FFL ?

Discussion in 'The Basics, Starting Out' started by Agunner012, Aug 6, 2003.

  1. Agunner012

    Agunner012 Well-Known Member

    Messages:
    168
    Joined:
    Jul 29, 2003
    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
     
  2. Dave King

    Dave King Well-Known Member

    Messages:
    2,362
    Joined:
    May 3, 2001
    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.
     

  3. Guest

    Guest Guest

    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 ]