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GUN TRANSFER - ADJOINING STATES

LABWILD
HERE IS THE DEAL: I SOLD A RIFLE ON GUNBROKER TO A BIDDER IN OHIO. I LIVE IN KY. FOR THOSE THAT MAY NOT KNOW, KY. AND OHIO ADJOIN. THE BUYER WANTS TO TRAVEL TO KY. AND PICKUP RIFLE IN PERSON. I READ THE FEDERAL LAW TO SAY THAT A PERSON THAT IS NOT AN FFL CAN ONLY TRANSFER A FIREARM TO A RESIDENT OF ANOTHER STATE BY SHIPPING IT TO A FFL IN THE BUYERS STATE. THE BUYER INSISTS IT IS LEGAL FOR RESIDENTS OF STATES THAT ADJOIN TO TRANSFER LONGGUNS (SHOTGUNS OR RIFLES) EVEN IF NEITHER ARE FFL. I NEED SOME ADVICE!
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Comments

10 comments

Date Votes
  • pickenup
    As you stated in your post, you read the law. Alot of people are misinformed as to what the law says. You take your chances of spending time in the gray bar hotel. Especially since you have already posted this info here.
    BTW typing everything in capital letters is considerd shouting.

    The gene pool needs chlorine.
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  • LABWILD
    I AM SHOUTING! ONCE I CONFIRM THAT IT IS ILLEGAL TO DO THIS I AM GOING TO INFORM THE BATF. THE WINNING BIDDER HAS STATED THAT HE WILL REFUSE TO HONOR HIS BID IF WE DO NOT TRANFER IN PERSON. I AM NOT GOING TO BREAK THE LAW OVER A $400.00 RIFLE.
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  • LABWILD
    I DON'T KNOW WHAT BTW STANDS FOR.
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  • mark christian
    Tell him to save his gas money and forget all about his $400 bid because you cannot sell him the rifle. The old contiguous state rule for long gun sales was done away with by the 1986 Firearms Owners Protection Act. That law allows unlicensed individuals to purchase rifles and shotguns from DEALERS in any state where the sales would be legal...as long as the buyers home state also allows this type of transaction.

    You are not an FFL holder so you may do only these two things: Sell firearms to residents of your home state or sell firearms to FFL holders from any state. You cannot make out of state sales. If the bidder does not have an FFL of his own then rifle should be shpped to a dealer in his home state. This fellow was being very selective in his reading of the law...only taking into acount what fit his needs and not the intent of the law.

    Let me ask this: Even if such an out of state transfer were allowed, why would anyone even consider having a total stranger come to their house and pick up the rifle? God alone knows who this person is and since you, as an individual, cannot run him through the Brady Check how would you know he was not a prohibited purchaser? With a dealer transfer this is done quickly and the buyer is on his way. Why not take the rifle to a local dealer near you and have him transfer it to the bidder, no doubt for a fee, but there would be a fee in his home state if shipped there also.

    Mark T. Christian
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  • Herschel
    BTW is an abbreviation for "by the way".

    A dealer can sell a long gun to a resident of another state if the transaction occurs at his place of business or at a gun show in the ffl holder's state of residence. If the buyer wants to drive down, you may arrange for a KY ffl holder to handle the transaction for you.
    Fee should be nominal. The consecutive state rule is based on an original provision of the GCA of 1968 that allowed ffl holders to transfer long guns to residents of an adjoining state. That was changed long ago to allow dealers to transfer long guns to residents of any state as long as it complied with state law in the buyer's state of residence. How can you tell whether the buyer is an undercover BATF agent or a misinformed buyer? You read the regulation correctly.
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  • LABWILD
    THANKS MARK. Make that - Thanks Mark. Your info confirms my interpretation of the federal law and you are also right on about having someone come get a rifle you don't know from ADAM. My next move will be to inform bidder to send money order and ffl to be shipped to.
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  • LABWILD
    Thanks Hershel. YNTOTL!
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  • rick_reno
    Labwild,

    Request a signed copy of the FFL be sent with the Money Order. UPS sometimes wants to see these before accepting the gun for shipment, and it'll allow you to verify that the person you are shipping the gun to has a valid FFL. There are instructions on Gunbroker for doing this.
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  • bhayes420
    Herschel....THANKS for clearing that up! I also live in KY and visit a gunshop in Illinois fairly regularly. I have bought a few long guns from them in person and on Gunbroker, and they always handled the transfer at their place of business. Thought for a sec reading these posts that they and I both were criminals! Only time I couldn't do it was when I bought a pistol. They told me that had to go through a dealer in my home state. Owner of the IL store drove it across the border and hand-delivered it to the shop I do business with in KY to save me the shipping cost.

    Taxation WITH representation isn't so hot, either!
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  • bhayes420
    One more thing...Labwild....what is your user id on the auction side? Might like to give a fellow "Kentuckite" some business! Thanks.

    Taxation WITH representation isn't so hot, either!
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