Transfer of a Firearm?

[jkalantzis]

My question is if I sell a pistol FTF in Fl. but the person who purchases it lives in GA. but drives down to pick it up, am I ok? Please advise KT.

Thanks

[jeep45238]

No, that's illegal - a nice felony. Interstate transfers must be done through FFL's.

You can legally ship in accordance to ATF regulations to a FFL in Georgia, though they may not be willing to accept shipment of a firearm unless the sender is also an FFL.

[wyntrout]

I thought personal, or private party sales are unrestricted. It's only with FFL holders and dealers that these restrictions apply. You should be able to sell your personal firearm to anyone you meet, without any paperwork, though a bill of sale to prove that you sold it is handy in case the gun is later used in a crime and the police come looking for the traceable owner.
"Dealers" are bound by these rules. I don't think that Florida has any state restrictions on private sales between residents. Our gun shows have private sales without any official paperwork.
Wynn
Wikipedia:
* Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state.[3] Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence.[3] Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

[Bawanna]

I believe it's ok in state but like Jeep said not knowing that the buyer is from out of state. If he didn't know and he didn't ask there would be no issue. If both were from Florida, no issues, good idea as you say for a bill of sale.
Transferring from FFL to FFL is no big deal, just a few extra dollars for the paperwork.

[ripley16]

My question is if I sell a pistol FTF in Fl. but the person who purchases it lives in GA. but drives down to pick it up, am I ok? Please advise KT.

Thanks

That would be illegal. The buyer must use a Georgia FFL to transfer than pistol. Not worth 5 years in prison to save $20 if you ask me.

States have differing Face to Face laws, one state may allow it, others may not, but all that do would involve sellers and buyers being residents of the same state. All interstate sales must go through an FFL in the buying party's state... there are no exceptions.

[wyntrout]

I corrected my first response. You guys can search for an FFL dealer in your own localities on Gunbroker or other sites that maintain lists of FFL dealers and their fees. Shop for the best deal like I did for someone to ship or receive your firearm. I've seen as low as $20, but $25 is not bad for FFL shipping fee. The receiver will need an instant check, I guess for $5 or so... depends on state, but things are usually easier for CCW permit holders.
Legal transfer can become an issue if the gun ever gets researched for some reason, ie., a crime, and they come to you as the last legal owner.:eek:
Wynn

[jocko]

i THINK YOU CAN FTF sale via different states. Jeep, can you post me that law that say NO to that. I always thought one could. It sure in hell is done alot. Alot of long guns sold as some of the state trap shoots to outta staters.

Indeed one should always get the drivers license# of the person you are selling the gun to and any other ident u can get, just cover one's butt and oh yes have them sign the receipt to..

[In-Yo-Grill]

My understanding is that if they are an out of state resident then it's illegal. I'd talk to an FFL dealer and see if he'd do the transfer for a minimal charge.

Here is Texas if I want to sell a gun FTF then I, by law, have to verify they are a Texas resident.

[Bawanna]

Interstate Firearms Sales and Transfers (http://chris.cc/interstate.htm)

I found this in the crystal ball. It mentions what I thought in that you only need one FFL on the receiving end. Not all FFL's will receive firearms from private parties. Many FFL's are unclear on some of the laws. BIG SURPRISE. The people that write the laws are unclear.
I think alot of transfers happen interstate, not legal but whos' really gonna know or care. As mentioned not worth the prison time or the obvious loss of your firearms rights following a felony conviction.
Not sure why my link doesn't look like everyone elses. Hope it works.

[jeep45238]

i THINK YOU CAN FTF sale via different states. Jeep, can you post me that law that say NO to that. I always thought one could. It sure in hell is done alot. Alot of long guns sold as some of the state trap shoots to outta staters.

Indeed one should always get the drivers license# of the person you are selling the gun to and any other ident u can get, just cover one's butt and oh yes have them sign the receipt to..

A non-FFL can't recieve a firearm via the mail unless it's coming back from the manufacturer on repair. C&R's are FFL's by the way.

A resident of one state may purchase long guns anywhere in the country face to face through and FFL - I can't recall if this applies citizen to citizen, so I'll bite my tongue on it.

I do know for damn sure that it is 100% illegal to sell or purchase a handgun from a person that is not a resident in your state - it is also illegal to purchase a handgun from a FFL that is not in your state. note for clarity - you must have it transfered to a FFL in your state.

