Legal sale?

T

tschmittel

New member
I listed a revolver on Gunbroker.com. In the add I stated that I did not have an ffl. Upon the completion of the auction, I contacted the buyer and instructed him that I needed the money order and a copy of the FFL of the place where he was going to get the transfer. After receiving both and checking the FFL with the BATFE website to insure authenticity, I sent the gun from IL to MI via UPS following all fo their guidelines with shipping a firearm, including instructing them of the contents. I heard from the FFL place that he picked to do the transfer. He told me it was an illegal sale and that I needed a FFL to send a gun to MI and to sell a gun. I responded that I did not agree. He is calling BATFE on Monday to alert them of this. What do you think? I believe everything I did was on the up and up. I did everything to the letter according to Gunbroker. Does anyone have any insight? Sorry for the long post, but I'm a little freaked out.
 
K

Keltyke

Moderator
"pistolero", you ARE missing something.

An interstate handgun sale must originate from an FFL and terminate at an FFL.

To my understanding, the only time a private individual may ship a gun interstate is back to the factory for repair.

If I'm wrong, someone enlighten me.
 
H

Heepstress

New member
Correction for Keltyke

It is legal for a "nonlicensee" (i.e. private citizen) to ship a firearm to an FFL in another state. However, it is the discretion of the receiving FFL to accept or decline this arrangement.
 
K

Keltyke

Moderator
I stand corrected. "Heepstress" is exactly right, per the NRA website.

Seems to me, though, the best thing to do is ship through a FFL to a FFL. We've seen posts in TFL discussing the difficulties of a private citizen trying to ship a gun at a FedEx or UPS shipping counter.
 
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B

BobR

New member
If I'm wrong, someone enlighten me.
Click to expand...

You are wrong.


But you already figured it out. :)

*Sometimes* having an FFL do your transfer can save you money. When I sent a gun from WA to NC by FedEx it cost close to 90 dollars. If I had used an FFL who charged 35 dollars for doing the transfer I would have been ahead.

bob
 
H

hoytinak

New member
tschmittel,

You're good, you did nothing wrong. A non-FFL holder can ship to an out of state FFL holder. You just have to make sure that the receiving FFL will accept tranfers from non-FFL holders.
 
T

tschmittel

New member
Thanks for the replies. I figured the buyer setting up the transfer would check to see if his FFL would accept from a non FFL since I made note to this in the add. I specifically stated for bidders to make sure with their FFL that this wasn't a problem. It's too much of a hassle, I won't sell another one. Again thanks for your replies.
 
B

brickeyee

New member
http://www.atf.gov/firearms/faq/faq2.htm#b1


(B7) May a nonlicensee ship a firearm through the U.S. Postal Service?[Back]

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)]

(B8) May a nonlicensee ship a firearm by common or contract carrier? [Back]

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.

[18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27 CFR 478.31 and 478.30]
Click to expand...
 
M

MisterPX

New member
Buyer's FFL doesn't know the law. It may be HIS policy, but not a legal policy. Buyer's problem to find a FFL that acepts from individuals.
 
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