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Firearms sale and shipping question
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Picture of Snellstrom
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In the past I have sold a rifle, shotgun, pistol or two here and there. Typically I ship it to the buyers FFL after I recieve a copy of the FFL and include a copy of my drivers license to that FFL as I am not a licensed gun dealer just an occasional private seller.
What states is this not a legal way to complete the transaction?
Who could I call (BATF?) to be sure the question is answered with absolute certainty instead of "I'm pretty sure" or "this is the way we do it"?
Thanks in advance.
 
Posts: 5604 | Location: Eastern plains of Colorado | Registered: 31 October 2005Reply With Quote
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The BATFE has it's regs and state laws on a CD; perhaps it is also downloadable from the BATFE website.


PA Bear Hunter, NRA Benefactor
 
Posts: 1632 | Location: Potter County, Pennsylvania | Registered: 22 June 2005Reply With Quote
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To get some confusion added in you could call each and every states DOJ office and ask for the firearms division. You might get someone that will give you the correct answer.

But I believe And Anyone is free to correct me if I'm wrong.
You are going above and beyond what is required by law with a few exceptions.

Shipping a firearm to the buyers FFL is REQUIRED By federal law when it is sold or tranfered.
You don't need a copy of the FFL but it's not bad to have. Some guys will not give it out and I don't blame them.
You should send all you info and a copy of your ID with the firearm just so the FFL holder can do his paperwork correctly.

And I did say exceptions Like states like NJ, MA, NY, CA, and a few others that I can't remember have some strange gun laws.

The thing is Shipping a firearm is a Federally regulated process. Receiving the firearm is the states problem.

So as long as you follow Federal law on shipping a firearm you are fine. The state doesn't get involved till the firearm is transferred then it's the buyer problem to jump through the hoops.


www.KLStottlemyer.com

Deport the Homeless and Give the Illegals citizenship. AT LEAST THE ILLEGALS WILL WORK
 
Posts: 2534 | Location: National City CA | Registered: 15 December 2008Reply With Quote
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Thanks for the help, can you cite a reference in the ATF regs for me?
Specifically I am shipping a firearm to Florida, told by the buyer that their FFL office tells him I must originate shipment from an FFL. I disagree but I want to cite a reference. I may call my local ATF office but want to know more so I don't get a typical Government snow job.
 
Posts: 5604 | Location: Eastern plains of Colorado | Registered: 31 October 2005Reply With Quote
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ffl holder doesn't need your DL or other, just your name and address .. in all states, this is legal, as what you are asking is "how do i SHIP" not how does the receiving ffl process the transfer. these are entirely different things, and "you" have no bearing on the xfer.

a copy of the receivering FFL meets the guildlines in the US ... now, that doesn't mean nor cover prohibited items (ak's to nyc, for example) but that's a different question.


if an ffl gives you hassle, either have th buyer pay for your friendly ffl to ship to his ffl, find another ffl to ship to, or find another buyer ... the buyer's ffl is, NOT YOUR PROBLEM TO SOLVE ,


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
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Posts: 40230 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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quote:
Originally posted by Snellstrom:
Thanks for the help, can you cite a reference in the ATF regs for me?
Specifically I am shipping a firearm to Florida, told by the buyer that their FFL office tells him I must originate shipment from an FFL. I disagree but I want to cite a reference. I may call my local ATF office but want to know more so I don't get a typical Government snow job.


don't bother.. the receving ffl doesn't want to do the deal .. no matter what you "prove" he doesn't want to do it ... screw him .. tell the buyer to find another guy or pay ffl to ffl .. this is a case where the ffl is going to be a jackhole .. dont bother


opinions vary band of bubbas and STC hunting Club

Information on Ammoguide about
the416AR, 458AR, 470AR, 500AR
What is an AR round? Case Drawings 416-458-470AR and 500AR.
476AR,
http://www.weaponsmith.com
 
Posts: 40230 | Location: Conroe, TX | Registered: 01 June 2002Reply With Quote
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Picture of z1r
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quote:
Originally posted by jeffeosso:
quote:
Originally posted by Snellstrom:
Thanks for the help, can you cite a reference in the ATF regs for me?
Specifically I am shipping a firearm to Florida, told by the buyer that their FFL office tells him I must originate shipment from an FFL. I disagree but I want to cite a reference. I may call my local ATF office but want to know more so I don't get a typical Government snow job.


don't bother.. the receving ffl doesn't want to do the deal .. no matter what you "prove" he doesn't want to do it ... screw him .. tell the buyer to find another guy or pay ffl to ffl .. this is a case where the ffl is going to be a jackhole .. dont bother


Jeff is right. The law doesn't require it be shipped FFL to FFL but neither will the ATF intervene. The receiving FFL is free to add whatever F'ed up requirements he wants basically.

