 |
|
12-15-2012, 08:51 PM
|
#1
|
|
Feedback Score: 0 reviews
Join Date: Dec 2012
Posts: 2
|
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!
|
|
|
12-15-2012, 08:55 PM
|
#2
|
|
Crazy as an outhouse Rat!
Feedback Score: 0 reviews
Join Date: Aug 2011
Location: South of crazy, and North of sane! Somewhere in Texas!
Posts: 11,324
Liked 4884 Times on 2938 Posts Likes Given: 12944
|
Quote:
Originally Posted by pg_rider
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.
|
|
|
12-15-2012, 08:58 PM
|
#3
|
|
Feedback Score: 0 reviews
Join Date: Jan 2009
Location: North Florida
Posts: 2,420
Liked 601 Times on 406 Posts Likes Given: 138
|
It needs to be transferred through an FFL.
__________________
"It is better to be too skeptical then too credulous"
Carl Sagan
|
|
|
12-15-2012, 09:01 PM
|
#4
|
|
Feedback Score: 0 reviews
Join Date: Dec 2012
Posts: 590
Liked 135 Times on 95 Posts Likes Given: 541
|
yes its required outside of your state.
|
|
|
12-15-2012, 09:31 PM
|
#5
|
|
Moderator
Feedback Score: 0 reviews
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 13,046
Liked 3495 Times on 1716 Posts Likes Given: 520
|
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 heah is.... failure to communicate.
|
|
|
12-15-2012, 10:22 PM
|
#6
|
|
Feedback Score: 0 reviews
Join Date: Dec 2012
Posts: 2
|
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;
|
|
|
12-26-2012, 04:41 AM
|
#7
|
|
Feedback Score: 0 reviews
Join Date: Nov 2012
Location: Grand Junction, Colorado
Posts: 9
Likes Given: 2
|
It's probably just best to jump through the hoops and transfer it through an FFL!
__________________
Carry Often, Carry EVERYWHERE!
Rick
|
|
|
12-26-2012, 10:34 AM
|
#8
|
|
Moderator
Feedback Score: 0 reviews
Join Date: Feb 2008
Location: Third bunker on the right,Central Virginia
Posts: 13,046
Liked 3495 Times on 1716 Posts Likes Given: 520
|
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 heah is.... failure to communicate.
|
|
|
12-26-2012, 11:11 AM
|
#9
|
|
Feedback Score: 0 reviews
Join Date: Nov 2012
Location: North Carolina
Posts: 970
Liked 175 Times on 128 Posts Likes Given: 46
|
Quote:
Originally Posted by c3shooter
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.
__________________
Nothing in the affairs of men is worthy of great anxiety - Plato
|
|
|
12-26-2012, 02:15 PM
|
#10
|
|
Crazy as an outhouse Rat!
Feedback Score: 0 reviews
Join Date: Aug 2011
Location: South of crazy, and North of sane! Somewhere in Texas!
Posts: 11,324
Liked 4884 Times on 2938 Posts Likes Given: 12944
|
Quote:
Originally Posted by coconceal
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.
__________________
NRA Member. Join The NRA Today
A vote is like a rifle; it's usefulness depends upon the character of the user. Theodore Roosevelt, 1858-1919
It is better to die on your feet, than to live on your knees. Emiliano Zapata, 1879-1919
|
|
|
| Thread Tools |
|
|
| Display Modes |
Linear Mode
|
|
|
|