I know it needs to go through an FFL. But can I transport the rifle myself to the buyer's FFL in his home State ?

Utah ==> Idaho

Thanks.

Following to hear from someone who knows, but if you can legally possess the rifle in the target state I don't know why you couldn't walk it into an FFL there and sell it.

quote:

Originally posted by slosig:
Following to hear from someone who knows, but if you can legally possess the rifle in the target state I don't know why you couldn't walk it into an FFL there and sell it.

That's the way it naively seems to me. But I want to avoid any potential gotchas: "Transporting across state lines with intent to sell" or some other legal sophistry. I really just don't know.

Somebody in the forum membership who is an FFL and knows the rules needs to respond to this.

It was my understanding (I'm NOT an expert) that rifles (not pistols, but rifles - long guns) did not have to be transferred through an FFL.

Please, somebody who knows for sure, let us know what the law/rule is.

I am an 01 FFL.

Yes, you can hand deliver the rifle to a licensee in the buyer's state of residence.

You will transfer the rifle to the licensee, who will in turn do an over-the-counter-transfer (i.e., 4473, etc.) to the buyer.

This assumes that:
- You find a licensee willing to do this;
- Neither state prohibits this (I don't think there are any that do); and
- The rifle is legal for you to possess and the buyer to own in the buyer's state of residence.

From the ATF FAQ

How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?

An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]

quote:

Originally posted by Sig2340:
I am an 01 FFL.

Yes, you can hand deliver the rifle to a licensee in the buyer's state of residence.

You will transfer the rifle to the licensee, who will in turn do an over-the-counter-transfer (i.e., 4473, etc.) to the buyer.

This assumes that:
- You find a licensee willing to do this;
- Neither state prohibits this (I don't think there are any that do); and
- The rifle is legal for you to possess and the buyer to own in the buyer's state of residence.

Thanks Sig2340. But your answer still leaves me wondering: Is it illegal for someone who can legally possess the rifle to transfer it (by gift or by sale) to someone else who can legally possess the rifle without going through an FFL?

quote:

From the ATF FAQ

How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?

An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]

I's right there in bold black & white!

quote:

Originally posted by Sig2340:
I am an 01 FFL.
Yes, you can hand deliver the rifle to a licensee in the buyer's state of residence.

Thanks!

quote:

Originally posted by SapperSteel:
Is it illegal for someone who can legally possess the rifle to transfer it (by gift or by sale) to someone else who can legally possess the rifle without going through an FFL?

Face to face transfers between two residents of the same state are legal, under federal law. No need to go through a FFL. (Local/state laws may vary, though; some states require all transfers to go through a FFL.)

But firearm transfers between residents of two different states always have to go through a FFL. Even on rifles.

Wow, I never knew that. I'd have thought you could drive to Idaho, make the purchase, take possession, and drive home. Call it a day.

quote:

Originally posted by RogueJSK:

quote:

Originally posted by SapperSteel:
Is it illegal for someone who can legally possess the rifle to transfer it (by gift or by sale) to someone else who can legally possess the rifle without going through an FFL?

Face to face transfers between two residents of the same state are legal, under federal law. No need to go through a FFL. (Local/state laws may vary, though; some states require all transfers to go through a FFL.)

Firearm transfers between residents of two different states always have to go through a FFL. Even on rifles.

Thanks for clarifying, RogueJSK and nhracecraft.

quote:

Originally posted by SapperSteel:

quote:

Originally posted by Sig2340:
I am an 01 FFL.

Yes, you can hand deliver the rifle to a licensee in the buyer's state of residence.

You will transfer the rifle to the licensee, who will in turn do an over-the-counter-transfer (i.e., 4473, etc.) to the buyer.

This assumes that:
- You find a licensee willing to do this;
- Neither state prohibits this (I don't think there are any that do); and
- The rifle is legal for you to possess and the buyer to own in the buyer's state of residence.

Thanks Sig2340. But your answer still leaves me wondering: Is it illegal for someone who can legally possess the rifle to transfer it (by gift or by sale) to someone else who can legally possess the rifle without going through an FFL?

If the seller or giver and buyer or gift recipient are residents of different states, all transfers of a handgun must go through a licensee (FFL) in the buyer/recipient's state of residence.

If the seller/giver and buyer/gift recipient are residents of different states, all transfers of a rifle or shotgun must go through either:

(1) a licensee (FFL) in the buyer's state of residence, or

(2) a licensee in the seller's state of residence, provided the sale or transfer of a rifle or shotgun from a licensee to a non-resident is (a) legal under the laws of both states, and (b) that sale or transfer is handled as an over-the-counter transcation (i.e., on a 4473).