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FFL ?

 
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Old 08-06-2003, 08:01 AM
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Join Date: Jul 2003
Location: NY
Posts: 168
FFL ?

Sorry for all the questions my dad and I were debating this issue.

Hypothetical question: can friends sell to each other or trade a rifle without an FFL? Lets say the friend is out of state, can the rifle be shipped? I know people that do this all the time, was wondering if it was legal?

Thanks again
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  #2  
Old 08-06-2003, 08:39 AM
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Join Date: May 2001
Posts: 2,369
Re: FFL ?

Best to check State and Federal laws directly. READ THEM yourself and don't rely upon "officials" replies.

In Maryland (as far as I know), an individual can sell a long gun to another individual without an FFL involved. It is apparently presumed that the seller will not sell to an individual not authorized to have a firearm. I can't sell a "regulated firearm" (handgun or assault type rifle) to another person without going through an FFL holder.

Each state is probably different.
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  #3  
Old 08-06-2003, 01:40 PM
 
Posts: n/a
Re: FFL ?

The simple answer to your question is: an FFL is required whenever a firearm transfers across state lines.

Private transfers between residents of the same state are legal under federal law, but state laws can be more restrictive and may require that all transfers be done through a FFL.

From the BATF website FAQ:
http://www.atf.treas.gov/firearms/faq/faq2.htm#b1


B. UNLICENSED PERSONS


(B1) To whom may an unlicensed person transfer firearms
under the GCA? [Back]


A person may sell a firearm to an unlicensed resident of his
or her state, if the buyer is not prohibited by law from
receiving or possessing a firearm, or to a licensee in any
state. A firearm other than a curio or relic may not be
transferred interstate to a licensed collector. [18 U. S. C
922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

(B2) From whom may an unlicensed person acquire a firearm
under the GCA? [Back]


A person may only buy a firearm within the person's own
state, except that he or she may buy 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. [18 U. S. C
922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

(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? [Back]


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. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR
178.29]


(B8) May a nonlicensee ship a firearm through the U. S.
Postal Service? [Back]


A nonlicensee may mail a shotgun or rifle to a resident of
his or her own state or to a licensee in any state. Handguns
are not mailable. A common or contract carrier must be used
to ship a handgun. A nonlicensee may not transfer any
firearm to a nonlicensed resident of another state. The
Postal Service recommends that longguns be sent by
registered mail and that no marking of any kind which would
indicate the nature of the contents be placed on the outside
of any parcel containing firearms.


(B9) May a nonlicensee ship a firearm by carrier? [Back]


A nonlicensee may ship a firearm by carrier to a resident of
his or her own state or to a licensee in any state. A common
or contract carrier must be
used to ship a handgun. In addition, Federal law requires
that the carrier be notified that the shipment contains a
firearm and prohibits common or contract
carriers from requiring or causing any label to be placed on
any package indicating that it contains a firearm. [18 U. S.
C. 922( a)( 2)( A) and 922( e), 27 CFR 178.31]

[ 08-06-2003: Message edited by: GonHuntin ]
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