Selling a gun to an out of state resident FTF

[Boone Hillbilly]

It is legal to sell a gun to a person that lives in another state if it is face to face. Say a person comes to me in my state and wants to buy a gun and return to his state, is this legal?

 

[jklinstein]

No, it is not legal. ONe or both of you are transferring a firearms across state lines without the use of an FFL.

 

[suemarkp]

In general no. What matters is residency not immediate presence. You need to check for residency whenever you sell a gun. If you are selling to a resident of another state, it is regulated by federal law which requires the receiver to obtain it via a FFL.

There are some exceptions to shipping a gun to yourself in another state and willing of firearms. You may want to search the BATF web based FAQ, as I'm sure it will give you all the details.

 

[Boone Hillbilly]

I looked through the ATF's site and it is a maze of bull crap if you ask me.. I didnt think it would be legal.. Thanks for the help guys!
-matt

 

[Car Knocker]

http://www.atf.treas.gov/firearms/faq/faq2.htm#b2

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]


(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? [Back]


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]