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FFL for in-state purchase?

mistaP
I'm sure this has been addressed here before, but my search came up empty: Must an ffl dealer receive and transfer for me a gun purchased on gunbroker if it comes from the state where I live and to where it will be shipped? It's kinda like buying a gun from your brother-in-law, no? Thanks.
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Comments

8 comments

Date Votes
  • countryfarmer
    I've been flamed on here before for answering this but I'll do it again. Some people say you do not need a FFl to recieve a gun bought in state. I say you do because it is not a face to face meeting. Of course all of this depends on what state you live in and what the gun is.
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  • nmyers
    Brother-in-law, sister-in-law, stranger; it doesn't matter.

    A nonlicensee (the GB seller) can transfer a firearm directly to a resident of his own state, STATE & LOCAL LAW PERMITTING.

    So, it depends upon the city, county, & state where you live.

    Neal
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  • mistaP
    Indiana is the state. Gun laws here are pretty relaxed compared to some. But, just a regular old gun--nothing class-3 or otherwise regulated. Certainly there must be a black and white answer. Either it's legal or not.
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  • mistaP
    My previous post was written, not submitted, before I read your's, Neal
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  • Spider7115
    You're saying "gun" but not what type: rifle, shotgun or handgun. Most states allow long arms to be shipped to residents within your state but handguns may require an FFL.
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  • nononsense
    mistaP,

    Welcome to the Gunbroker Forums!

    I usually stay out of these questions because most of the members know the correct response. However, when we get opposition answers, it's best to go to the source:

    "(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    A person may only acquire a firearm within the person's own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]"

    Neal has it right with Spider bringing in the exception. Please refer to the ATF website which has a FAQ section with answers to a lot of the basic questions asked by members.

    http://www.atf.gov/firearms/faq/faqindex.htm

    Best.
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  • Ambrose
    As an addition to this question: As a nonlicensee, if I sell a shotgun here on GB to a resident in my state, can I ship it directly to him?
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  • nmyers
    mistaP, some states have a law that prohibits local jurisdictions from enacting more stringent gun laws than the state. IN is NOT one of them. South Bend, for example, restricts the transfer of so-called assault weapons. There may be other local jurisdictions with restrictions I don't know about.

    So, if you are hoping to find a GB seller in IN willing to ship a firearm directly to you, you may find that difficult; I certainly wouldn't.

    Neal
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