Out-of-state friend giving me a handgun -- FFL transfer required?
Firearm & Gun Forum - FireArmsTalk.com > Events and Meetups > State Forums > Colorado Gun Forum > Out-of-state friend giving me a handgun -- FFL transfer required?

Closed Thread
 
LinkBack Thread Tools Display Modes
Old 12-15-2012, 09:51 PM   #1
Feedback Score: 0 reviews
 
Join Date: Dec 2012
Posts: 2
Default 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!

__________________
pg_rider is offline  
 

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 12-15-2012, 09:55 PM   #2
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,709
Liked 21997 Times on 12402 Posts
Likes Given: 53672

Default

Quote:
Originally Posted by pg_rider View Post
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.
__________________
Axxe55 is offline  
 
Old 12-15-2012, 09:58 PM   #3
Feedback Score: 0 reviews
 
Chainfire's Avatar
 
Join Date: Jan 2009
Posts: 3,784
Liked 1654 Times on 986 Posts
Likes Given: 361

Default

It needs to be transferred through an FFL.

__________________

"It is better to be too skeptical then too credulous"

Carl Sagan

Chainfire is offline  
 
Old 12-15-2012, 10:01 PM   #4
Feedback Score: 0 reviews
 
bluez's Avatar
 
Join Date: Dec 2012
Posts: 1,303
Liked 406 Times on 264 Posts
Likes Given: 1465

Default

yes its required outside of your state.

__________________
bluez is offline  
 
Old 12-15-2012, 10:31 PM   #5
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
c3shooter's Avatar
 
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 17,187
Liked 9561 Times on 4114 Posts
Likes Given: 1499

Default

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.

__________________

What we have here is... failure- to communicate.

c3shooter is offline  
 
Old 12-15-2012, 11:22 PM   #6
Feedback Score: 0 reviews
 
Join Date: Dec 2012
Posts: 2
Default

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;

__________________
pg_rider is offline  
 
Old 12-26-2012, 05:41 AM   #7
Feedback Score: 0 reviews
 
coconceal's Avatar
 
Join Date: Nov 2012
Location: Grand Junction, Colorado
Posts: 9
Likes Given: 2

Default

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

__________________


Carry Often, Carry EVERYWHERE!

Rick
coconceal is offline  
 
Old 12-26-2012, 11:34 AM   #8
Moderator
FTF_MODERATOR.png
Feedback Score: 0 reviews
 
c3shooter's Avatar
 
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 17,187
Liked 9561 Times on 4114 Posts
Likes Given: 1499

Default

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.

__________________

What we have here is... failure- to communicate.

c3shooter is offline  
 
Old 12-26-2012, 12:11 PM   #9
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
John_Deer's Avatar
 
Join Date: Nov 2012
Location: North Carolina
Posts: 6,460
Liked 2160 Times on 1484 Posts
Likes Given: 804

Default

Quote:
Originally Posted by c3shooter View Post
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.
__________________

To argue with a person who has renounced the use of reason is like administering medicine to the dead. Thomas Paine

John_Deer is offline  
 
Old 12-26-2012, 03:15 PM   #10
The Apocalypse Is Coming.....
Feedback Score: 0 reviews
 
Join Date: Aug 2011
Posts: 28,709
Liked 21997 Times on 12402 Posts
Likes Given: 53672

Default

Quote:
Originally Posted by coconceal View Post
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.
__________________
Axxe55 is offline  
willfully armed Likes This 
Closed Thread

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
State Department in Talks to Transfer ‘Blind Sheikh’ to Egypt; DOJ Denies Bigcountry02 Politics, Religion and Controversy 6 09-18-2012 03:17 AM
Handgun transfer from family member? Terol General Handgun Discussion 22 09-27-2011 10:39 PM
private transfer of a handgun melchloren Concealed Carrying & Personal Protection 12 02-13-2011 07:56 PM
Out-of-state lower transfer bkt AR-15 Discussion 3 01-16-2010 11:37 AM
Family Handgun Transfer in CA rick288 Politics, Religion and Controversy 3 04-17-2009 03:09 AM