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Shipping Shotgun

Discussion in 'Shooting Related Threads' started by Chip Pitcairn, Dec 24, 2011.

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  1. Chip Pitcairn

    Chip Pitcairn TS Member

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    I know this has been answered at least 10,000 times, but if I am selling a shotgun to an out of state individual do I need to go through an FFL?
     
  2. grntitan

    grntitan Well-Known Member

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    In short, YES.
     
  3. Rich219

    Rich219 Active Member

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    Yes, it has to be sent to an FFL but it doesn't not need to be sent FROM an FFL. Some FFLs won't receive from individuals though.
     
  4. Rebel Sympathy

    Rebel Sympathy Well-Known Member

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    And, according to the law, if you do NOT go through an FFL, the buyer is not breaking the law; the seller is the one breaking the law. Mike
     
  5. Fcraft1

    Fcraft1 TS Member

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    Sorry I'm new, what is FFL and how do you arrange?
     
  6. bob easton

    bob easton TS Member

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    FFL - Federal Firearm License holder. Most gun shops have one.

    The Gunbroker site has an FFL finder ... at the link above.
    --
    Bob
     
  7. OldGoat

    OldGoat Well-Known Member

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    I understand that there is another exception in that an individual can ship a shotgun back to a manufacturer for repair work and use US Postal Service - not using an FFL to ship. After the repair, the manufacturer can ship directly back to the owner without going through an FFL holder. Is this correct? Thanks, Ed
     
  8. skeet_man

    skeet_man Well-Known Member

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    OldGoat- It doesn't have to go USPS, it can go Fedex or UPS.
     
  9. Shooting Jack

    Shooting Jack Active Member

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    Clarify something for me. You state that it is to an out of state individual. If that person is in his home state you must send to FFL. If he is presently in your state though from another state you can sell face to face with no FFL but I would recommend going to a local FFL and for a $20.00 charge they will record the gun and complete a 4473 showing an exchange. Jackie B.
     
  10. vpr80

    vpr80 Active Member

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    Jack, no so fast. Most states will allow a face to face transaction, but I just did one with a Mass seller and was told by the ATF that we are NOT allowed to do the transaction without an FFL. So it was shipped to my home state to an FFL.
     
  11. bridgetoofar

    bridgetoofar TS Member

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    You received bad info from ATF on the Federal side. Nothing has changed much there for the past 43 years. However, these days there are some State laws that may require a FFL or other form of registration even if an In-State transaction. Bottom line is to know and follow the law, but that should not include voluntary registration in my mind.

    Shipping: Long guns can be shipped by common carrier or by USPS. Handguns by common carrier only. Guns for sale need to go to (not from) a FFL holder. Guns for repair, service, customizing, etc can go directly from the owner to the business and back with no FFL involvement. Or, as some of us do, drop off a gun at a vendor at a shoot for work and then he can later UPS it directly back to you.
     
  12. BigM-Perazzi

    BigM-Perazzi Well-Known Member

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    Shooting Jack, Your wrong....


    from the BATF

    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]
    Q: 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?

    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 922(b)(3)]

    In all cases, the term 'licensee' refers to a Federal Firearms License.. or gun dealer.
     
  13. Joe Potosky

    Joe Potosky Well-Known Member

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    By the way, you can ship a firearm to yourself without using an FFL.

    Ship C/O. By law, your the only person allowed to open the package.
     
  14. BigM-Perazzi

    BigM-Perazzi Well-Known Member

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    if I am selling a shotgun to an out of state individual do I need to go through an FFL?


    this was the question.
     
  15. sliverbulletexpress

    sliverbulletexpress TS Member

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    No not if you are selling you do not have to use an FFL on the selling end. BUT...many FFL's will not accept a firearm from an out of state individual on the receiving end. If that is the case you will have to find a local FFL to ship it for you.

    It's all about paperwork. Every firearm that comes into a FFL's business and stays overnight or longer has to be entered into their log book. They have to identify who brought that firearm in, when it's from an individual out of state they have to accept a copy of their drivers license and hope it's not forged. It's a risk and fewer and fewer are willing.
     
  16. g7777777

    g7777777 TS Supporters TS Supporters

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    There are also state regulations that may impact on this question.

    There are many shipping regulations

    If you ship to an FFL for transfer to the individual (you have to do that legally) than you are likely to be ok but if in doubt call or get an opinion from the ATF and an attorney in your state.

    Regards from Iowa

    Gene
     
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