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Interstate private sale- FFL Necessary?

Discussion in 'Shooting Related Threads' started by W.P.T., Jan 19, 2010.

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  1. W.P.T.

    W.P.T. TS Member

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    We do it all the time here in Arizona ... WPT ... (YAC) ...
     
  2. spitter

    spitter Well-Known Member TS Supporters

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    If its an arm's length transaction between "known" parties, an FFL is not required in Illinois, but I believe both must be residents with a valid FOID or the out-of-stater, must be a resident of a contiguous state to Illinois.

    If any fellow "Prairie Staters" have better info, please correct...

    regards all,

    jay
     
  3. shooter99

    shooter99 Well-Known Member

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    Private sales and not being shipped there is no need for a FFL to get involved.
     
  4. 870

    870 Well-Known Member

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    "Is shipping to an FFL required for transactions between private individuals in different states? Shotgun or rifle- no handgun. " - Yes

    "Face to face and intrastate transactions don't require FFL correct?" Generally, no FFL needed for transactions with a resident of your state.
     
  5. Catching Chrome

    Catching Chrome Member

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    Inside PA - OK! only long guns such as rifles and shotguns.
     
  6. ou.3200

    ou.3200 Well-Known Member

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    According to Federal regulations it is only legal to transfer a long gun without going through a FFL license holder if both the buyer and seller reside in the same state. If the buyer resides in a different state than the seller an FFL transfer is required even if the sale is face to face. Go to the BATFE website and read the regulations to be sure you don't inadvertently violate Federal law.
     
  7. redhawk44

    redhawk44 Member

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    From ATF:


    --------------------------------------------------------------------------------

    Q: To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, 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(d), 27 CFR 478.29 and 478.30]

    Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire 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. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
     
  8. waverider

    waverider Well-Known Member

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    NXER,

    "A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes."

    I interpret the statement as while in a another state you can borrow or rent a firearm and not be in violation of federal law.

    The loop hole in my mind is you go to another state; "borrow" a firearm and bring it home. If you decide to keep it, I think you will be ok if you have your local FFL record the transfer.

    Jason
     
  9. Setterman

    Setterman Well-Known Member

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    What about selling a frame, trigger and forend iron to a person in another state? FFL needed??? The parts would be sent UPS.
     
  10. redhawk44

    redhawk44 Member

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    The part that has the serial number on it is a gun in the eyes of ATF.
     
  11. PerazziBigBore

    PerazziBigBore TS Member

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    The receiver is the part that needs to be regestered.. Many shotguns..have barrels,triggers,forend irons that all bear the serial number..but none of which need to be regestered.. ONLY the receiver..
     
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