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Old 12-06-2010, 3:07 PM
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ask him how you can do an interstate intrafamily transfer without involving and FFL and not violate these federal regulations?

Quote:
478.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of 478.96(c) and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of 478.30 and 478.97.

[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]

478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and

(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

[T.D. ATF–313, 56 FR 32508, July 17, 1991; 57 FR 1205, Jan. 10, 1992]

alternatively, even thought he was of the opinion that an FFL wasn't needed, that doesn't mean that you couldn't use an FFL to be extra safe. Similiar to how some people won't do a paperless transfer of a 50+ year-old rifle, but want it done as a PPT through a dealer "for their protection". Just because it doesn't have to be done through a dealer doesn't mean that it can.t


I've had friends sell rifles while out of state and the buyer's FFL tried to say that they could just do a cash-and-carry FTF transfer, no FFL needed. My friend was smart enough to get that sale through the FFL's books, to protect himself. He explained to the FFL that the FFL could just log it in from him, and then do a 4473 to the buyer (with whatever NCIS stuff he needed to do as well) and my friend was willing to pay him his transfer fee to do that. the FFL agreed.
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