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Selling A Handgun To A buyer From Another State, In My State?


Cholla
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I think I know the answer but I would like those with an FFL to chime in.

 

The situation: I have a modern handgun that I want to sell that I am willing to transport to Bordertown or EOT, which are in my state or Arizona. A buyer is coming from somewhere besides Arizona and wants to buy my handgun at EOT or Bordertown. I do not think I can just hand them the handgun and be on my way. My understanding is that once they accept the firearm, it needs to be shipped to an FFL in their state. It is also my understanding that I am not allowed to transport a handgun to another state to sell.

 

 

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Which state are they coming from? There is a decent likelihood that there is an FFL from that state that will be at Bordertown. If so, it could simplify the transfer.

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10 minutes ago, Texas Jack Black said:

 I always do FFL to FFL for all interstate sales

 

For long guns you can do private seller to out-of-state FFL, it is just that most FFL's don't want to do anything out of the ordinary. I have an FFL near me that will do it, but most others around here will not.

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43 minutes ago, Itchy Trigger said:

Which state are they coming from? There is a decent likelihood that there is an FFL from that state that will be at Bordertown. If so, it could simplify the transfer.

This is a hypothetical question. So far I have not placed any firearms up for sale for EOT.  Just in the planning mode.

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Definitely a "no no" for anyone in the Peoples republic of California, most other states require a handgun transfer go through a FFL.

 

TB

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I’ve kinda wondered about that too.

 

if a tree fall in the forest, and nobody is there to hear it, does it make a sound? 

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1 minute ago, Hoss said:

I’ve kinda wondered about that too.

 

if a tree fall in the forest, and nobody is there to hear it, does it make a sound? 

 

When the ATF comes to your door and arrests you, will you make a sound?

 

1 hour ago, Cholla said:

I think I know the answer but I would like those with an FFL to chime in.

 

The situation: I have a modern handgun that I want to sell that I am willing to transport to Bordertown or EOT, which are in my state or Arizona. A buyer is coming from somewhere besides Arizona and wants to buy my handgun at EOT or Bordertown. I do not think I can just hand them the handgun and be on my way. My understanding is that once they accept the firearm, it needs to be shipped to an FFL in their state. It is also my understanding that I am not allowed to transport a handgun to another state to sell.

 

 

 

Please check State laws where you are selling the firearm(s) and with ATF.

 

While I appreciate the combined knowledge of folks on the Wire and Saloon on many different topics, I sure as hell am not going to stake my freedom and firearms rights based on assumed understanding of the law.

 

YMMV 

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1 minute ago, Cypress Sun said:

 

When the ATF comes to your door and arrests you, will you make a sound?

 

 

Please check State laws where you are selling the firearm(s) and with ATF.

 

While I appreciate the combined knowledge of folks on the Wire and Saloon on many different topics, I sure as hell am not going to stake my freedom and firearms rights based on assumed understanding of the law.

 

YMMV 

I’m not disagreeing. But I’m thinking that’s how a lot of transactions go. Not only at EOT or LR or any CAS match, but others as well, or no match at all, just one guy selling something to another 

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33 minutes ago, Doc Neeley said:

You need to ship it to an FFL in the state he lives in for a background check there.

 

You need to transfer all handguns to an FFL from that state, it does not have to be "shipped." Hence my question, if there is an FFL from the same state as the buyer, it can make it significantly easier.

 

If the Buyer/FFL's state has additional laws, the FFL "should" be aware and follow them.

