firearm transfer question.. ffl guys enter here

[That_Guy]

im working with a private seller to purchase a 1911 compact.. i found a price i couldn't pass up. Because he is a private seller do i need to have him ship it to somebody with a ffl. or can he ship it to me? from my understanding he has to ship it to an ffl holder.

with that said anybody have the guy in tosa's phone number?

[Yooformula]

pm coop's brother, he can answer this CORRECTLY.

[That_Guy]

pm coop's brother, he can answer this CORRECTLY.

will do..

[94greenbandit]

Is he in another state or is he local

[Yooformula]

no he is in wisconsin

[MurphysLaw88GT]

In Wisconsin it is FTF.


From ATF.gov http://www.atf.gov/firearms/faq/faq2.htm#b1



B. UNLICENSED PERSONS

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

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.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


(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)]

(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See also Question B3.



Boom! There you are sir.

[That_Guy]

ugh... i wish i could transfer a pistol as easy as you can a rifle....


thanks fellas

[MurphysLaw88GT]

what do you mean....it is FTF in WI. it is easy. meet up or mail that shit thru a carrier that is not the USPS since neither of you are an FFL.

(WARNING....DO NOT DO THIS!!!!....AUTHOR WAS SMOKIN ROCKS)

[That_Guy]

what do you mean....it is FTF in WI. it is easy. meet up or mail that shit thru a carrier that is not the USPS since neither of you are an FFL.

he is shipping it to me from another state. and its a pistol ..


i re read it again and i see that it can be shipped directly to me.. "brainfart"

[MurphysLaw88GT]

make sure that when you will select an 01FFL, that they accept firearms from non-licensees (unless dude on other state will send from on 01). Can save potential headaches.

[94greenbandit]

he is shipping it to me from another state. and its a pistol ..


i re read it again and i see that it can be shipped directly to me.. "brainfart"

I read it as if he is from another state you NEED to go through a licensed FFL carrier

[MurphysLaw88GT]

I read it as if he is from another state you NEED to go through a licensed FFL carrier

[Coops Brother]

what do you mean....it is FTF in WI. it is easy. meet up or mail that shit thru a carrier that is not the USPS since neither of you are an FFL.

STOP!!!

You CANNOT and I repeat, CANNOT mail or ship a handgun to a non-licensee, PERIOD. Do it and get caught, pay up and maybe jail.
You can mail or ship any long gun as long as it doesn't go outside of WI.
The only time you may ship a handgun anywhere is if, say I, send you a copy of my FFL, then you may ship it to the address on the license only.
That is how your out of state seller will ship the pistol to an FFL of your choice, is when he recieves a signed faxed copy of the FFL.

Brian

[MurphysLaw88GT]

Licencees can ship a handgun USPS....non licencees cannot ship usps

(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]

[MurphysLaw88GT]

STOP!!!

You CANNOT and I repeat, CANNOT mail or ship a handgun to a non-licensee, PERIOD. Do it and get caught, pay up and maybe jail.
You can mail or ship any long gun as long as it doesn't go outside of WI.
The only time you may ship a handgun anywhere is if, say I, send you a copy of my FFL, then you may ship it to the address on the license only.
That is how your out of state seller will ship the pistol to an FFL of your choice, is when he recieves a signed faxed copy of the FFL.

Brian

correct. i have posted baaaddddd info there
never listen to me

[Coops Brother]

Murph, you were almost all correct, the "firearm" they refer to is a rifle. Other than that, good info.
Rules are different for a handgun, you can FTF a handgun, but it does mean face to face not MTM, mailbox to mailbox, ha... a new term, hmm.

Brian

[MurphysLaw88GT]

yeah, I can see it now....telling someone to violate '68GCA and a knock on the door.

[MurphysLaw88GT]

Murph, you were almost all correct, the "firearm" they refer to is a rifle. Other than that, good info.
Rules are different for a handgun, you can FTF a handgun, but it does mean face to face not MTM, mailbox to mailbox, ha... a new term, hmm.

Brian

dont know what I was thinkin....thanks for catching that

[Coops Brother]

dont know what I was thinkin....thanks for catching that

No problem, I would have read that the same way, had I not know otherwise.