Selling a Handgun Across State Lines

[Flechette]

A friend of mine wants to buy my used Walther P99, but he lives in another state. I live in Wyoming (cash and carry state) he lives in Colorado (must issue state). Are there any legal issues I need to be aware of? Does the gun need to go through an FFL or can I just hand it to him?

I do know that all sales at Colorado gun shows, even private party to private party, must go through NICS, but private sales elsewhere in the state do not require NICS.

The legal maze is confusing, and always changing, and I want to stay out of jail...

 

[NavyLCDR]

The handgun must be delivered to an FFL in Colorado for the transfer. That's Federal law. You can ship the gun yourself via UPS or FEDEX - be sure to check the requirements the receiving FFL is going to want!

It might be cheaper to deliver the handgun to a Wyoming FFL who can use US Post Office to mail the gun to the receiving Colorado FFL.

In all honesty this same question gets asked 3 or 4 times per week. Did you happen to notice the search button in the first green bar at the top of the page?

 

[rromeo]

To clarify on NavyLCDR's post, you may also personally deliver the handgun to an FFL in Colorado.

 

[Flechette]

NavyLCDR: nope - just a newbie (joined last week). Sorry.

 

[NavyLCDR]

To clarify on NavyLCDR's post, you may also personally deliver the handgun to an FFL in Colorado.

Correct.

NavyLCDR: nope - just a newbie (joined last week). Sorry.

You're forgiven! Welcome to the forum! The applicable Federal laws are 18 USC 922 (a)(3), (a)(5) and (b)(3):

http://www.law.cornell.edu/uscode/usc_sec_18_00000922----000-.html

Shall issue carry permits like you mentioned in your opening post actually have very little to do with buying/selling/transferring firearms. At least in free states like Wyoming and Colorado.

 

[Ash_J_Williams]

I just posted this a few days ago, and I just did it yesterday.

It was to a buyer about 3 hours away in the next state over. I had them call all the FFLs in their area, find the cheapest one, I called him and asked if he'd do the transfer, he said fine. All he wanted was a copy of my driver's license. I shipped FedEx, it was a handgun so it had be sent next day ground. It cost $12, which the buyer paid, so they paid for shipping and a small fee for the transfer from the FFL.

 

[mortablunt]

Just for safety's sake, you both gotta be FFL guys doing a non-private sale.

 

[Sam1911]

Just for safety's sake, you both gotta be FFL guys doing a non-private sale.

They AREN'T, either of them, "FFL guys," so the information provided by NavyLCDR and rromeo is the correct way to do this.

 

[NavyLCDR]

Just for safety's sake, you both gotta be FFL guys doing a non-private sale.

And exactly how does adding a second FFL make anything safer?

 

[mortablunt]

And exactly how does adding a second FFL make anything safer?

I have no idea, but seeing as it's the ATF's rules, which are great at being confusing and inconsistent, it's better to not take chances.

 

[NavyLCDR]

I have no idea, but seeing as it's the ATF's rules

Show us this ATF rule. Here, allow me to go first, please:

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

So, where, exactly is this ATF rule that you suggest exists requiring two FFLs for a transfer? The unlicensed (as in non-FFL, CCW permits have nothing to do with it) Wyoming resident transfers the firearm to the Colorado FFL by shipping it to them or delivering it to them in person. The Colorado FFL transfers the gun to the Colorado resident. What ATF rule exists which prohibits that?

Hint: None.

 

[Birch Knoll]

He's not saying there is such a rule. He's saying that he doesn't know all the rules, so he'd leave it to the FFLs to follow the rules.

 

[NavyLCDR]

He's not saying there is such a rule. He's saying that he doesn't know all the rules, so he'd leave it to the FFLs to follow the rules.

That makes sense... thank you!

 

[Sam1911]

He's not saying there is such a rule. He's saying that he doesn't know all the rules, so he'd leave it to the FFLs to follow the rules.

Ok. He would, perhaps, but the OP's question has been answered well, so he doesn't have to.