FFL Transfer Question

[texasparamedic]

I am sure that this has been addressed someplace, but I have not been able to find help. Not sure if I need to involve a FFL or not.

Here is the situation:
My father (Lives in Washington State) over the past few months has been talking about selling all his firearms. Most of them he has had since before I was born, most of which his grandfather and father gave to him. I really hated to see him sell or give them away. After some talking I have finally talked him out of selling. I have also got him talked into sending them to me for storage in the safe.. My question is, Since I live in Texas and He Lives in Washington do I need to involve a FFL to handle the transfer from another state? I am not even sure if I am saying that correctly. There might be a better way of wording this that can make it not a OOS transfer. Any help would be appreciated.

Thanks

[seamusTX]

I'm glad your father saw reason with the family heirlooms and possibly valuable antiques.

The legal way to do this is for your father in Washington to ship the firearms to an FFL in Texas. Then you fill out the forms, pay the fees, and take possession of the weapons.

Here are relevant FAQs from the BATFE web site:

B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State,...

http://www.atf.gov/firearms/faq/faq2.htm#b1" onclick="window.open(this.href);return false;

(B2) 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,...

http://www.atf.gov/firearms/faq/faq2.htm#b2" onclick="window.open(this.href);return false;

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

http://www.atf.gov/firearms/faq/faq2.htm#b3" onclick="window.open(this.href);return false;

Licensed and unlicensed here refer to having a Federal Firearms License (FFL).

These FAQs are written in a positive sense, to explain what is legal.

18 U.S.C. 922 defines what is illegal. That is, most transfers of firearms between unlicensed persons who reside in different states. The law uses the the term transfer to refer to any exchange, whether sale, gift. or loan for longer than a short period such as a hunting trip.

If you decide to go through with this exchange, the most economical way to do it is probably to use an FFL at each end and negotiate a fee based on the number and weight of weapons. FFLs can ship firearms much less expensively than unlicensed individuals.

If you acquire multiple handguns in the same transaction, it will be reported to BATFE and a local police agency: http://www.atf.gov/firearms/faq/faq2.htm#f5" onclick="window.open(this.href);return false;

It is not illegal to do so, and I have not heard of any negative consequences coming from it.

Now, can you go to Washington, load all the firearms into a crate, and drive home, avoiding California? Sure. Are you likely to get caught? No. Is it legal? No.

As usual, I am not a lawyer and not qualified to give legal advice.

- Jim

[texasparamedic]

Thank you for your help. That is what I suspected.