The ins and outs of firearms transfers

[Control Group]

Don't know if I should be posting here or in the Trading Post, so if this needs to be moved, please do.

Anyway

What's involved in a transfer from someone to me through an FFL? What has to be sent to whom? Is this a service most gun shops will provide? What's a reasonable fee to pay for it?

Also, what, if anything, is involved in a face-to-face transfer of firearms between two residents of the same state? Is there a different process if one party is from out of state, but has legally brought the firearm with him to the meeting?

In other words, if someone could explain the process for firearms transfers outside of a "buy from a store" transaction, it would be fantastic. Thanks, everyone.

 

[thatguy]

I don't know the laws in WI and each state is different. California, for example, requires all gun sales to be transferred through an FFL. This is unusual and most other states don't mandate this. But there may be laws about gun selling and buying. See if your state AG web site has info.

Interstate gun sales must go through an FFL. You cannot take a gun to another state and legally sell it to a non-FFL. If a seller in state A sells a gun to buyer in state B, buyer must arrange with a local FFL to recieve the gun. He will then transfer to the buyer. Make sure you have a willing FFL lined up before buying the gun!

Federal law doesn't require the SENDER to have an FFL, but the RECEIVER must have one. Note that some FFLs don't know this or as a policy refuse shipments from non-FFLs. Ask if the seller wants to send W/O an FFL and make sure your FFL is cool with this.

Many gun shops don't like to do transfers since they would rather sell you one their guns. "Kitchen table" gun dealers do this sort of thing and so do many pawn shops with FFLs. Ask around as prices will vary wildly. I have seen $5 to $75 or a percentage of the gun cost (which I never understood since the FFL does the same work no matter what the gun costs). The gun auction sites like AuctionArms.com and GunBroker.com have lists of FFLs who do transfers on their home pages. There are also other tips for buyers and sellers. Check them out.

 

[jrhines]

"Federal law doesn't require the SENDER to have an FFL, but the RECEIVER must have one. Note that some FFLs don't know this or as a policy refuse shipments from non-FFLs. Ask if the seller wants to send W/O an FFL and make sure your FFL is cool with this."

True enough, but the sender has to have in his hot little hands a copy of the RECEIVERS' FFL with the RECEIVERS signature on it in ink. Also, if you want to ship via US Mail, both sender and receiver must be FFL holders.

A quick scan through the DOJ BATFE Purple Book 2004 makes no mention of FTF non-dealer gun sales in Wis. Anybody got better input?

 

[EOD Guy]

True enough, but the sender has to have in his hot little hands a copy of the RECEIVERS' FFL with the RECEIVERS signature on it in ink.

Not true, There is no requirement for an unlicensed shipper to have a copy of the receiving dealer's FFL. It is only required in transfers between licensees. Many dealers will not provide an FFL copy to an unlicensed individual.

Also, if you want to ship via US Mail, both sender and receiver must be FFL holders.

Only for handguns and both parties must be licensed dealers or manufacturers, not just FFL holders. Unlicensed individuals may mail rifles or shotguns.

 

[Bear Gulch]

Security of the FFL number is muy importante! The ATF stresses that strongly as you go through licensing.

 

[macavada]

Can a C&R holder ship a handgun through the U.S. mail to a 01 FFL or another 03 FFL holder?

 

[Monkeyleg]

Control Group, here in WI you can do a private sale in-state without having to go through an FFL.

As for licensed dealers not wanting to send copies of their licenses to us ordinary folks, I guess I must have been lucky the last few years. I got the buyers to mail me a copy of their transferring dealers' licenses along with payment.

The laws on all of this are so confusing to new gun owners that it's really easy to slip up. Years back--and I honestly cannot remember when, and don't even know if I have any paperwork on the transaction--I took a revolver to a gun show in Illinois and sold it to a private buyer. I had no idea that it was against the law. It just didn't occur to me that I could be committing a crime.

 

[EOD Guy]

Can a C&R holder ship a handgun through the U.S. mail to a 01 FFL or another 03 FFL holder?

No. The postal regulations specifically limit the mailing of hand guns to shipments between licensed dealers and/or manufacturers. There are a few exceptions such as mailing to law enforcement agencies, but Type 03 FFL holders are not included in those exceptions.

 

[macavada]

Thanks EOD guy.