question on guns purchased thru gunbroker or auction sites

[Sharp669]

If a private sale/auction not originating in your home state is transacted, the gun must be shipped to an FFL in your state. Is that correct ? If so do you fill out all the forms and background check and such, as if you bought "new" from a dealer?

Same deal if ordering thru Atlantic firearms thru the mail , right?

legal non FFL transfers of guns may be private sales between two state residents. The rest require the federal paperwork, right?

 

[NavyLCDR]

Somewhat correct. The rules are in 18 USC 922. A purchase of a handgun from an out of state source MUST go through an FFL in the state of residence of the PURCHASER. All requirements for obtaining the handgun from the receiving FFL, both state and federal, must be met just as if you had purchased the handgun from that FFL. That includes the 21 year old age requirement, federal background check and state mandated waiting periods, permits, background checks, etc.

A longgun may be purchased from out of state in one of two ways. The first way is just like the handgun above. If the longgun is shipped to an FFL in the purchaser's state, only the federal and state laws of the purchaser must be fulfilled.

The second way is for you to appear, in person, at an FFL in the state of the SELLER. To complete the transaction this way, the transaction must meet the requirements of federal law and the state laws of BOTH the seller's state and the purchaser's state. You can then transport the rifle back to your home state. Some states ban or limit which other states longguns may be sold/purchased in and you must abide by both states' law if you do it this way.

 

[NavyLCDR]

And, btw, the seller may ship the firearm to the Purchaser's FFL directly, it does not have to be shipped by an FFL - if the purchaser's FFL agrees to receive the firearm from a private individual.