Person to person transfer, different states of residence

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kkayser

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I wish to sell a gun to a customer from out of state. He will travel to my FFL to examine the gun. If he buys the gun I would like my ffl to transfer the gun to my customer. My FFL says that he cannot legally do this. I think he can by this regulation:

b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
..
(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.

Do I read this correctly?
 
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I bought a rifle out of state and wanted to examine first. That dealer told me he would still have to ship it to my ffl for the transfer. So... i don't know. Sorry.
 
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Second thread, same subject.

You stated on your other thread that your dealer said it would be illegal for him to do the transfer. Even if you show him the law that proves him wrong, he can still refuse to do the transfer.

If your dealer refuses, all you need do is have the buyer pay you and supply you with a copy of the FFL of a dealer in his state that will accept a firearm from an unlicensed person. There is no law that prevents a dealer from receiving a firearm from an unlicensed person, but some dealers won't do it. Once you get the FFL, you can ship the gun without using your dealer via UPS or FedEx if it's a handgun and also USPS if it's a long gun. Anyone can ship a gun, but it has to be shipped to a dealer.

If you do ship it yourself, make sure to get an 'adult signature required' for the package.
 
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If buyer lives in or has another state ID firearm must go through FFL in the buyers state of residence. I was going to sell a handgun to a new employee till found he hasn't changed his state ID or drivers license from Tenn to Alabama.
 
Bama59 said:
If buyer lives in or has another state ID firearm must go through FFL in the buyers state of residence. I was going to sell a handgun to a new employee till found he hasn't changed his state ID or drivers license from Tenn to Alabama.
Click to expand...

Handguns are treated differently than long guns. While it may be legal for you to transfer a firearm to a resident of your state, it is illegal for you to transfer one directly to a legal resident of another state. If you have a local dealer that is willing to do the transfer and it's a long gun that's great. If not, it must be shipped to a dealer in his state of residence and that dealer will do the transfer. A handgun will have to be shipped to a dealer in the buyer's state in all cases of sales.

I believe there are some conditions that need to be met before a person is considered a resident of his new state, but knowing them is above my pay grade.
 
The short answer is that, generally, it can legally be done if it's a long gun, but not a handgun. A handgun has to go through an FFL in the buyer's state of residence.
 
Three things:
1) You still haven’t told us if it is a long gun or hand gun.
2) There may be state specific laws we are unaware of.
3) You can’t force the guy to do it if he doesn’t want to.
 
Whether the claim made by the OP’s FFL is correct or not all depends on what type of firearm it is. And the OP was told that several times in his first thread. Now that his first thread was locked and he made a new thread, you’d think he’d finally get around to telling us what kind of firearm it is.

It appears that the OP never read any of the responses in his first thread before making this one, since not only was he asked multiple times what kind of firearm he’s referring to, but Frank gave enough information to answer his question regardless.
 
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