Interstate transfer of a firearm to a non-liscensee - is there a leo exemption?

[GatorFarmer]

Long story somewhat shortened. I have a tricked out FAL that I'd wanted to trade listed on Armslist. I am a SC resident. An individual contacted me with a very fair trade of an AR clone. All well and good, until the person said (via electronic communication) that they had to arrange transfer b/c they were in another state. Thus I asked if they were a legal SC resident - so that I could do the transfer. The response I got from the individual was that they were a state trooper in a neighboring state so it would be legal/fine. At this point I refused to do the trade, and the individual was graceful enough, but said there was more to the law and seemed to still believe it legal.

A quick check of the ATF website doesn't show me an exemption for transfering a gun to a resident of another state via private transaction. However I'm aware that some parts of the GCA '68 are different when it comes to Law Enforcement purchases. Thus is there an exemption in this case? But even if there was, wouldn't his transfer of his rifle to me still have been verboten under Federal Law?

I said I couldn't do the trade and was too pretty was Federal Prison. And yes, I know it would have been legal to just go through an FFL and I suggested that I was open to that (i.e. meet at an FFL and we both do paperwork since long guns could be sold to by the FFL holder in either state to a resident of any state where such and such long gun was legal.)

What say you?

 

[ditrina]

I think it could be true.....

I KNOW.... I'D RUN BUBBA RUN..

IMHO

 

[mpi]

no exemption exists to federal law.

 

[bushmaster1313]

A long gun can be mailed via the U.S. Post office to an ffl in the state of the ultimate owner for legal transfer, including a NICS check and any applicable state law.

The shipper needs to first obtain a copy of the ffl license of the out of state ffl who will receive the gun for transfer.

I would not do it any other way, and make sure it is legal in both states before you ship.

Note. I believe it is very illegal for two non ffl's who are residents of different states to do a face to face transfer without the help of an ffl.

The buyer and you could also arrange to be in the presence of an ffl with the gun for legal transfer. If you are going to his state make sure it is legal to take it there.

Be careful out there

 

[akviper]

Dealers can send firearms to individual officers in other states if ordered on department letterhead and the firearm is delivered to the agency address and not the officer's home address. I did it several times as I could not get the firearm I wanted in my state. I do not believe there is any exemption for law enforcement officers to receive out of state transfers person to person. Obviously, it's better to play it safe. He may be setting you up for a fast and furious deal.

 

[bushmaster1313]

More sage advice in the same vein.

Measure twice
Cut once

 

[2152hq]

The only L/E exemption I'm aware of (and I don't know if it's still in effect or not) was that a LEO could purchase a firearm... from an FFL in their state... and by-pass either or both the NICS & the 4473,,(I don't recall that point now). It's been quite a while since I've sold one that way.


But the LEO must present a letter from his/her Chief/Sheriff/ect. stating the specific firearm and that it would be for use for official duty only.
Letter must be original copy and signiture on Dep't. letterhead.
Seems like the letter has a dated life of so many days,,90 perhaps.
FFL keeps letter with records and logs firearm out as L/E purchase-official use/letter on file.

Aside from that I don't know of anything that exempts LE personel from private interstate purchases regarding the paperwork and background checks or whatever may be demanded from that State.

A non-FFL in another State receiving the AR in trade from him would violate the law in any case..

Meet at an FFL and do the transfer.
just my opinion of course...

 

[bushmaster1313]

One option for face to face, sort of, is to take the gun to a gun show, in your state or his, and arrange for an ffl at the show to do the official NICS check etc.

Remember. There is no gun show exemption and residents of different states can only do a transfer through an ffl.

 

[jdh]

The shipper needs to first obtain a copy of the ffl license of the out of state ffl who will receive the gun for transfer.

Not correct. An individual can send to an FFL in any state. Very few FFLs will give their license to someone who is not an FFL also. You do not need to have a copy to send it you just need to verify you are sending to a license holder.

 

[bushmaster1313]

Not correct. An individual can send to an FFL in any state. Very few FFLs will give their license to someone who is not an FFL also. You do not need to have a copy to send it you just need to verify you are sending to a license holder.

Let's be careful here.
Without a copy of the ffl how is the shipper to determine that the recipient is indeed an ffl?

BATD Ez check system is not a substitute for a copy of the ffl license

 

[doublesharp]

Let's be careful here.
Without a copy of the ffl how is the shipper to determine that the recipient is indeed an ffl?

BATD Ez check system is not a substitute for a copy of the ffl license

Not sure how a buyer/seller could rig ez check? They supply the first 3 and last 5 numbers of ffl. I go to the ATF website and do the check. It gives the address and expiration date of the receiving dealers ffl. I would only ship to the address given on the ATF site and would never ask a seller to ship to any other address than what is on ez check.

While it is not the same as the ffl, ez check is a viable alternative and with ez check the ffl holder doesn't have to worry about someone posing as an ffl on his license. The fraud often happens at gunshows. Common practice to exchange cash and give a copy of the license and in the hustle and bustle often no id is asked for.

I deal with a couple of ffl's. One is very protective of their license and under no circumstance will they give a copy of their license to an individual. They are happy to fax a copy to a transferring ffl and give the #s for an individual to do ez check. My main ffl gave me a red ink signed copy of his ffl license that I email to my shipping dealers. I don't send this to individuals but do give them the #s to perform ez check.