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-   -   Out-of-state friend giving me a handgun -- FFL transfer required? (http://www.firearmstalk.com/forums/f117/out-state-friend-giving-me-handgun-ffl-transfer-required-78539/)

pg_rider 12-15-2012 09:51 PM

Out-of-state friend giving me a handgun -- FFL transfer required?
 
Hey folks, new member here. I live in Colorado Springs; a buddy of mine in St Louis wants to give me his Ruger SR9. Can he simply UPS it to me, or does it HAVE to be sent to an FFL for a formal transfer? I've read conflicting reports and am looking for a straight answer. Appreciate any advice!

Axxe55 12-15-2012 09:55 PM

Quote:

Originally Posted by pg_rider (Post 1052851)
Hey folks, new member here. I live in Colorado Springs; a buddy of mine in St Louis wants to give me his Ruger SR9. Can he simply UPS it to me, or does it HAVE to be sent to an FFL for a formal transfer? I've read conflicting reports and am looking for a straight answer. Appreciate any advice!

you might get some better answers if you post this in the NFA/Class 3 and FFL section of the forum.

i am pretty sure (but please check, i am not an attorney!) that an out of state transfer of a firearm has to go through an FFL dealer to be a legal transfer. please check to be sure.

Chainfire 12-15-2012 09:58 PM

It needs to be transferred through an FFL.

bluez 12-15-2012 10:01 PM

yes its required outside of your state.

c3shooter 12-15-2012 10:31 PM

With the sole exception of INHERITANCE- any transfer of ownership of a firearm across a state line MUST be made thru a FFL in the destination state. Includes sales, gifts, raffles, giveaways, etc ad infinitum.

This is covered in Federal law under Title 18, US Code, section 922. By the letter of the law, the firearm must go TO a FFL in your state of residence. You receive it from them after doing a 4473 and a background check.

An inherited firearm may be sent directly to the recipient by the executor, so long as possession is legal in the receiving state. Same law.

If your bud is not a FFL, he will have to use UPS or FedEx Next Day Air, and it will bite him for about $70 in shipping. However, if he can find a friendly dealer at his end, the dealer CAN use US Mail (only dealers and mfgrs can MAIL a handgun). That is usually a LOT cheaper. Priority mail flat rate box.

pg_rider 12-15-2012 11:22 PM

Thank you all for the quick and helpful responses! Let me ask though -- given the wording of Paragraph 5B under Title 18, US Code, section 922 (below), it seems an FFL transfer is not required if the firearm is being loaned to the recipient. Assuming I plan to return the Ruger to my friend at a later date (after I purchase my own), is the FFL transfer required?

"...except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and
(B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

coconceal 12-26-2012 05:41 AM

It's probably just best to jump through the hoops and transfer it through an FFL!

c3shooter 12-26-2012 11:34 AM

PG- There has been (AFAIK) no definition of temporary, other than the dictionary definition- but the ATF has more lawyers than I have. And your bud will still have trouble shipping the gun, since UPS and FedEx will require that it be shipped TO a FFL, and yes, he MUST declare that it is a firearm to the shipper.

Rather than tapdance in the minefield, find a local FFL who will do the transfer on the cheap. There is a "Find a FFL" function on the home page for gunbroker.com, usually shows their prices for a transfer, just plug in your zip code to find the ones near you.

John_Deer 12-26-2012 12:11 PM

Quote:

Originally Posted by c3shooter (Post 1052884)
With the sole exception of INHERITANCE- any transfer of ownership of a firearm across a state line MUST be made thru a FFL in the destination state. Includes sales, gifts, raffles, giveaways, etc ad infinitum.

This is covered in Federal law under Title 18, US Code, section 922. By the letter of the law, the firearm must go TO a FFL in your state of residence. You receive it from them after doing a 4473 and a background check.

An inherited firearm may be sent directly to the recipient by the executor, so long as possession is legal in the receiving state. Same law.

If your bud is not a FFL, he will have to use UPS or FedEx Next Day Air, and it will bite him for about $70 in shipping. However, if he can find a friendly dealer at his end, the dealer CAN use US Mail (only dealers and mfgrs can MAIL a handgun). That is usually a LOT cheaper. Priority mail flat rate box.

We had loved one leave his guns to members of the family. We ended up going thru an FFL just to cut the red tape.

Axxe55 12-26-2012 03:15 PM

Quote:

Originally Posted by coconceal (Post 1066565)
It's probably just best to jump through the hoops and transfer it through an FFL!

it's not better to jump through the hoops and use an FFL, it's the law to do so.


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