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View Full Version : Help!!! Selling firearms out of state...


voodoo
12-11-2006, 9:55 AM
I am in the process of selling a firearm to a fellow in AZ, and in all honesty, I don't know how to go about doing it. I'm so used to buying firearms, I'm at a loss when it comes to selling them! :o

Can someone give me a step-by-step lesson on how to successfully (and legally) complete this transaction?

Thanks in advance.

webster223
12-11-2006, 10:29 AM
1. Don't sell to a felon or someone who is otherwise ineligible.

2. Get a signed copy of the FFL for the licensed dealer who will be handling the transaction for the buyer. Confirm dealer is willing to receive a firearm from a private party.

3. Go to UPS or FedEx, declare your firearm, and spring for the exorbitant shipping to the buyer's dealer.

Dan

voodoo
12-11-2006, 10:41 AM
Thanks Dan.

re:

1). How would I know?

re:

3) You mean I don't have to use an FFL on my end to ship my firearm??? I was under the impression that I always had to use an FFL to ship if it was for a purchase or sale of a firearm sale? I know I don't need one if I'm shipping it, say, to a gunsmith or manufacturer.

webster223
12-11-2006, 11:00 AM
1) They'll have to go through a background check to pick up from their FFL. But if you have reason to know that they're ineligible, don't sell to them. I once had a potential "buyer" tell me he had a felony for weapons possession. Don't know if it was a sting but needless to say the conversation ended rapidly.

2) FFL is only required on the pickup end, but lots of dealers require shipment from an FFL holder as well, in an abundance of caution and/or confusion.

bwiese
12-11-2006, 11:01 AM
Hi...

Of course, you should not knowingly ship to a felon or prohibited person - but that
person is in another state and it's his issue to deal with his laws and his FFL and paperwork.
Your deal is 'cleaned' on your side by following the law and shipping gun to the FFL.


Only one FFL needs to be involved in such a transaction. You can ship to directly to an
AZ FFL. (It is true that some FFLs don't like to receive from non-FFLs, but that is a self-imposed
business practice and in no way required by law. If that FFL doesn't wanna accept your firearm,
you should be able to find plenty of others in AZ, in your purchaser's locale, that will.

voodoo
12-11-2006, 12:48 PM
If I find an FFL that will allow me to ship directly to is there any reason, other than to verify that they are indeed an FFL, for me to ask for a signed copy of their FFL ???

bwiese
12-11-2006, 1:07 PM
If I find an FFL that will allow me to ship directly to is there any reason, other than to verify that they are indeed an FFL, for me to ask for a signed copy of their FFL ???

No. And the signed-in-ink thing between FFLs has gone away too - faxed signed FFL copies are now acceptable.

Merely verify that they have a current FFL via the BATF "E-Z-Check" website - you just need the first 3 and last 5 digits of his FFL#.

Do not ship the firearm(s) to addresses other than what comes up.

Sydwaiz
12-11-2006, 3:20 PM
Buyer hands seller cash, seller hands buyer gun if face to face correct?

sorry to hijack!

bwiese
12-11-2006, 5:24 PM
Buyer hands seller cash, seller hands buyer gun if face to face correct?

NO NO NO!! Absolutely incorrect.

This hasn't been the case, starting 1 Jan 1991.

Within CA, most all firearms transfers must go thru services of an FFL dealer, be DROS-'papered' and wait 10 days, etc.

"Private Party Transfer" just means 2 parties transfer via an FFL, instead of the gun going into actual FFL inventory. It does not mean skipping waiting period or paperwork.

[There are very, very limited exceptions for certain interfamilal transfers and 50+yr old C&R stuff.]

If buyer and seller are from different states, the transfer must go thru FFL too to avoid Federal interstate transfer issues.

webster223
12-11-2006, 5:42 PM
What bweise said. Interstate transfers, with few exceptions, must go through a licensed dealer. See 27 Code of Federal Regulations 478.29 & 478.30, and 18 U.S. Code 922. The NRA sums it up thusly at this link: (http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=60)

"An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence."

Now, if both of you were AZ residents transferring the firearm in AZ, a face-to-face transfer without a dealer would be just fine, assuming the transaction were otherwise legal.

Sydwaiz
12-11-2006, 5:45 PM
Okay, I knew about California transfers but wasn't sure about the interstate ones. My statement was only directed toward out of state sales.
What if a California resident is storing firearms outside of California and wants to sell them outside of California? Especially if said firearms aren't legal in California?

eta: woops, I type too slow! thanks guys.

Steyr_223
12-11-2006, 5:46 PM
"There are very, very limited exceptions for certain interfamilal transfers and 50+yr old C&R stuff."

So to be clear a seller in Cali can sell a C&R rifle to buyer directly only of that person if from Cali? If the buyer is from out of state an FFL on in the buyers side must be used, correct?

Mssr. Eleganté
12-11-2006, 11:15 PM
So to be clear a seller in Cali can sell a C&R rifle to buyer directly only of that person if from Cali?

Yes. A C&R rifle or shotgun that is at least 50 years old can be sold like this.

If the buyer is from out of state an FFL on in the buyers side must be used, correct?

Correct.