Need a reference link to the laws abour a rifle transfer.

[Acera]

I know this has been discussed to death on here, but I can't seem to get the search function to find what I need.

Got a rifle deal pending and I told the seller that inside the state of Texas there is no need for a non-dealer to use a FFL to transfer a used rifle to another non-dealer. He can ship that rifle directly to my door.

However, he is LEO and has had it beaten into his head that all transfers must go through a dealer. I think if I reference proper legal codes on this he will be fine.

Can anybody provide the links to the pertinent legislation that will show where what I want to do is legal?


Thanks,


(Now if for some reason I am totally off base with this, setting me straight would be appreciated also, LOL)

 

[tx_transplant]

It's answered in 2 of the FAQ's here. ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm.

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.

 

[Acera]

Thanks tx_transplant, but that does not make any mention of it being a rifle or a handgun. If I am not mistaken there must be other legislation that says that a handgun must go through a FFL, as those two paragraphs don't cover that, but reading a bit farther this paragraph did.

Thanks again,

A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]

You guys got anything else I should pass on??

 

[tx_transplant]

Good catch. That was actually the paragraph I meant to highlight. Oops. Glad it helped, though.

 

[Charlie]

Seems earlier posts pretty much cover the subject. If the buyer won't budge on his thinking, just tell him to incur any extra expenses.

 

[M. Sage]

Thanks tx_transplant, but that does not make any mention of it being a rifle or a handgun. If I am not mistaken there must be other legislation that says that a handgun must go through a FFL, as those two paragraphs don't cover that, but reading a bit farther this paragraph did.

Thanks again,




You guys got anything else I should pass on??

Handgun has to be shipped to an FFL, not transferred through one (just to clarify).

 

[Charlie]

(It's a rifle deal)

Everytime I've had a handgun shipped to my FFL he has completed the 4473. Has he been doing it wrong all these years?

 

[M. Sage]

(It's a rifle deal)

Everytime I've had a handgun shipped to my FFL he has completed the 4473. Has he been doing it wrong all these years?

I don't think so.

What I meant was that for a handgun, you can meet FTF. I'm sure we all know that, but I just wanted to make sure.

 

[Charlie]

Gotcha' Thanx!

 

[Acera]

Well he has the stuff, waiting on a response to see if he will ship it.

Thanks All for the assistance.

 

[Bithabus]

Handgun has to be shipped to an FFL, not transferred through one (just to clarify).

handguns can legally be shipped in state door to door.

 

[Bithabus]

Thanks tx_transplant, but that does not make any mention of it being a rifle or a handgun. If I am not mistaken there must be other legislation that says that a handgun must go through a FFL, as those two paragraphs don't cover that, but reading a bit farther this paragraph did.

Thanks again,




You guys got anything else I should pass on??

"Mail" here means specifically the USPS. You can use a contract carrier to ship a handgun door to door in state.

 

[Acera]

"Mail" here means specifically the USPS. You can use a contract carrier to ship a handgun door to door in state.

So you are saying that a handgun sale does not require a FFL transfer if both parties reside in the same state, legal to own a handgun and use something other than USPS to mail the gun to each other?

In essence no FFL transfer is required on any individual to individual, non-face to face, purchase inside the state regardless if it's a long gun or handgun, and that sale can be transacted through a non-USPS carrier??

 

[Bithabus]

So you are saying that a handgun sale does not require a FFL transfer if both parties reside in the same state, legal to own a handgun and use something other than USPS to mail the gun to each other?

In essence no FFL transfer is required on any individual to individual, non-face to face, purchase inside the state regardless if it's a long gun or handgun, and that sale can be transacted through a non-USPS carrier??

This is correct. UPS and FedEx may not agree to mail a handgun under these circumstances, but you are under no legal obligation to tell them there is a gun in the box. If they ask you can say there are machine parts or rocks. You only have to tell them there is a gun in the box when shipping in interstate commerce.

 

[Koinonia]

This is correct. UPS and FedEx may not agree to mail a handgun under these circumstances, but you are under no legal obligation to tell there is a gun in the box. If they ask you can say there are machine parts or rocks. You only have to tell them there is a gun in the box when shipping in interstate commerce.

Now THAT is handy to know. No more excuses for not selling a gun to someone across state! :-D

 

[Bithabus]

Now THAT is handy to know. No more excuses for not selling a gun to someone across state! :-D

Some sellers will not agree to ship this way. And, since you are violating the carrier's policy, likely recovering insurance would be difficult in case the gun gets damaged in transit. As long as buyer and seller are aware of all the details there is no problem.