Question For FFL's

[BlueBridge]

Topic came up at work the other day and I was curious to what the right answer was. If selling to an out of state party, does the firearm HAVE to ship via mail,UPS, FedEx, etc.? Or for instance, if I was selling to my brother in NJ and live in DE, could I just transport the firearm to a FFL in NJ and let them do the background permit stuff right there?


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[2152hq]

If the NJ state laws allow you to possess /transport the firearm into NJ,,

You can take your DE legally owned firearm to NJ and sell/transfer it to a NJ licensed 01FFL at either their shop or at a GunShow (if State law permits so).
Both considered 'licensed premises'.

You will be transfering the firearm to the FFL, who will then be transfering it to your brother (NJ resident).
2 separate transactions on paper and in the 'book'.
Check w/the FFL first and make sure they are OK with it.
They may choose not to do it that way,,, even if it is not prohibited.

 

[LVSteve]

If it is a handgun and you enter a state with handgun registration things could get sticky, even though interstate commerce and reasonable right of passage are suppose to apply. Google New York Port authority and confiscation for a couple of nasty examples.

 

[b_san]

If it is a handgun and you enter a state with handgun registration things could get sticky, even though interstate commerce and reasonable right of passage are suppose to apply. Google New York Port authority and confiscation for a couple of nasty examples.

I don't think the Safe Passage provision of the FOPA applies if the gun's final destination is in the state with the firearms restrictions. It's supposed to protect you if you're passing through a restrictive state on your way somewhere else with an inaccessible/unloaded gun legally carried in the starting and ending destinations.

 

[2152hq]

It's all about the state laws.
NJ in this case.
If you (DE resident) can/cannot legally possess & transport that firearm (whatever it may be) in the state of NJ.

Either it's a yes or a no.
That will answer wether you can legally toss the gun(s) in the SUV and drive to Bill's Gun Emporium in NJ from your home state of DE

FOPA isn't in play as NJ is the destination.

 

[BlueBridge]

So what I'm gathering is, if I sold a pistol that would be legal, in this case NJ, then I am able to transport that firearm directly to the FFL and they can do the normal background check?


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[Doug M.]

There can be an interaction between the state and federal laws, and I suspect that you would have an awkward time hand transporting a firearm to the FFL in Jersey in a lawful manner. Note also that you most likely cannot use the US Mail. You CAN, if the FFL will accept a transfer from a private citizen, ship it by common carrier (UPS/FedEx/etc) to the FFL yourself.

Have the intended purchaser/giftee check with their preferred FFL as to how they want to receive it. Remember that even if they lawfully accept it from you directly in some manner (hand carry or via common carrier), they don't have to. Make life easy and do it the way the FFL wants to.

 

[arjay]

Call the FFL and ask him how he wants it handled.