Buying handgun from person out of state.

[ialefty2]

How can you legally and safely buy a handgun from a person in a different
Sate.
I know it must be shipped to ffl in my state and I must fill out a form 4473. Must the person selling use ffl in his state to ship to ffl in my state?
What if handgun is not in condition as advertised, what recourse do l have.

Moderator, if this is in wrong place please move. Thanks.

 

[bigwheelzip]

From the ATF:

May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at
ATF Home Page | Bureau of Alcohol, Tobacco, Firearms and Explosives
. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful be
quest 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. See 18 U.S.C. 922(a)(5).

 

[2152hq]

Person in the other state does not by Fed law need to ship the handgun thru an FFL,, but..


>Many FFls will want the pistol sent to them from another FFL.
They don't trust recv'g a firearm from a non FFL w/only a DL copy for their log book info though by Fed regulations it's perfectly legal.
Their call. Plus it makes it easier to return if needed (see below)

>A non-FFL cannot send a handgun thru the USPO and will most times be refused at the UPS or FedEx counter for attempting to ship a handgun,,even to an FFL and with a copy of that FFL license in hand. It's just the way. Even if you are lucky enough to have them allow you to part take of their fine services,,a handgun will have to go NextDAy,,so the cost depending on weight, package size and distance traveled can easily be $75 to $100.
The Post Office can be used to ship handguns by an FFL , are generally sent standard Priority and cost about $25 or less.

> There may be a State law in place that demands that the recv'g FFL only recv a handgun from out of state from another FFL.
That is the case in NYS (shocker) and may be in other states. It involves State Firearms laws, licensing of dealers and gunsmiths.
Probably doesn't apply,,but worth asking about.


If the handgun has to be returned because it was refused by the customer,,the first point comes back into play.
If it was rec'v from another FFL,,the recv'g FFL can simple ship it back to them. It will be logged in then back out to that orig FFL. Simple but maybe a pain for the recv'g FFL. MAke sure they will do that for you and at what price as there is time and shipping involved.
The orig owner will get his pistol back from the FFL in his state but not before completing a 4473 and NICS check.

If the gun is sent to your FFL from a non-FFL and you refuse it and it has to go back,, the FFL can not simply ship it back to the non-FFL.
Here it has to go back to an FFL in the orig owners state.
The non-FFL will have to make the arrangements with an FFL at his end and get a copy of an FFL license in his state sent to the FFL that now has the pistol so it can be sent back.

The orig owner (non-FFL) will then go to that FFL in his state and take possession of the pistol but will have to make out a 4473 and NICS ck done to get the gun back.
A lot of booking in and out and paper work.

MAke sure all the FFLs are willing to do the back and forth transfers, shipping and paperwork that may occur if the gun is refused and has to go back. Make sure of costs up front for transfers and shipping, ect.

 

[ialefty2]

Thanks, that is information l was needing. Thanks again.

 

[Frank121]

Nice details...thanks!

Nice details...thanks!

Person in the other state does not by Fed law need to ship the handgun thru an FFL,, but..


>Many FFls will want the pistol sent to them from another FFL.
They don't trust recv'g a firearm from a non FFL w/only a DL copy for their log book info though by Fed regulations it's perfectly legal.
Their call. Plus it makes it easier to return if needed (see below)

>A non-FFL cannot send a handgun thru the USPO and will most times be refused at the UPS or FedEx counter for attempting to ship a handgun,,even to an FFL and with a copy of that FFL license in hand. It's just the way. Even if you are lucky enough to have them allow you to part take of their fine services,,a handgun will have to go NextDAy,,so the cost depending on weight, package size and distance traveled can easily be $75 to $100.
The Post Office can be used to ship handguns by an FFL , are generally sent standard Priority and cost about $25 or less.

> There may be a State law in place that demands that the recv'g FFL only recv a handgun from out of state from another FFL.
That is the case in NYS (shocker) and may be in other states. It involves State Firearms laws, licensing of dealers and gunsmiths.
Probably doesn't apply,,but worth asking about.


If the handgun has to be returned because it was refused by the customer,,the first point comes back into play.
If it was rec'v from another FFL,,the recv'g FFL can simple ship it back to them. It will be logged in then back out to that orig FFL. Simple but maybe a pain for the recv'g FFL. MAke sure they will do that for you and at what price as there is time and shipping involved.
The orig owner will get his pistol back from the FFL in his state but not before completing a 4473 and NICS check.

If the gun is sent to your FFL from a non-FFL and you refuse it and it has to go back,, the FFL can not simply ship it back to the non-FFL.
Here it has to go back to an FFL in the orig owners state.
The non-FFL will have to make the arrangements with an FFL at his end and get a copy of an FFL license in his state sent to the FFL that now has the pistol so it can be sent back.

The orig owner (non-FFL) will then go to that FFL in his state and take possession of the pistol but will have to make out a 4473 and NICS ck done to get the gun back.
A lot of booking in and out and paper work.

MAke sure all the FFLs are willing to do the back and forth transfers, shipping and paperwork that may occur if the gun is refused and has to go back. Make sure of costs up front for transfers and shipping, ect.