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Question about gun shipping.

Discussion in 'General Gun Discussions' started by Flea, Mar 17, 2010.

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  1. Flea

    Flea Member

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    This is a curiosity question... I know its illegal to send a gun directly to an individual in another state without an FFL being involved in the transaction. However, let's say one of us was selling a fine rifle at a local gun show and came across an individual interested who didn't have cash with them. Now let's say this individual agrees to a purchase price but lives on the opposite side of your home state. Provided payment is sincere and you did check the drivers license during face to face time, could you legally ship the gun directly to the person since they're a resident of your state?

    This is just a curiosity question that popped in my head after reading the Gunbroker rant post.
     
  2. Sam1911

    Sam1911 Moderator

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    From the ATF's web site FAQ:

     
  3. Guillermo

    Guillermo member

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    I would think "illegal" as the transaction truly did occur across state lines, you just set it up FTF.
     
  4. jimmyraythomason

    jimmyraythomason Member

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    Straw purchase? How can it be a straw purchase when no 3rd party is involved?
     
  5. Sam1911

    Sam1911 Moderator

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    No straw purchase. I misread and was editing as you replied.
     
  6. Guillermo

    Guillermo member

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    One thing that I have been curious about is shipping to myself. When travelling it would be easier to overnight a handgun to my destination and have it waiting when I get there.

    Looking at the law posted by Sam1911 I would think that such is not legal.
     
  7. Sam1911

    Sam1911 Moderator

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    Reread the question. This is entirely within his home state.
     
  8. jimmyraythomason

    jimmyraythomason Member

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    The OP stated that they were across state not across statelines. BIG difference.
     
  9. Bubbles

    Bubbles Member

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    Perfectly legal as the buyer and seller are residents of the same state and there are no state laws prohibiting it.

    That said, the guy at the UPS or FedEx counter may throw a fit about shipping a firearm to a non-FFL as most don't know Federal laws.
     
  10. Guillermo

    Guillermo member

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    legal in most states

    (I am not a lawyer nor do I play one on TV)
     
  11. jimmyraythomason

    jimmyraythomason Member

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    Unless it's a hub they will not accept it. Company policy not law.
    or their own company's policy.
     
  12. Sam1911

    Sam1911 Moderator

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    Here's the FAQ: http://www.atf.gov/firearms/faq/unlicensed-persons.html
     
  13. Guillermo

    Guillermo member

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    thank you Sam
     
  14. wishin

    wishin Member

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    Since the gun wasn't actually "sold" (no payment made), would it really be legal to ship to a prospective buyer since the FTF sale was not consummated?
     
  15. Guillermo

    Guillermo member

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    no, because it is transfered

    the way I understand it, a transfer of ownership cannot occur across state lines without an FFL

    Again, I am a good guy IE: not a lawyer
     
  16. Sam1911

    Sam1911 Moderator

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    Correct, but where does it cross state lines in this scenario?
     
  17. Sam1911

    Sam1911 Moderator

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    The ATF doesn't say "Face to Face." They say:

    So, the sale of a long arm, taking place between two residents of the same state, via the mail would then be legal regardless of whether they'd ever met.

    So long as neither had reason to believe the other was a prohibited person.
     
  18. jimmyraythomason

    jimmyraythomason Member

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    bingo!
     
  19. Guillermo

    Guillermo member

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    oops

    I am stuck on out-of-state transfers
     
  20. wishin

    wishin Member

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    Thanks for the clarification. The term FTF really means resident to resident and should not be taken literally.
     
  21. Sam1911

    Sam1911 Moderator

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    Yes, but to look at the other side of the coin -- good luck finding folks who will sell this way. I'm sure it happens a lot, but there are at least an equal number of folks (dealers, too) who are way more 'careful' than the law requires.

    Witness the number of sellers who won't ship directly to an out-of-state FFL without going through their own FFL first. Or the number of FFLs who won't receive a gun from a non-licensee out-of-state.

    In most cases folks will do a FTF sale if you are literally face-to-face. I'd like to know how many realize that it's legal to sell/ship to any non-prohibited person within their state?

    I'd wager a fiver that you'd get at least some folks accusing you of trying to set them up in a "sting!" :D
     
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