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View Full Version : Prviate Party Laws for Out of state sale


bluebear
10-08-2009, 12:31 PM
I bought a 70' Marlin 336 from a guy in Florida (private party non-FFL). He shipped it to my FFL in CA with his driver's license, a receipt he wrote up and a copy of the firearm info. My FFL says that he has to ship it from an FFL in FL. Is this right? Everything I have read says that as long as it is a private party, he should not have to ship through his FFL. Any help would be appreciated. Thanks!

ke6guj
10-08-2009, 12:42 PM
There is no state or federal law that requires a non-licensee use an FFL to ship a firearm to another FFL.

Some FFLs have a personal policy to only accept shipments from other FFLs, but it is not backed up by law.

zinfull
10-08-2009, 12:47 PM
Did not see anything in the Florida code about needing to sell per FFL. It is not required in CA so I highly doubt it is needed in Florida.

jerry

bwiese
10-08-2009, 12:52 PM
I bought a 70' Marlin 336 from a guy in Florida (private party non-FFL). He shipped it to my FFL in CA with his driver's license, a receipt he wrote up and a copy of the firearm info. My FFL says that he has to ship it from an FFL in FL. Is this right? Everything I have read says that as long as it is a private party, he should not have to ship through his FFL. Any help would be appreciated. Thanks!

Your FFL is wrong.

An individual can ship a legal firearm to a CA FFL. And since the shipper is not an FFL, no CFLC dance is needed either.

This transaction is not a true "PPT" however - thougha bit irrelevant for long guns. DOJ says true PPTs require both parties to have CA IDs. In cases like yours the FFL can charge whatever he wants for transfer fees (as opposed to $35 max for PPTs).

wash
10-08-2009, 12:57 PM
My policy is always check with your FFL before you have anything shipped to them...

If it's legal and they still won't do it, find someone else that will.

boxbro
10-08-2009, 3:19 PM
My policy is always check with your FFL before you have anything shipped to them...

If it's legal and they still won't do it, find someone else that will.

X2 ;)

K5Cruiser
10-08-2009, 4:06 PM
My policy is always check with your FFL before you have anything shipped to them...

If it's legal and they still won't do it, find someone else that will.
:iagree: x 3

navyinrwanda
10-08-2009, 4:08 PM
Many FFLs in California refuse to accept out-of-state shipments of firearms from non-FFLs. It's a spreading problem.

It seems that each has sometime in the past received one firearm with some "issues." None that I have spoken with will ever explain what those "issues" were. And many also claim that it's illegal for non-FFLs to ship any firearm intrastate or interstate.

More FUD and customer-unfriendly behavior.

halifax
10-08-2009, 4:51 PM
Many FFLs in California refuse to accept out-of-state shipments of firearms from non-FFLs. It's a spreading problem.

It seems that each has sometime in the past received one firearm with some "issues." None that I have spoken with will ever explain what those "issues" were. And many also claim that it's illegal for non-FFLs to ship any firearm — intrastate or interstate.

More FUD and customer-unfriendly behavior.

Here is one example of an issue:

The one time it didn't go well for me involved a guy who, after agreeing, didn't sent a copy of his DL. Several emails sent without reply. My customer provided me with his phone number. He said he was told he didn't need to give me a copy and he wasn't going to. I should have sent the gun back but my customer had already paid for it and I had his name, address, phone number, email address, and the packing labels. I went ahead with the transfer but it left me feeling that I wouldn't do that again. Now I get a fax of the DL first and a promise to include a color copy of it with the firearm. So far, so good.

Liberty Rules
10-08-2009, 5:30 PM
Here is one example of an issue:

The one time it didn't go well for me involved a guy who, after agreeing, didn't sent a copy of his DL. Several emails sent without reply. My customer provided me with his phone number. He said he was told he didn't need to give me a copy and he wasn't going to. I should have sent the gun back but my customer had already paid for it and I had his name, address, phone number, email address, and the packing labels. I went ahead with the transfer but it left me feeling that I wouldn't do that again. Now I get a fax of the DL first and a promise to include a color copy of it with the firearm. So far, so good.

Is it required that a non-FFL from out of state include a photocopy of his driver's license when shipping a firearm to a CA FFL01? If so, is that Fed or state law? I obviously don't see the boxes when they arrive at my FFL's doorstep, but I don't recall this being mentioned in any of my out of state transactions.

navyinrwanda
10-08-2009, 6:57 PM
Here is one example of an issue:

The one time it didn't go well for me involved a guy who, after agreeing, didn't sent a copy of his DL. Several emails sent without reply. My customer provided me with his phone number. He said he was told he didn't need to give me a copy and he wasn't going to. I should have sent the gun back but my customer had already paid for it and I had his name, address, phone number, email address, and the packing labels. I went ahead with the transfer but it left me feeling that I wouldn't do that again. Now I get a fax of the DL first and a promise to include a color copy of it with the firearm. So far, so good.
I'm not aware of any section of either the USC, CFR, Cal. Code or CCR that requires a driver's license to accompany an interstate firearm shipment to a licensee.

Could you point us to the relevant authority for this requirement?

ke6guj
10-08-2009, 7:05 PM
federal law does require that the licensee enter in the name and address of the shipper into his bound book. How the FFL decides to acquire that info is not specified in the USC.

So, some FFLs will just write down the info off the box, others may need an invoice/bill-of-sale to list the name/address, and others may want a copy of a DL. Info copied directly off a DL may be more likely to be legit, then just a sheet of paper with a name/address writen on it. At that point, you are dealing with an FFL's personal policies on how they want to comply with the law.

navyinrwanda
10-08-2009, 7:19 PM
At that point, you are dealing with an FFL's personal policies on how they want to comply with the law.
Yep.

halifax
10-08-2009, 7:58 PM
Is it required that a non-FFL from out of state include a photocopy of his driver's license when shipping a firearm to a CA FFL01? If so, is that Fed or state law? I obviously don't see the boxes when they arrive at my FFL's doorstep, but I don't recall this being mentioned in any of my out of state transactions.

No, that is what I required to properly identify the seller and he agreed to it.