These dealers need to educate their employees. They are free to choose to not do transfers but THERE IS NO LEGAL WAY FOR TWO UNLICENSED INDIVIDUALS TO TRANSFER A FIREARM OF ANY KIND ACROSS STATE LINES, not even family members.
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Suggestions wanted for a dealer to do a transfer with a forum member Saturday.
- Thread starter JohnAL
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he's new. I'll give him benefit of the doubt. However, I would like a certifiable answer if its in text somewhere.
Sorry about the confusion. I'm the "Steve" you talked to. Atf is a confusing beast. Example sig brace. If you want to know the law please contact ATF not a gun shop. I don't mean that disrespectfully but I'm not going to call sandy Sansing and ask them about the Motor Vehicle laws. We will gladly do a transfer for you tomorrow. We are open from 10-4. Once again sorry for the confusion.
TackleberryMCS
Master
Any firearm being sold to an out-of-state buyer, by a private seller, has to have the transfer completed by a FFL dealer in the buyer's state of residence. It does not matter if the firearm is shipped or delivered by the seller to the FFL. Over the years, I had had to meet a few buyers from Baldwin County at the Styx River Shooting Center to have them do the transfer for the Alabama resident. I would think in this case that David (TGD Firearms) would be more than happy to handle the transfer. His shop is about equidistant between the seller and buyer.
Roaster's Gallery
Master
I don't know if that is correct. If I take possession of a long gun from a resident of my state, and log it in, then a resident of another state comes in and passes the background check, I transfer it to him. This is a long gun that is legal for me to transfer to a resident of another state. You are correct in regards to a handgun.
Exactly. Long guns can go through an FFL in either state, handguns misty go through an FFL in the state of the person receiving the transfer.
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TackleberryMCS
Master
TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart C_Administrative and Miscellaneous Provisions
Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of
residence from transporting the firearm into or receiving it in that
State, if it is lawful for such person to purchase or possess such
firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm
obtained in conformity with the provisions of Sec. Sec. 478.30 and
478.97.
[T.D. ATF-270, 53 FR 10493, Mar. 31, 1988]
§ 478.30 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: Provided, That the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm
to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm
under the laws of the State of his residence; and
(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.
478.97 - Loan or rental of firearms.(a) A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes: Provided, That the delivery of the firearm to such person is not prohibited by ? 478.99(b) or ? 478.99(c), the licensee complies with the requirements of ? 478.102, and the licensee records such loan or rental in the records required to be kept by him under Subpart H of this part.
(b) A club, association, or similar organization temporarily furnishing firearms (whether by loan, rental, or otherwise) to participants in a skeet, trap, target, or similar shooting activity for use at the time and place such activity is held does not, unattended by other circumstances, cause such club, association, or similar organization to be engaged in the business of a dealer in firearms or as engaging in firearms transactions. Therefore, licensing and recordkeeping requirements contained in this part pertaining to firearms transactions would not apply to this temporary furnishing of firearms for use on premises on which such an activity is conducted.
[T.D. ATF-415, 63 FR 58278, Oct. 29, 1998]
Roaster's Gallery
Master
If you post it, you should read it.
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
TackleberryMCS
Master
I read it. I posted this instead of clarifying myself from my earlier post. Also of note is the areas I put in BOLD that are pertaining to the issue at hand.
TackleberryMCS
Master
This basically says that you can purchase a shotgun or rifle out-of-state but it has to be from a licensed FFL dealer or transferred through a FFL dealer. A handgun has to be transferred through a FFL dealer in the buyer's state of residence. A face-to-face private transfer across state lines is not legal for long guns or handguns.
Plain Engish Q&A here covers many questions.
https://www.atf.gov/content/firearm...ns-unlicensed-persons#gca-unlicensed-transfer
Whoa Bud. Let's get it straight. I did not call TGD asking legal questions. First I asked what time you opened on Saturday. Then I stated that "I'm from Alabama and want to sell a shotgun to a Florida resident. Will you guys do the transfer?" You said yes but that it was not necessary to do a transfer on long guns. I questioned that and you said that there was no legal requirement for a transfer but come on in and you guys would do it. You are the one that twice volunteered incorrect legal advice. You could get a customer a trip to the Federal pen with your advice. I bet Sandy Sansing knows more about motor vehicle laws than you know about firearms laws. I do take your comments as disrespectful since you twisted the facts to cover your "confusion" and tossed in the Sandy Sansing crack. Maybe you should bone up on firearms laws before offering more legal advice.
Sorry if you feel that way man. Like I said I'm not trying to be disrespectful. I know tone can be misinterpreted. And I'm not trying to argue that's not my intention. And I did apologize for the confusion. What I was trying to say in my original post is for clarity of the law contact atf. I should have word my statement in a different way. That advice was to everyone not just you.
One more and last time, I was not calling for clarity on the law. I already knew the damn law is why I was calling about getting the transfer done.
The thread was about a place to do transfers on a Saturday morning. Nothing else.
I can't help it that some know-it-alls ignored the subject and just used it to profess their knowledge, some of which was wrong.
I can't help it that some know-it-alls ignored the subject and just used it to profess their knowledge, some of which was wrong.
I would not hesitate to use you Nate but you are not on the way to anywhere for me.
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