Used to happen to me in CA all the time prior to my being licensed. The dealers in CA tend to add to the already asinine laws on the books.

Simple fix in this situation is to require the buyer to pay the added fee an FFL will charge you for shipping. After all, it is the buyer's dealer that is insisting.




Aut vincere aut mori
 
Posts: 4869 | Location: Lakewood, CO | Registered: 07 February 2002Reply With Quote
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Some states (Alaska being one of them) a non dealer can mail a long gun directly to the buyer. I cover myself by asking them if they can legally purchase the item. Might be overkill but makes me sleep better.


My biggest fear is when I die my wife will sell my guns for what I told her they cost.
 
Posts: 6660 | Location: Wasilla, Alaska | Registered: 22 February 2005Reply With Quote
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Thanks guys.
 
Posts: 5604 | Location: Eastern plains of Colorado | Registered: 31 October 2005Reply With Quote
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Picture of Mike_Dettorre
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Contrary to popular believe there is no difference in shipping guns to CA if you are not an FFL holder. The additional approvals apply to FFL holders.

Now many "Assault Rifles" and other items are prohibited but there is no diference in shipping process.


Mike

Legistine actu quod scripsi?

Never under estimate the internet community's ability to reply to your post with their personal rant about their tangentially related, single occurrence issue.




What I have learned on AR, since 2001:
1. The proper answer to: Where is the best place in town to get a steak dinner? is…You should go to Mel's Diner and get the fried chicken.
2. Big game animals can tell the difference between .015 of an inch in diameter, 15 grains of bullet weight, and 150 fps.
3. There is a difference in the performance of two identical projectiles launched at the same velocity if they came from different cartridges.
4. While a double rifle is the perfect DGR, every 375HH bolt gun needs to be modified to carry at least 5 down.
5. While a floor plate and detachable box magazine both use a mechanical latch, only the floor plate latch is reliable. Disregard the fact that every modern military rifle uses a detachable box magazine.
6. The Remington 700 is unreliable regardless of the fact it is the basis of the USMC M40 sniper rifle for 40+ years with no changes to the receiver or extractor and is the choice of more military and law enforcement sniper units than any other rifle.
7. PF actions are not suitable for a DGR and it is irrelevant that the M1, M14, M16, & AK47 which were designed for hunting men that can shoot back are all PF actions.
8. 95 deg F in Africa is different than 95 deg F in TX or CA and that is why you must worry about ammunition temperature in Africa (even though most safaris take place in winter) but not in TX or in CA.
9. The size of a ding in a gun's finish doesn't matter, what matters is whether it’s a safe ding or not.
10. 1 in a row is a trend, 2 in a row is statistically significant, and 3 in a row is an irrefutable fact.
11. Never buy a WSM or RCM cartridge for a safari rifle or your go to rifle in the USA because if they lose your ammo you can't find replacement ammo but don't worry 280 Rem, 338-06, 35 Whelen, and all Weatherby cartridges abound in Africa and back country stores.
12. A well hit animal can run 75 yds. in the open and suddenly drop with no initial blood trail, but the one I shot from 200 yds. away that ran 10 yds. and disappeared into a thicket and was not found was lost because the bullet penciled thru. I am 100% certain of this even though I have no physical evidence.
13. A 300 Win Mag is a 500 yard elk cartridge but a 308 Win is not a 300 yard elk cartridge even though the same bullet is travelling at the same velocity at those respective distances.
 
Posts: 10181 | Location: Loving retirement in Boise, ID | Registered: 16 December 2003Reply With Quote
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My reference as to other states was the Transfer process. Which is not the question. Sorry to add confusion.


www.KLStottlemyer.com

Deport the Homeless and Give the Illegals citizenship. AT LEAST THE ILLEGALS WILL WORK
 
Posts: 2534 | Location: National City CA | Registered: 15 December 2008Reply With Quote
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FL is a messed up place to ship firearms, there is an overage of FFL holders who think there license is made of gold and allows them to control the world.

I purchased a M98 action off Gunbroker. Before actually purchasing the action, I went around to all the local FFL holders and the lowest price I found for them to do a transfer was $80. I thought that was rediculous, and most places wanted in excess of $100 to $250 just for a transfer. And every single one of them would only accept from another FFL. Basically they was pissed cause you was buying items from someone else so they wanted to rape you just to get the item.

Most of the FFL holders cater to very wealthy people and hence over charge for everything. Every range in FL is a 1 hour rental for a crazy expensive price and 500 people waiting there turn to shoot there Weatherby rifle with a Nightforce 22x scope.

Go north and firing ranges are free, first come first serve basis... FFl's will do transfer's for $25, cause they are not really doing much of anything but writing down your information and storing it for the amount of time required by law.
 
Posts: 468 | Location: Goldsboro, NC. | Registered: 02 August 2009Reply With Quote
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