Non-FFL Person Selling Handgun To Person In ANother State

[Evergreen]

I am selling a 22LR handgun right now and I had a few legal questions about selling a handgun to someone out of the state I am, which is Oregon. Can people tell me the laws and precautions I should take in selling a gun to someone in another state.

There are a few questions that immediately pop up in my mind:
1. How am I required to ship the gun?
2. How do I prove the person is a legal age and legally allowed to own the gun? Would the FFL on their side take care of all these issues?
3. How can I verify if an FFL is truly legitimate?

Please , if people here can tell me all the different legal requirements to allow for a legal sale, I would appreciate it. I know some of the basics of doing it, but I have never done it before.

Thanks.

 

[w_houle]

1. How am I required to ship the gun?

Since it's not a long gun, you cannot ship it through the post office. If you find a good FFL, they should be able to send it for about $13. You can send it through UPS or FedEx, but will cost a lot more
Edit: Do not listen to an FFL that says to merely list the items as parts: It doesn't matter how far you strip it, you send a receiver... you send a gun.

2. How do I prove the person is a legal age and legally allowed to own the gun? Would the FFL on their side take care of all these issues

Yes, that will be up to the FFL that receives it

3. How can I verify if an FFL is truly legitimate?

https://www.atfonline.gov/fflezcheck/

Might be best all around to just find a local shop to send it. I know that isn't the easiest thing to do, but some FFL dealers have been known to get sketchy when it comes to receiving guns from people not FFLs

 

[bushmaster1313]

Very important not to send it through the U.S. Mail

 

[Shadow 7D]

http://www.thehighroad.org/showthread.php?t=354661

It's stickyed over in handguns
ATF has most of the basics, and it really is much cheaper for a FFL to ship it, cause, UPS and FEDEX require air/nextday, and special handling, ends very expensive.

 

[Art Eatman]

The receiving FFL should send a signed copy of his license so the number can be given to the shipping agency (whether Big Brown or FedEx). That shipper then puts the last four digits of the license number on the outside of the package. That's the way the process went for me when I bought an out-of-state rifle from an individual, through a local dealer.

 

[dogtown tom]

Art Eatman The receiving FFL should send a signed copy of his license so the number can be given to the shipping agency (whether Big Brown or FedEx). That shipper then puts the last four digits of the license number on the outside of the package. That's the way the process went for me when I bought an out-of-state rifle from an individual, through a local dealer.

Art, giving the receiving dealers FFL to the shipper is not required under Federal law or the tariffs (shipping policies) of Fed Ex or UPS.
That such proof would be needed is the figment of some clerks imagination.

UPS http://www.ups.com/content/us/en/resources/ship/packaging/guidelines/firearms.html?srch_pos=3&srch_phr=handgun
FedEx (see pg 142)http://www.fedex.com/us/services/pdf/SG_TermsCond_US_2009.pdf

Evergreen: make sure the buyers FFL will receive from a nonlicensee. Federal law allows you to ship it yourself, but some dealers are terrified of shipments from someone other than another dealer.
As mentioned earlier, a firearms dealer can mail a handgun (you cannot). Mailing a handgun costs less than half of shipping it FedEx/UPS.


.

 

[Bubba613]

What Dogtown said.
I am less and less inclined to hand out copies of my ffl as the number of EZCheck should suffice. Actually better because presumably ATF keeps the database up to date so if one is revoked or not renewed it will show up immediately.

 

[nalioth]

The receiving FFL should send a signed copy of his license so the number can be given to the shipping agency (whether Big Brown or FedEx).

The sending of the "signed copy" is only required for dealer-to-dealer interactions.

Lots of dealers are shying away from sending copies to non-dealers, and are sending a subset of their numbers instead (which can be checked via EZCheck).

Here's a more up to date "how to", with links to the appropriate laws and so forth:
Shipping a gun - who, how, where, when and why

 

[Jim K]

Do NOT send ANY gun to a dealer "cold". The dealer has to record every gun he receives, and its source, and getting a package with a gun in it with no shipper's identity and no prior arrangement can mean trouble. One dealer I know received just such a package. He was about to turn it over to BATFE for possible destruction when some guy he never saw before wandered in and asked about the rifle he sent as a present to his father-in-law. He just picked the dealer's name off the internet and mailed the gun - no FFL copy, no phone call, nothing.

Jim

 

[Bubba613]

Gee, that never happens. /sarcasm off.

I can't count how many times I have gotten a gun in a box. No paperwork. No indication who it belongs to. Just a gun in a box. Sometimes just dropped on my front porch.
Eventually it got worked out. But for people wondering why some FFLs only accept from an FFL, there you have it.

 

[dogtown tom]

Bubba613 Gee, that never happens. /sarcasm off.

I can't count how many times I have gotten a gun in a box. No paperwork. No indication who it belongs to. Just a gun in a box. Sometimes just dropped on my front porch.
Eventually it got worked out. But for people wondering why some FFLs only accept from an FFL, there you have it.

I have more "problem" shipments like that from FFL's than from nonlicensee's.

 

[Evergreen]

Thanks for all the good information. I have found an FFL who says he will do the transfer for me for $10.00 plus the shipping. I think he said he will ship it Priority mail to the receiving FFL. He even said he would take care of all the boxes and packaging. I have sold some ammunition and magazines on gunbroker, as well as some rifles and pistols locally, but I have never sold a gun across state lines. I am learning, but I suppose transferring it from one FFL to another is the best option.

 

[nalioth]

I suppose transferring it from one FFL to another is the best option.

"Best" depends upon a great many things.

 

[NavyLCDR]

Best = cheapest way to legally accomplish the task. In my dictionary anyway.

 

[Art Eatman]

I'm out-of-date. Pre-EZCheck, okay?

At least I have a push-button phone, not a rotary dial. And I've heard about cell phones.