A friend of mine and I had a discussion the other day about selling a firearm to an individual who was from out of state.

Is it legal for me to sell my pistol to someone from another state?

Sure. You just need to ship it (or drop it off) to an FFL in his state. He will then do the transfer at that FFL.

As long as it goes through an FFL

What about "face to face" without FFL

quote:

Originally posted by 610:
What about "face to face" without FFL

It is a federal crime to transfer a firearm directly to a resident of another state.

It may also be a state crime in both jurisdictions (e.g., in states with "universal background checks").

You do not want to do this.

That's what I thought.....

Thanks for the verification!!!

quote:

Originally posted by BigSwede:

As long as it goes through an FFL

Yes, and the FFL has to be based in the same state as the buyer. It does not have to be shipped to that FFL; the seller can physically give it to the FFL, who will then transfer it to the buyer.

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Easiest way to do a "sort of" face-to-face is for the seller and buyer to meet at an FFL in the buyer's state and do the transaction with the FFL acting as the middle-man.

There’s a difference between residing in a State and being a resident of a State.

Federal law requires that you both reside in the same State. For example, my uncle is a Michigan resident while I’m a Florida resident. It’s legal, federally, for us to transfer firearms between each other when we are both in Florida or Michigan because we actually live/reside in both states. We have houses or condos in both states that we live in for months at a time.

Same thing for my brother and me when we are in Michigan for the summer. He’s a Tennessee resident, but has a house in Michigan. While we are both in Michigan for the summer, we can transfer firearms between ourselves under federal law. Michigan law is a different story, though.

“May a person who resides in one state and owns property in another state purchase a firearm in either state?

If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify." ATF link

I would read this:

https://www.atf.gov/firearms/q...r-firearms-under-gca

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

A person may transfer a firearm to an unlicensed resident of their 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 their 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 they do 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.

From 27 CFR § 478.11 - Meaning of terms:

State of residence

“Example 2.
A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.“

Just go through an FFL and don't worry about splitting hairs with definitions and other bullshit .

quote:

Originally posted by selogic:
Just go through an FFL and don't worry about splitting hairs with definitions and other bullshit .

Yup. Folks making things complicated, when it doesn't need to be in this case. Guy is from another state. Ship the damn thing to his FFL. Whatever happens in the other end is not your concern.