person to person FFL transfers?

[wheelyfun66]

Hey All,
My friend just bought an SP101 that he knew I was looking for....
We live across the river from each other, different states.

So, can I just bring the gun to my FFL and have him do a transfer, or does my friend NEED to be present as well?

It's not like my friend needs to fill out any paperwork, right?

Any help with this would be appreciated. (My FFL is closed until Mon evening, but it would be great to know ahead of time)
thanks!

 

[sipowicz]

In my state, both parties have to be there...don't know how else you can do a PPT.

 

[Alnamvet68]

An FFL dealer cannot effect a transfer to a buyer from out of state, unless the buyer is on active duty with PCS orders to your state. The easiest way is to send your gun to your friend's FFL, and let them do the transfer.

 

[labworm]

Have his FFL in his state ship it to your FFL in your state.

I believe the SP 101 is a hand gun.

You guys in VT with little gun laws

 

[H Richard]

Yes, must transfer from FFL to another FFL if a handgun crosses the state line. Then the receiving FFL can transfer to your friend via a 4473 purchase form.

 

[labworm]

Yes, must transfer from FFL to another FFL if a handgun crosses the state line. Then the receiving FFL can transfer to your friend via a 4473 purchase form.

He is from Vermont, they don't know what gun laws are up there.

 

[truckemup97]

He is from Vermont, they don't know what gun laws are up there.

And that's the way it should be.

 

[gm272gs]

...My friend just bought an SP101 that he knew I was looking for....

Okay. Here's what everyone has overlooked; you are saying that your friend bought a gun with the intent on selling it to you? That is a straw purchase. You are both guilty of a felony.

 

[ladder13]

Okay. Here's what everyone has overlooked; you are saying that your friend bought a gun with the intent on selling it to you? That is a straw purchase. You are both guilty of a felony.

NOPE, only illegal if the person who ultimately receives the gun is a felon or otherwise unable to legally possess the firearm.

 

[R. G. Amos]

I believe the friend in the other state can ship the gun direct to your FFL in your state. I do not have an FFL and have shipped several handguns direct to FFL dealers in other states. Of course state laws may not allow this but Federal laws do allow such.

Whether this was a straw purchase, is an interesting question. Your friend must have answered on the FFL form that he was buying the gun for his own use. I do not know whether any subsequent transfer of the gun through an FFL dealer is a mitigating factor.

 

[R. G. Amos]

NOPE, only illegal if the person who ultimately receives the gun is a felon or otherwise unable to legally possess the firearm.

I don't think this is correct. The law doesn't address the person to whom the firearm may subsequently be transferred. If you state on the FFL form that the firearm is for your personal use, it must be so. In any event it is against federal law to transfer a firearm to a non-eligible person regardless of the source of the firearm.

I was once told by an FFL dealer that I could buy a firearm for a family member only if I as well as the family member filled out the FFL form.

 

[2152hq]

The friend did not make a straw purchase of the handgun originally as it is being transfered to the OP by way of an FFL which will require a 4473 and NICS check on the OP.

If the friend purchased it with the intent to mearly hand it over to the OP because the OP is unable to purchase a firearm through an FFL (will fail NICS check for any reason), or to avoid any State or Federal laws (being from different States) then that would be a straw purchase.

The straw purchaser is one who buys a firearm and then knowingly provides that firearm to a person who otherwise would not be able to legally purchase and/or possess a firearm.

 

[labworm]

I walk into the LGS with my niece who 2 months ago received her License To Carry (Gun Permit)

I also have the same License.

I tell the owner (FFL) I want to purchase her a Lady Smith as a gift, he looks at both of our licenses, I hand him the money, she fills out the 4473.

Straw Purchase?

 

[YogiBear]

Aloha,

ATF FAQs see Question 7

http://www.atf.gov/files/firearms/industry/0501-firearms-top-10-qas.pdf

OK for Non FFL to ship to FFL via UPS or FedExor other common carrier.

 

[wheelyfun66]

Okay. Here's what everyone has overlooked; you are saying that your friend bought a gun with the intent on selling it to you? That is a straw purchase. You are both guilty of a felony.

Glad to see we have some lawyers up in here!
Nowhere did I clearly state that he bought it specifically to pass on to me.....just that he knew it was an item I was interested in. While intent might be implied by my words, nothing illegal is going on here.

Thanks to those who answered my question. I now understand that MY FFL must receive the gun via shipment, and I cannot simply walk in with it and my friend and do a transfer.

 

[gm272gs]

Okay. I hear you, brother.

 

[Wingmaster]

I must be missing something.
Why cant the friend take the gun to the FFL in another state? Then have the FFL do the transfer.
What am I missing?

Wingmaster

 

[Alnamvet68]

I must be missing something.
Why cant the friend take the gun to the FFL in another state? Then have the FFL do the transfer.
What am I missing?

Wingmaster

That's a good question...I had a buyer for a handgun who lived in North Carolina, Currituck, and I sent the gun to his FFL. Now I'm wondering if I could have saved the exorbitant cost of shipping, and simply had gone to his FFL for the transfer.

 

[Lost Lake]

Okay, I never had the occasion to sell a gun across state lines, but if the fellow can carry the gun to his friend's house, then why couldn't he just sell it to him while they are both in the same state?

 

[gm272gs]

18 U.S.C. 922(a)(3) & (5), 922(b)(3), 27 CFR 478.29 & 478.30
"A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes."

and


18 U.S.C. 922(a)(3) and 922(b)(3)
"A person not licensed under the GCA* and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer."


*Gun Control Act of 1968