Mailing Handgun to Non-FFL Holder

[cox3497]

First, before asking my question, I'd like to say that I did search this, but wanted to ask again to make sure I've got this right. If I sell a handgun to a person within my own state, I am not required to send this gun to an FFL but can send directly to the purchasee, correct?

Is there any specific things I should ask of the purchasee before transfer just to protect us both (such as proof of age, statement that purchasee is legally permitted to own the firearm, etc.)? I have a Ruger Mark II up for sale and just want to ensure that if I sell it to someone in my own state (Idaho), I do so legally. I greatly appreciate all help. Thanks.

cox3497

 

[LOST SOUL]

Each state is different. You could always check with the ATF office in your state?

 

[mattw]

I don't think the age requirement applies to private citizen sales. Am i wrong? I'm pretty sure you're allowed to give handguns as gifts to people under 21 so why not, right?

 

[cane]

You can't use the USPS to send a pistol to a non-FFL. Nor can you mail a pistol unless you are an FFL holder.

 

[cox3497]

Gentlemen:

Thanks for the responses. They are greatly appreciated.

Lost Soul: Good advice. I will check with them.

MattW: I would think that proof of age (21) would be required as one cannot buy a pistol until this age, correct?

Cane: As far as mailing a pistol without an FFL, this is only prohibited through the USPS, correct? If I use a contract carrier (UPS), it should be good to go, correct?

Thanks for all the insight. I appreciate the help!

cox3497

 

[thatguy]

I believe that federal law is silent on in-state sales. Check state law but Idaho doesn't strike me as a state with a lot of gun control.

Non-FFLs (including C&R holders, dang it) cannot us U.S. Mail for handguns.

I would ask for a photocopy of ID.

 

[Jim Watson]

It is, I think repeat THINK, technically legal for you to ship a gun directly to someone in the same state who can legally possess it. But the post office will not mail a handgun for an American.
However, you are required to identify the contents of the package to a common carrier like UPS or Fedex and I doubt they will handle it. You can try but you may have to have him line up a dealer to recieve it.

 

[Steelharp]

Here again, the ATF regs:

(B8) May a nonlicensee ship a firearm through the U. S. Postal Service?

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.

(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]

 

[Gary G23]

I believe I would have him fax you a copy of his drivers license to verify age and a statement saying he can legally own a handgun.

 

[cox3497]

Thanks for all the responses guys! Tell you what, you can always count on this group. I appreciate your time.

cox3497

 

[Jiml3]

Just a follow up from my own personal expierence. The ATF can only advise you regarding Federal law. They do not supercede state law. I purchased a gun from a guy in Texas and informed him to send it to my FFL guy from his FFL guy.
In order to save the fee, he sent it direct to my dealer. The dealer contacted the county police to inform them he had an out of state gun without papers. They confiscated it and were holding it for 40 days before they were going to destroy it. I contacted the ATF and they said no law had been violated as far as they were concerned. I contacted lawyers and the police and was informed that state's rights took president. To make a long story short, through a lot of effort of tracing it's history back to a couple of previous owners and getting notorized affidavits from them was I allowed to take ownership. Check with your state and local laws before accepting or shipping out of state and make sure the person the other end doesn't take a shortcut.