I don't have a handy dandy link to the ATF regulations about mailing or selling, but I'm sure you'll be able to find it with some digging on their website.

[ripley16]

I do know for damn sure that it is 100% illegal to sell or purchase a handgun from a person that is not a resident in your state - it is also illegal to purchase a handgun from a FFL that is not in your state.




The first part is true, but why do you say you can't purchase from a FFL in another state? Do you mean directly, taking delivery right there and then; because certainly almost all of us have purchased a gun from an out of state FFL? So long as the transfer is handled by a second FFL in your home state it is A-OK.

[jeep45238]

Did you not see the part about the handgun?

[Bawanna]

The first part is true, but why do you say you can't purchase from a FFL in another state? Do you mean directly, taking delivery right there and then; because certainly almost all of us have purchased a gun from an out of state FFL? So long as the transfer is handled by a second FFL in your home state it is A-OK.

Your correct. The key thing is an FFL receiving it first in your home state to process the transfer. A private party from Arkansas can send a handgun or rifle to an FFL in Oregon provided the FFL will accept private guns and then transfer it to the buyer. Just like buying from Bud's or Ozark or any other online gun shop.

[jeep45238]

Your correct. The key thing is an FFL receiving it first in your home state to process the transfer. A private party from Arkansas can send a handgun or rifle to an FFL in Oregon provided the FFL will accept private guns and then transfer it to the buyer. Just like buying from Bud's or Ozark or any other online gun shop.


Which is what I've already stated. I thought I needed more coffee :cool:

[Bawanna]

Which is what I've already stated. I thought I needed more coffee :cool:

I think it got lost in translation, I tried to find what you were talking about when you asked if he didn't see the part about the handgun. I didn't get it either. Maybe I need more coffee too. In fact I'm near positive I do.

[jkalantzis]

:confused:OK So I think I can only sell FTF to another Fl. resident - correct?

[Bawanna]

:confused:OK So I think I can only sell FTF to another Fl. resident - correct?

I'd say yes but I'm not up on Florida state law specifically. I believe Mr. Wyn said this was the case. This is the case for most states. Face to face in your own state, no problemo. Cept maybe Massetuesetts, they seem to dance to a different drummer.
I thought we had Vini on the hook for that thing? Send it to his FFL in Texas and everyone will be happy.

[jeep45238]

Send it to his FFL in Texas and everyone will be happy.


Usually that involves overnight shipping if done by an individual due to FedEx and UPS policies.

However, an FFL may ship to an FFL ground - turning a $80 bill down to $20 ;)

[jkalantzis]

I'd say yes but I'm not up on Florida state law specifically. I believe Mr. Wyn said this was the case. This is the case for most states. Face to face in your own state, no problemo. Cept maybe Massetuesetts, they seem to dance to a different drummer.
I thought we had Vini on the hook for that thing? Send it to his FFL in Texas and everyone will be happy.

Unfortunately Vini has not shared any interest:(

[Vinikahr]

Unfortunately Vini has not shared any interest:(

Ok I'll Bite, Face to Face in Florida no paper trail, can you say gun show? If out state sell then a FFL is a must. I sold many guns face to face at gun shows(Some buyers were out state) . If I see a possible buyer is a concern (most of the time you can tell), I would not sell it to that buyer. Normally a DL or CCW should suffice.

[Finnbear]

Long guns have different rules than handguns. I can walk into a gun shop in any state and buy long guns. I can't walk into any gun shop outside of my home state and purchase a handgun without having an FFL in my state transfer it in to my state which involves shipping and a transfer fee.
Finnbear


i THINK YOU CAN FTF sale via different states. Jeep, can you post me that law that say NO to that. I always thought one could. It sure in hell is done alot. Alot of long guns sold as some of the state trap shoots to outta staters.

Indeed one should always get the drivers license# of the person you are selling the gun to and any other ident u can get, just cover one's butt and oh yes have them sign the receipt to..

[a.squibload]

When buying FTF from someone I don't know I ask for the serial # so I can
call the sheriff to see if it's stolen. If seller refuses, it's probably stolen!

Haven't called in a number recently but last time it seemed the sheriff's office
didn't mind at all, looked it up right away while I was on the phone, confirming
it wasn't LISTED as stolen. Still possible it could be stolen but less likely.
Asked me how much just for curiosity, and congratulated me on a good
purchase.

If for some reason you are found with a stolen gun you probably won't get your
money back!

Maybe I worry too much...