Legal for non-FFL resident to ship rifle to resident IN SAME STATE.

[TGT]

DO I UNDERSTAND IT, THAT IF I SELL A LONG GUN TO A RESIDENT OF THE SAME STATE, THAT I MAY SHIP IT DIRECTLY TO HIM? (I reside in Texas.)

I was reading an auction sights guide lines to selling and shipping a rifle.
The information was conflicting being that in one instance they show a BATF clause (posted below)that evidently says it is OK for a non licencensee to ship to any John Doe in the same state. Yet in another instance said only an FFL can transfer it to the John Doe.

Here are the two conflicting quotes from the auction sight:

(B9) May a nonlicensee ship a firearm by carrier?
A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31

....and...from the same auction sight:

The most important thing to know is that you must only ship guns to a licensed dealer. If the buyer is not a licensed dealer, he will have to make arrangements with a dealer in his state to ship the item to.

Does anybody know if non-ffl to non-ffl within the same state is OK?
There are no other state laws or rules in TEXAS that I would need to conform to.

 

[wdlsguy]

Q: "May a nonlicensee ship a firearm through the U. S. Postal Service?"

A: "A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns 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."

http://www.atf.gov/firearms/faq/faq2.htm#b8

Q: "May a nonlicensee ship a firearm by carrier?"

A: "A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]"

http://www.atf.gov/firearms/faq/faq2.htm#b9

 

[TGT]

Thanks for the info...

That's a definite verification of a "Yes". Somehow, I never imagined it would be OK for just any John Doe to send a rifle or shotgun to any John Doe interstate being it would preclude the Brady check. But I guess, its no different when we sell a rifle privately, which is perfectly legal.

 

[BostonGeorge]

Absolutely, it is the same as doing a face-to-face deal. Unless your state regulates transactions between private parties (which it doesn't,) you're good to go. Same goes for a handgun as well.

 

[wdlsguy]

to any John Doe interstate

Um, you meant to write intrastate, right?

 

[CentralTexas]

In Texas

other states can be different. I have done it but copy the postal regs, take them with you and get ready to speak to a supervisor. Happens every time I have done it.
CT

 

[Smoke]

but copy the postal regs, take them with you and get ready to speak to a supervisor.

Or even be flatly refused. Many people you might try to buy from won't invest the time to confirm this and ship to you in-state.

I've had to pay shippping and a transfer fee from an individual in-state.

The exception here is if it is an FFL holder selling a gun, he cannot ship it to you.

Smoke