Transfer of long gun to resident of another state question

Discussion in 'Legal' started by whisler, May 10, 2021.

  1. whisler

    whisler Member

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    I have a question regarding transferring a long gun across state lines. Details: I live in Kentucky and have inherited a target type 22 rifle that I have no need for. I belong to Club in Ohio that is the logical place to find a buyer. If the buyer is an Ohio resident, I know that the transfer needs to go through an FFL. My questions is to specifics of the transfer. Does the transfer have to go through an FFL in my state, his state, both? Specifically can I carry the rifle to an FFL in Ohio and transfer it to the buyer there? Could the buyer come to Kentucky to my FFL and do the transfer that way? Or must the transfer involve an FFL in both states?
    I have read many of these threads and am still confused, but I want to remain completely legal.
    Thanks for any clarification
     
  2. PapaG

    PapaG Member

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    Simple:. Your state dealer to his state dealer.
     
  3. George P

    George P member

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    Either in your state or his is just fine; no need for an FFL on both ends.
     
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  4. Frank Ettin

    Frank Ettin Moderator Staff Member

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    The governing federal statute is 18 USC 922(b)(3):

    So a long gun may generally be transferred by an FFL in the transferee's or transferor's State of residence as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs might not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
     
  5. GE-Mini-Gun

    GE-Mini-Gun Member

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    FFL in either state can do it, however some won't.
     
  6. Rule3

    Rule3 Member

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    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

    A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

    Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

    A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

    A person may 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.

    [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
     
  7. dogtown tom

    dogtown tom Member

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    Yes

    Yes



    No
     
  8. Elkins45

    Elkins45 Member

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    The general rule is a long gun can transfer in either state but a handgun only in the buyer’s state, assuming no additional state restrictions of course.
     
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  9. George P

    George P member

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    Correct!
     
  10. whisler

    whisler Member

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    Thank you for the clarification, gentlemen.
     
  11. natman

    natman Member

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    The simplest way is to take / ship the rifle to an FFL in the buyer's state. It's possible for the buyer to come to the seller's state and do the transfer of a long gun there, BUT the transfer has to be legal in BOTH states. This is probably no problem with Ohio and Kentucky, but definitely ask the FFL first. They may not want to do it.
     
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