Private transfer of firearm from resident of one state to resident of another state

[CorpsVet]

I know that a resident of one state cannot sell a firearm to a resident of another state, my question is, is a gift of a firearm from a resident one one state to a resident of another state also prohibited? Thanks

 

[SMS]

Is a gift prohibited? No, and neither is a sale for that matter, but the transfer must be completed through a licensed gun seller.

 

[mr ed]

Why you need to go thru a dealer. Lets say your going to give sweet sally your cousin a gun. But what you don't know is sally got busted 10 years ago and was convicted but received probation only. The family covered it up so you never heard about it. You give her the gun. 2 years from now she gets caught with the gun. They ask where she got it, she says her cousin from Okla gave it to her. The next thing you know the feds are on your doorstep and your in a world of shiite for an illegal transfer. The law is simple, all non-ffl holders transferring possession of a firearm across state lines must go thru an ffl dealer. Doesn't matter whether you sell,give,trade raffle, donate or whatever its a transfer of possession.

 

[Fyrtwuck]

Federal law says that guns crossing state lines transferring possession from one person to another is illegal. I have also seen visiting relatives from one state receive guns as gifts from relatives who live in another state and they put them in their luggage or trunks and took them home with them.

I don't see ATF making a fuss over something like that unless the gun was used in a very serious crime or they were looking to stack charges on someone. ATF does not have the manpower to check every gun as it crosses a state line unless they're doing another Fast & Furious.

 

[chindog]

Best to go FFL to FFL. So, if you are giving a firearm to someone in another state, you can take the handgun (assuming that is what you are referring to) to your local gun shop, and have them ship it to an FFL in the recipient's state. Then the recipient can do the 4473 at their FFL's shop, and receive the firearm. I've been researching since I'm doing some state to state transfers.

 

[mugsy]

Best to go FFL to FFL. So, if you are giving a firearm to someone in another state, you can take the handgun (assuming that is what you are referring to) to your local gun shop, and have them ship it to an FFL in the recipient's state. Then the recipient can do the 4473 at their FFL's shop, and receive the firearm. I've been researching since I'm doing some state to state transfers.

I'm curious - why do you think FFL to FFL is necessary? The legal requirement is that the transfer go through an FFL in the purchasers State of residence. The seller has no requirement to ship from an FFL in his State.
I know that some FFLs ask for that a weapon come from an FFL but that is really a matter of their personal comfort not a requirement of the law.

 

[CAR-AR-M16]

From To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may 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)(5) and 922(d); 27 CFR 478.30, 478.32]

 

[chindog]

I'm curious - why do you think FFL to FFL is necessary? The legal requirement is that the transfer go through an FFL in the purchasers State of residence. The seller has no requirement to ship from an FFL in his State.
I know that some FFLs ask for that a weapon Coke from an FFL but that is really a matter of their personal comfort not a requirement of the law.

I did not know that. I wasn't aware an unlicensed person could ship a firearm out of state, other than returning a gun for repair. I stand corrected.

 

[Rod Snell]

Here is a link to the ATF pamphlet on private transfers:
you can print it out

https://www.atf.gov/firearms/docs/r...s-transfers-firearms-private-sellers/download

 

[tomthebaker]

I saw a guy buying guns, and turning around and selling than for a profit under Obama. At Wanenmachers. Because there was a demand for no-paperwork guns.

If course, that's a felony. Turned me off to paying a cent more to buy private.