Out of State Buyer for Private Sale (Rifle)

FFL's post your location, contact information and transfer fees

Moderator: carlson1


Topic author
QB
Senior Member
Posts in topic: 3
Posts: 688
Joined: Wed May 10, 2006 7:38 pm
Location: Carrollton, TX

Out of State Buyer for Private Sale (Rifle)

#1

Post by QB »

I am selling a rifle and a resident of Florida, in town for a week on business, wants to purchase it. I want to meet at my FFL's place of business and have him transfer the gun to the buyer. My FFL says he can legally do so but I just can't find anything in writing that says it's legal. My FFL should know but I'm a bit paranoid and don't want to do anything illegal (neither does the buyer, who has a Florida CHL by the way).

Is my FFL correct, I can sell the rifle to the Florida resident, at my FFL's place of business and my FFL can then transfer the rifle to him??? At worse case I guess I can show the buyer the rifle, collect the money and then have my FFL ship to the buyer's FFL in Florida, but why pay shipping if it's legal to sell face to face at my FFL's shop?

Thanks
"You may find me one day dead in a ditch somewhere. But by God, you'll find me in a pile of brass."~~ Tpr. M. Padgett
User avatar

Oldgringo
Senior Member
Posts in topic: 4
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Out of State Buyer for Private Sale (Rifle)

#2

Post by Oldgringo »

AFAIK, you can sell a legal long gun to anyone at any place of your choosing.
User avatar

carlson1
Moderator
Posts in topic: 2
Posts: 11653
Joined: Sat Dec 03, 2005 1:11 am

Re: Out of State Buyer for Private Sale (Rifle)

#3

Post by carlson1 »

You can sale a long gun to the resident of another State, but not a handgun. After you hand it off the the FFL it will be up to the FFL to do the right paper work. :thumbs2:
Image
User avatar

Scott B.
Senior Member
Posts in topic: 1
Posts: 1457
Joined: Tue Aug 05, 2014 11:46 am
Location: Harris County

Re: Out of State Buyer for Private Sale (Rifle)

#4

Post by Scott B. »

From the ATF FAQ.

Q: From whom may an unlicensed person acquire a firearm under the GCA?

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]


https://www.atf.gov/firearms/firearms-f ... te-firearm

Years ago it was a contiguous state thing, but that was done away with in the 80s.
LTC / SSC Instructor. NRA - Instructor, CRSO, Life Member.
Sig pistol/rifle & Glock armorer | FFL 07/02 SOT

Topic author
QB
Senior Member
Posts in topic: 3
Posts: 688
Joined: Wed May 10, 2006 7:38 pm
Location: Carrollton, TX

Re: Out of State Buyer for Private Sale (Rifle)

#5

Post by QB »

Ok, looks like I'm good to go then...........THANKS for the responses.
"You may find me one day dead in a ditch somewhere. But by God, you'll find me in a pile of brass."~~ Tpr. M. Padgett
User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 26790
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: Out of State Buyer for Private Sale (Rifle)

#6

Post by The Annoyed Man »

I don't know if this helps or not, but I bought a rifle on GunBroker.com from an FFL in PA, who had to ship it to my FFL here in TX. I had to fill out the 4473 at my FFL.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT
User avatar

Liberty
Senior Member
Posts in topic: 1
Posts: 6343
Joined: Mon Jul 03, 2006 8:49 pm
Location: Galveston
Contact:

Re: Out of State Buyer for Private Sale (Rifle)

#7

Post by Liberty »

Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy

dhoobler
Senior Member
Posts in topic: 2
Posts: 490
Joined: Mon Feb 25, 2008 2:58 pm
Location: Friendswood, TX

Re: Out of State Buyer for Private Sale (Rifle)

#8

Post by dhoobler »

It is not legal. If a firearm changes ownership across state lines, it must go through an FFL. I have a letter from ATF stating this. It does not matter if the transaction is face to face. It only matters that ownership is changing.
Revolver - An elegant weapon... for a more civilized age.
NRA Endowment Life Member
TSRA Life Member

dhoobler
Senior Member
Posts in topic: 2
Posts: 490
Joined: Mon Feb 25, 2008 2:58 pm
Location: Friendswood, TX

Re: Out of State Buyer for Private Sale (Rifle)

#9

Post by dhoobler »

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

A person may transfer a firearm to an unlicensed resident of his or her 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 his or her 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 residencce. 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 he or she or she does 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]
Revolver - An elegant weapon... for a more civilized age.
NRA Endowment Life Member
TSRA Life Member

parabelum
Senior Member
Posts in topic: 1
Posts: 2717
Joined: Mon Dec 21, 2015 12:22 pm

Re: Out of State Buyer for Private Sale (Rifle)

#10

Post by parabelum »

Love the bureaucracy. By the logic of this, and other, Federal infringements on our Constitutional Rights, one could be absurd and suggest that special paperwork should be filled out and submitted before two residents from different States are allowed to speak with one another.

After all, you should need "this" form filled out before you can excercise your 1'st Amendment! :rules:
User avatar

Oldgringo
Senior Member
Posts in topic: 4
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Out of State Buyer for Private Sale (Rifle)

#11

Post by Oldgringo »

Liberty wrote:Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?
For a legal long gun, yes.
User avatar

ScottDLS
Senior Member
Posts in topic: 1
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Out of State Buyer for Private Sale (Rifle)

#12

Post by ScottDLS »

Oldgringo wrote:
Liberty wrote:Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?
For a legal long gun, yes.

FFL must be involved if residents are from two different states. And the states have to allow it too. Florida and Texas do.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
User avatar

Oldgringo
Senior Member
Posts in topic: 4
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Out of State Buyer for Private Sale (Rifle)

#13

Post by Oldgringo »

ScottDLS wrote:
Oldgringo wrote:
Liberty wrote:Is using the FFL even required, If your meeting face to face, Isn't it legal to do this on a cash, handshake and a smile without all the paperwork?
For a legal long gun, yes.

FFL must be involved if residents are from two different states. And the states have to allow it too. Florida and Texas do.
Well, hmmm?

TreyHouston
Senior Member
Posts in topic: 1
Posts: 1904
Joined: Fri Feb 19, 2016 5:00 pm
Location: Tomball

Re: Out of State Buyer for Private Sale (Rifle)

#14

Post by TreyHouston »

Easy, you went to the FFL to process the transaction. You took the money, gave the FFL his fee and weapons and he in turn gave it to the buyer. Sounds like your in the clear regardless! :mrgreen:
Last edited by TreyHouston on Sat Mar 04, 2017 5:00 pm, edited 1 time in total.
"Jump in there sport, get it done and we'll all sing your praises." -Chas

How many times a day could you say this? :cheers2:
User avatar

Oldgringo
Senior Member
Posts in topic: 4
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Out of State Buyer for Private Sale (Rifle)

#15

Post by Oldgringo »

I once sold a CZ 452 to a guy in Kalifornia and did ship the rifle to his FFL. I thought that was just a Kalifornia gotcha.

Well, I guess one is never too old to learn? I've got a Model 12 and another CZ 452 that's going on the market before long, I'll keep this in mind. :tiphat:
Post Reply

Return to “FFL Holders”