Question about how to sell a gun online

epic4444

New member
i want to put one of my rifle for sale on one of the online gun-selling websites but im wondering about how you do the paper work? i know for a private party transfer in my state (ca) both parties must sign a bunch of paper work but what exactly do i do when i sell the rifle online? do isimply ship it to the buyers FFL after getting the confirmation and payment needed and thats it for my half of the deal?
 

carguychris

New member
do isimply ship it to the buyers FFL after getting the confirmation and payment needed and thats it for my half of the deal?
Theoretically yes, unless it's otherwise prohibited by California law. I'm totally unfamiliar with the firearms sales regulations in your neck of the woods, so you probably need to check in a CA-specific forum.

You also need to check if the buyer's FFL will accept shipments from a non-FFL. Many won't, simply because it invites ATF scrutiny and the FFL doesn't want to wind up holding the bag if the buyer doesn't show up and/or the gun turns out to be stolen.
 

Art Eatman

Staff in Memoriam
Looking at federal law, and leaving California's requirements out of the issue: The buyer must find an FFL dealer who will handle the transaction. He needs to send you the dealer's name, address, and ATF number so that your shipper (commonly UPS, or for a rifle, USPS as well) can legally handle the deal. The buyer pays the FFL's fee for handling the deal.
 

popeyespappy

New member
I suggest you talk to the buyer’s dealer directly to verify his information before you ship. I was getting ready to ship a shotgun I sold on TFL forum yesterday and when I called to verify the FFL's shipping information I found out they were going to be closed for most of the time between Christmas and New Years. If I hadn’t talked to him the shotgun would have probably have been returned after a few days of no delivery and there’s no telling what kind of problems that would have caused. I’m not even sure the shipper would give it back to me since I am not an FFL.

I did let the buyer know I wouldn’t be shipping until after Christmas and why.
 

Scorch

New member
I would suggest calling your local gun shop and asking a few questions about that. I have been told that in CA you have to report the sale and the buyer's FFL has to report the purchase.
 

blhseawa

New member
Actually, there are a couple of issues.

Out-of-state sales, requires that a FFL in the state of origin, packages and ships to an FFL in state of destination. Thus unless you are your self an FFL, under Federal law it is a crime to sell or transfer any firearm across state lines.

Only in-state can private party sells occur legally provide that both the seller and buyer are legally able to possess firearms in that state.

That said there are a host of legal issues for both the buyer and seller in private party sells.

For any number of reasons, I would consult a local gun shop and recommend that if you sell online, you use your local gun shop to transfer the gun for you.

You will usually pay the handling fee of your local FFL dealer (gun shop) and the buyer will handle the cost of the fee from the receiving FFL at the destination state. The reason I recommend this is dealers know the applicable federal and state laws dealing with firearm transfers. Because of possible criminal penalties, this is not an area of law where you want to make mistakes, knowingly or unknowingly. Ignorance is not a defense under the law.

Just, my $0.02. YMMV.
 

ISC

Moderator
blhseawa said:
Out-of-state sales, requires that a FFL in the state of origin, packages and ships to an FFL in state of destination. Thus unless you are your self an FFL, under Federal law it is a crime to sell or transfer any firearm across state lines.

Unless that is a specific California law, there is no rule or law that requires an FFL in order to ship a rifle in state or out of state. An FFL is required to recieve a firearm. Shipping a handgun by USPS requires a FFL, but they can be shipped by Fedex without one.

blhseawa said:
Only in-state can private party sells occur legally provide that both the seller and buyer are legally able to possess firearms in that state.

That said there are a host of legal issues for both the buyer and seller in private party sells.

For any number of reasons, I would consult a local gun shop and recommend that if you sell online, you use your local gun shop to transfer the gun for you.

You will usually pay the handling fee of your local FFL dealer (gun shop) and the buyer will handle the cost of the fee from the receiving FFL at the destination state. The reason I recommend this is dealers know the applicable federal and state laws dealing with firearm transfers. Because of possible criminal penalties, this is not an area of law where you want to make mistakes, knowingly or unknowingly. Ignorance is not a defense under the law.

Just, my $0.02. YMMV.


Having an FFL doesn't mean that they know the law. Many FFL holders are pretty ignorant of the law and err on the side of caution due to their lack of knowledge. Instead of asking the gun shop (which has an economic interest in convincing you to transfer through them) go the the ATF website and look at their FAQ section.
 
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