or to a licensee
in any State. The Postal Service recommends
that long guns be sent by
registered mail and that no marking of
any kind which would indicate the
nature of the contents be placed on
the outside of any parcel containing
firearms. Handguns are not mailable.
A common or contract carrier must be
used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and
922 (a)(2)(A)]John Harris
Executive Director
Tennessee Firearms Association, Inc.
Attorney