Question for the FFLs in the crowd.
So myself and another would like to trade guns. He is under 21, a WV resident trading a handgun to me, a VA resident trading to him a long gun. So if we meet at a VA FFL on the border, can they transfer the handgun to me since we're in VA, and the long gun to him since he is over 18 and out of state can buy long guns in VA? I know out of state can't buy a handgun here, and under 21 can't buy a handgun, but does his being under 21 effect the FFL being able to transfer the handgun to me?
I am waiting to hear form the FFL, just wondering what the FFLs think. Would it require him to ship the handgun from an FFL in WV to one in VA or can he carry it across state lines to the VA FFL?
I am waiting to hear form the FFL, just wondering what the FFLs think. Would it require him to ship the handgun from an FFL in WV to one in VA or can he carry it across state lines to the VA FFL?
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I don't see any issues. Meeting in VA and doing the transfer through a FFL dealer takes care of the out of state parties (handgun for you...long gun for him) problem. So far as the handgun is concerned, his age (18) won't matter. He can carry the handgun with him. Remember, he is transferring the handgun to the VA dealer who then transfers it to you. No need for a WV FFL. I think you have it well sorted, all you need to do is to line up the dealer and you are good to go. 0 -
Thanks...I didn't think his age selling would matter, just his age if buying a handgun from a licensee. 0 -
Unless you personally know the guy, I would run NCIC check on the handgun before you finalize the deal to make sure it's not hot in anyway.
If I recall you're an LEO, so you should have access to run an NCIC. And if you're retired, I'm sure you can have somebody in your old department run one for you0 -
I'm a bit puzzled. Since he's under 21 and can't legally own a handgun, how can he legally transfer a handgun he can't legally own?
Edit: I'm not an FFL, so the question is an honest question.0 -
quote:Originally posted by AzAfshin
I'm a bit puzzled. Since he's under 21 and can't legally own a handgun, how can he legally transfer a handgun he can't legally own?
Edit: I'm not an FFL, so the question is an honest question.
he could be gifted the pistol, I " think " in WVa you can't buy a handgun but you can own one, bit of a catch 22 but a lot of the laws don't make sense.....0 -
quote:Originally posted by AzAfshin
I'm a bit puzzled. Since he's under 21 and can't legally own a handgun, how can he legally transfer a handgun he can't legally own?
Edit: I'm not an FFL, so the question is an honest question.
21 years old applies to the purchase of a handgun from a licensed dealer. State laws vary as to just how old someone needs to be to purchase a firearm (of any type) from a private party. He could have inherited the pistol, been gifted it, or purchased it privately, if state law allows.0 -
As Mark said. Under WVA law he CAN buy a handgun (just not from a FFL Dealer) and can be issued a Concealed Carry permit. 0 -
It is the same in VA, 18 year olds can possess a handgun, but have to be 21 to purchase from a licensed dealer. 0 -
You guys are right. I looked it up and the only federal restriction on handguns for under 21 is that they can't be transferred from an FFL to them. In fact, it creates a weird situation where a 19 year old can own a handgun, but if he takes it for repairs to a gunsmith, the gunsmith can't give it back if the gunsmith is an FFL. 0 -
Have to respectfully disagree with that. When a gunsmith makes a repair, and returns to the same person, there is no transfer of ownership. It can be returned, and there is no 4473 or background check required.
PAWNING a gun is different- there IS a transfer of ownership- so a 19 yr old COULD pawn a gun, and not be able to redeem it (until they turn 21) but the limitation does not apply to a repair.0 -
quote:Originally posted by 11b6r
Have to respectfully disagree with that. When a gunsmith makes a repair, and returns to the same person, there is no transfer of ownership. It can be returned, and there is no 4473 or background check required.
PAWNING a gun is different- there IS a transfer of ownership- so a 19 yr old COULD pawn a gun, and not be able to redeem it (until they turn 21) but the limitation does not apply to a repair.
That was my experience. I brought a Colt Det Special to a gunsmith/FFL. He ended up sending it to Colt for repair. When I picked it up, I paid for the repair an he handed it to me. I did no additional 4473.0 -
quote:Originally posted by 11b6r
Have to respectfully disagree with that. When a gunsmith makes a repair, and returns to the same person, there is no transfer of ownership. It can be returned, and there is no 4473 or background check required.
PAWNING a gun is different- there IS a transfer of ownership- so a 19 yr old COULD pawn a gun, and not be able to redeem it (until they turn 21) but the limitation does not apply to a repair.
Again, it's quite possible I'm wrong on this, hence my original question. It's just that while I was googling this I came across the scenario I mentioned. Proof that you can't believe everything you see on the internet [:D]0 -
quote:Originally posted by AzAfshin
You guys are right. I looked it up and the only federal restriction on handguns for under 21 is that they can't be transferred from an FFL to them. In fact, it creates a weird situation where a 19 year old can own a handgun, but if he takes it for repairs to a gunsmith, the gunsmith can't give it back if the gunsmith is an FFL.
27 CFR 478.125(e):
A licensed gunsmith must enter into his bound acquisition and disposition record, required to be maintained by each receipt and disposition of firearms, except that a firearm need not be entered in if the firearm is brought in for adjustment or repair and the owner waits while it is being adjusted or repaired or if the gunsmith returns the firearm to the owner during the same business day it is brought in. If the firearm is retained from one business day to another or longer, it must be recorded in the bound acquisition and disposition record. An ATF Form 4473 is not required to record the disposition made of a firearm delivered to a gunsmith for repair or customizing when the firearm is returned to the person from whom received.0 -
quote:Originally posted by mark christian
quote:Originally posted by AzAfshin
You guys are right. I looked it up and the only federal restriction on handguns for under 21 is that they can't be transferred from an FFL to them. In fact, it creates a weird situation where a 19 year old can own a handgun, but if he takes it for repairs to a gunsmith, the gunsmith can't give it back if the gunsmith is an FFL.
27 CFR 478.125(e):
A licensed gunsmith must enter into his bound acquisition and disposition record, required to be maintained by each receipt and disposition of firearms, except that a firearm need not be entered in if the firearm is brought in for adjustment or repair and the owner waits while it is being adjusted or repaired or if the gunsmith returns the firearm to the owner during the same business day it is brought in. If the firearm is retained from one business day to another or longer, it must be recorded in the bound acquisition and disposition record. An ATF Form 4473 is not required to record the disposition made of a firearm delivered to a gunsmith for repair or customizing when the firearm is returned to the person from whom received.
That's correct.
I had an owner die while I had his shotgun in my shop for work. I contacted his widow and let her know that the gun was ready for pick up. I had to have her fill out a 4473 for her to take possession.
I felt so bad for her that I let her have the gun back, and didn't charge her for the time I had invested.0 -
Shilo- go you one better-
Send gun back to Colt under warranty. Colt finds the gun is not repairable. Colt sends you a like kind gun in replacement. That is NOT considered a transfer, no 4473, no background check.
18.922 (a)(2)(A)
this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received0 -
It was an interesting question...that trade isn't going to happen anyways, the FFL apparently wasn't interested in the work. Even though he lists a transfer FFL on GB. Easy $50 he could have made. 0 -
Let the GB guys know what happened .. 0
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