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These private face to face transactions take place at every major shoot I've ever been to, but if a transfer of ownership of a modern firearm takes place across state lines, legally it has to go through an FFL holder in the recipient's state, and the transfer must take place at the license holder's place of business or sanctioned event, such as a gun show in the license holder's state. It is the responsibility of the seller to get that firearm to the receiving FFL holder. If there is a licensee in attendance from the same state as the buyer, they can take possession of the firearm and transport it to their business premise... I think. There's a clause in there somewhere stating the receiving FFL holder must log the firearm into their A&D book within 24 hours of receipt, but I don't know if that would mean within 24 hours of taking possession of the firearm at the out-of-state location, or after they deliver it to themselves at their own business premise. I don't know if it's necessarily illegal for the buyer to also act as the commercial carrier to transport it to an FFL holder in their home state to conduct the transfer, but if it is, would you really trust them to do so? An individual acting as a carrier, such as the USPS, FedEx, UPS, and DHL, certainly wouldn't have the infrastructure to document tracking and signature receipt.

Edited by Three Foot Johnson
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I personally myself have traded in a handgun at a FFL dealer For a rifle. Years later I received a call from the Dallas police department Wanting to know about a pistol that was involved in a crime. At that time I was told The only thing on file was the original purchaser Everything else is on paper.  I personally know the dealer and I'm a 100% sure everything was done correctly. How things have changed since then I have no idea

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2 hours ago, Itchy Trigger said:

 

For long guns you can do private seller to out-of-state FFL, it is just that most FFL's don't want to do anything out of the ordinary. I have an FFL near me that will do it, but most others around here will not.

 I use  FFL to FFL for ALL out of state sales    Keeps me safe and the Feds away.

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3 hours ago, Cholla said:

I think I know the answer but I would like those with an FFL to chime in.

 

The situation: I have a modern handgun that I want to sell that I am willing to transport to Bordertown or EOT, which are in my state or Arizona. A buyer is coming from somewhere besides Arizona and wants to buy my handgun at EOT or Bordertown. I do not think I can just hand them the handgun and be on my way. My understanding is that once they accept the firearm, it needs to be shipped to an FFL in their state. It is also my understanding that I am not allowed to transport a handgun to another state to sell.

 

 

 

Any transfer of a non-antique firearm* that crosses state lines requires the transfer to go through a FFL.  The purchaser can NOT accept the firearm from the seller. This is Federal law.  There may be additional state laws that apply.

 

I'll offer a hypothetical.   John Doe who lives in State A buys a gun from James Doe who lives in state B.  On the way home John Doe's vehicle gets broken into and the gun is stolen.  The police run a trace on the serial number of the gun and comes back to James Doe.  The police question James Doe why didn't he report the gun stolen**?  James Doe can lie to police (which puts John Doe in a bad position and John Doe isn't likely to take the fall for James Doe), which is a felony, admit to the illegal transfer, also a felony or pray that the very expensive he has to hire can get him out of the hole he dug for himself.  John Doe will be in a similar position once the police catch up to him.

 

I freely admit to being cynical and being concerned about the potential worst case happening.  I'm not willing to become a felon, pay lots of money to lawyers and lose all of my guns to save some money on a transfer fee.

 

*Excludes cap & ball revolvers as long as no conversion cylinder for cartridges is shipped with the revolver.

**Some states have laws that require the owner to report a stolen gun within a certain time frame

Edited by Chantry
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Cholla, Legendary Guns will be at End of Trail 2023 as the on-site Arizona FFL. They will transfer guns purchased from vendors, such as Taylors and EMF/Pietta to Arizona residents. They will also, for a fee, accept guns for shipping to out-of-state buyer's FFLs. Last year we had a California FFL, American Gun Works, from Glendale CA who came to vend and transfer firearms for California residents. I don't know wether or not they are signed up to come back in 2023, it's still early for some vendors to commit.

 

Every seller at the swap meet signs a release promising to conduct firearms sales in accordance with all federal and state laws.

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2 hours ago, Chantry said:

Excludes cap & ball revolvers as long as no conversion cylinder for cartridges is shipped with the revolver.

 

The state of New Jersey and many cities require percussion revolvers to go through an FFL

 

2 hours ago, Chantry said:

Any transfer of a non-antique firearm* that crosses state lines requires the transfer to go through a FFL.  The purchaser can NOT accept the firearm from the seller. This is Federal law.  There may be additional state laws that apply.

This!

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