Skip to main content
Help Center Community Shop

out of state sales

benyjet
Which states have restrictive laws which place burden on out of state sellers of firearms? For instance, I live in TX and want to sell a personal firearm on Gunbroker. Which states should I refuse bids from to simplify my life? I see many people refusing bids from California but thought there were a few others like Mass. and Minn. I would ship non-ffl to FFL, but do have a local FFL I could ship from if needed.

Thanks
0

Comments

10 comments

Date Votes
  • benyjet
    Can I sell a handgun to my wifes brother if he lives in another state, my license is in Idaho, he lives in Virginia. The regs seem to imply that I can as long as I comply with Virginia law. Thanks guys.
    0
  • Bert H.
    Hello benyjet...

    What type of license are you referring to[?] Do you have a Class 01 FFL[?]

    If you have a Class 01, you can sell it to any person (at least those who can legally possess a hand gun that is) in any state, but you must ship it to a Class 01 license in the recipients state, and all required paperwork for that state/county completed prior to it being delivered to the buyer. That is my understanding of the process.

    Bert H.

    Real Men use a SINGLE-SHOT!
    0
  • k.stanonik
    Another question is it a store inventory or your personal inventory, yours personal yes with no problems, stores inventory, needs to be shipped to a dealer in his area and all forms and background checks performed there.
    0
  • nmyers
    Bert H. has it right.

    A dealer can sell a LONG GUN to a resident of another state if that person appears at his premises, & if that sale complies with the laws of both states.

    However, a HANDGUN can only be transferred by a dealer by shipping it to a dealer within the persons state; that dealer must comply with state/local requirements.

    Whether the gun is in the dealers stock, or is part of his personal collection, does not matter, except for how the dealer manages his books.

    Neal
    0
  • kuhlewulf
    All of the above are right on. We just checked with locals and the BATF about private sale of a handgun to an individual from another state. This is what they said 'Any knowing sale of a handgun by the resident of one state to a resident of any other state is unlawful under any circumstances unless the sale of the weapon is conducted by a federally licensed firearms dealer, licensed in the state the buyer resides in. The weapon must be transfered from its current state by a licensed firearms dealer to the licensed dealer who will then after satisfying all requirements of local, state, and federal law complete the sale.' There was other stuff about due diligence on ID 's and stuff that falls under the category of BLAH BLAH BLAH. We looked into this for the purpose of selling one of our Glocks at the gunshow.

    James

    Whats next? A ban on automatic transmissions?
    0
  • ATF
    quote:The weapon must be transfered from its current state by a licensed firearms dealer to the licensed dealer who will then after satisfying all requirements of local, state, and federal law


    This is WRONG you were misinformed.The only time the weapon has to be transfered by a licensed dealer is when State law says so.An individual in most States can ship to an FFL holder in another State.

    [:(] [:(]

    standard.jpg
    ATF.Eagle Guns
    0
  • k.stanonik
    Sorry Mr myers, the only reason i made that statement was because it does matter if the handgun he intends to sell is his personal weapon and the family member is there visiting he can sell it to him with out a transfer, if he is a licensed dealer then the weapon would have to be transfered to his dealer at home
    0
  • manderson
    Regarding Long Rifles (not handguns). I have not read the Maryland governments requirements for firearms sales in depth. However, this happened to me quite a few years ago, actually, before the internet had grown to such proportions that guns sales would even be considered in this fashion. I live in Maryland and was on a business trip to Pennsylvania. I was just sort of browsing around a Dick's sporting goods store. It was new to me because they had not arrived in MD yet, and I was inquiring about the purchase of a Winchseter lever action .22LR. The salesman told me that he COULD sell me the rifle because my state of residence geographically bordered the state that I was purchasing the rifle in, but if I wanted to buy the same rifle (or any rifle for that matter) in a state that DID NOT geographically border my resident state of Maryland, then the sale would not be legal. Therefore, limiting my ability for purchasing a rifle to only the states of PA, VA, WV, DE, etc. I am wondering if this is a truthful law. Maybe it was in the past, but has been changed. This thread just spurred my curiosity.
    0
  • nmyers
    Several good questions have been raised.

    ATF is absolutely correct; a nonlicensee in most states can transfer a firearm directly to a dealer in any state. The quote from kuhlewolf contradicts that; possible we would understand if we saw the complete context.

    Sorry Mr. Stanonik, but there is no exception in the law that allows giving a gun to a relative from another state (unless the owner is dead & has willed the gun to the relative). See Federal Firearms Regulations Reference Guide (ATF P5300.4), p 135, (B2): "A person may only buy a firearm within the person's own State, except that he or she may buy 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."

    We can use the same reference to answer Mr. Manderson's question. Federal law USED to have an interstate provision that restricted the sale of long guns to out-of-state buyers living in a contiguous state, but that was changed several years ago. Now you can buy a long gun in any state except, as a Maryland resident, you cannot buy an "assault weapon" without first obtaining a Maryland Permit to Purchase.

    Neal
    0
  • Herschel
    K.Stanonik, You might be technically correct in that an unlicensed person can "sell a handgun" to a resident of another state. I can't imagine when that would be done unless the seller also allowed the buyer to take possession of the handgun. Allowing possession (transfering) the handgun is when the felony violation occurs. The advice you gave is misleading.
    0

Please sign in to leave a comment.

Recent Activity