Out-of-state friend giving me a handgun -- FFL transfer required?

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.

 

It needs to be transferred through an FFL.

 

yes its required outside of your state.

 

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

 

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.

 

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

 

Quit trying to justify reasons to break the law.

If it crosses state line, FFL Transfer PERIOD.

 

Don't forget state laws may apply as well. Even if it were a loan or inheritance either state may still require paperwork. Safest and most legal way to do it is with an FFL, anything else is asking for serious trouble in an effort to save a few bucks.

 

I am curious how many of you replying are attorneys? I am not a firearms area expert but my understanding of the law is that if you are a private party shipping to a private party, no FFL is involved. And yes I am an attorney who lives in CO. My sister shipped me a handgun I had left with her by mistake in Utah by putting it in a USPS box and mailing it to me. No prob Bob.

 

i think we made it very clear we weren't attorneys. and if you broke the law by doing it the way you did, then i guess you could always represent yourself!

just because it got through doesn't mean what you did was legal. and i am pretty sure that the ATF has definate rules that need to be followed and any gun transfer across state lines does require an FFL tranfer. private parties or not.

 

That was NOT a transfer of ownership. Big difference. And no, I'm not an attorney either. I do however, have a knack for understanding legalese. But even then, "transfer of ownership" isn't hard to understand.

Any transfer of ownership across state lines must go thru an FFL, except in inheritance cases. And even then, wouldn't it just be so much easier to do it in inheritance cases, than to have someone give you grief later?


Nahh, any time it crosses state lines, for a transfer of ownership, use an FFL.

 

Now, an area I'm curious in...
Can you ship WITHIN the state to do a private sale, without an FFL?

 

Darn straight use an FFL...the Feds are looking to fill their coffers on every turn and they love picking the fruit off the low hanging branches. Don't give them any excuse to tap on your shoulder.

 

i have heard that within in the state that as long as per state law it was legal to do so you can. really not 100% sure about that. i think it would still be best even within the state to go through an FFL to just be safe rather than sorry. personally i would err on the side of caution myself.

 

Hey Spook. You are obviously not a lawyer that deals with firearm law. Unless your sister is an FFL she commited a crime by mailing you a handgun. She just didnt get caught. It does not matter who's gun it was. It is a crime to use the USPS to mail a handgun unles you are a dealer. Go to USPS.com. It is clearly stated there.

 

You broke the law.

§ 178.30 Out-of-State disposition of firearms by nonlicensees.
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: