Question for FFL Holders About Interstate Sales

[Alan in Vermont]

At one time it ws legal for long guns to be sold, face to face, to out of state residents as long as they could meet the criteria on the 4473 form. I know that for sure as I bought an 870 Remington at L.L.Bean, and brought it home to Vermont, in 1989.

Is that still the case for sales of long guns or do they need to go dealer-to-dealer and be handled by FFL holder on the buyers end?

[Adam10mm]

If it crosses state lines it needs to go to an FFL in the buyer's state.

[snowwolfe]

Depends on the state. Here in this hell hole of a state, Colorado, you cant sell any gun to another person even if you are both residents unless you have a FFL dealer call it in.

[Blacksmith]

If it crosses state lines it needs to go to an FFL in the buyer's state.
Handguns must go through a FFL in the buyers state. Long guns can be sold by an FFL to an out of state resident as long as it is legal in both states. Face to face between non FFL individuals from the same state depends on state law. C&R guns have their own rules.

[rockrat]

Blacksmith has it right.

[TreeKiller]

In Ca if you have a C&R class 3 you can buy a eligible rifle in another state bring it in and send a form to the DOJ within 5 days. If you buy a rifle that is C&R from a dealer in the state you have to have a DROS and wait 10 days to pick it up unless you spend $70+ for a Certificate of Eligibility.

[cwheel]

Start out saying my info is dated, I left CA 8 years ago. Used to be if you had a C&R FFL you could buy handguns and long guns out of state, example, at a gun show, and self import. Only needed to reg handguns within 5 days after returning to CA. C&R rifles could be bought face to face in CA from a non FFL without using a FFL for transfer, not handguns. Things change fast in CA. The waiting period was thrown out in court, don't know if this is the last word on this issue. Always best for a non FFL to use a FFL to transfer a firearm to CA from out of state unless it's a family transfer. Family transferred pistol doesn't have to be on the approved list to be a legal transfer, just has to get reged in 5 days. Nothing brought in can be a prohibited firearm. ( full auto, 50 cal, what they call a assault weapon ) stay on the good side of the law, no chunk of steel is worth jail no matter how stupid the law is.
Chris

[Adam10mm]

Handguns must go through a FFL in the buyers state. Long guns can be sold by an FFL to an out of state resident as long as it is legal in both states. Face to face between non FFL individuals from the same state depends on state law. C&R guns have their own rules.
Yes I know that, but I'm betting the OP isn't an FFL so that statement wouldn't apply. It would still have to get shipped to an FFL in the buyer's state.

[Blacksmith]

Yes I know that, but I'm betting the OP isn't an FFL so that statement wouldn't apply. It would still have to get shipped to an FFL in the buyer's state.

The OP referred to in the past buying a gun from LL Bean, probably Bean was an FFL. His post was too vague as to the specific circumstances, was he asking about two individuals or an individual buying from a store like LL Bean, to give a specific answer. Therefor the boiler plate answer.

[Bad Water Bill]

Many years ago I wanted to purchase a rifle at a shoot in Indiana.

The seller was from Ohio so I called ATFE and was told that since both of us would be in an adjacent to our own and it was a long gun all was good for the FTF sale without a FFL being involved.

Yes the agent gave me her # to call if I were challenged by anyone and "she would straighten them out in a heartbeat."

FYI even tho there is a lot of water separating them Illinois and Michigan are considered adjacent states .

[ksfowler166]

It is a state by state thing for many decades until the last year or two it was illegal to sell a long gun to a non resident in Kansas.

[TaylorS]

Think in Texas you can face to face any non-NFA item just kinda depends on buyers or sellers preference. I recently picked up a 300 Bo from a out of state seller he Prefered to do. The 4473 the ffl we used said it didn't matter can't remember if we got to the long gun handgun part of the convo

[Blacksmith]

OK folks The following is from the ATF website questions section:
https://www.atf.gov/content/Firearms/firearms-industry/FAQ-firearms


May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
[18 U.S.C. 922(b)(3)]


Does the Federal firearms law require licensees to comply with State laws and local published ordinances when selling firearms?

Yes. It is unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm or ammunition to any person if the person’s purchase or possession would be in violation of any State law or local published ordinance applicable at the place of sale or delivery.
[18 U.S.C. 922(b)(2), 27 CFR 478.99(b)(2)]


What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.
Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.


May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser's own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]


From whom may an unlicensed person acquire a firearm under the GCA?
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]


To whom may an unlicensed person transfer firearms under the GCA?
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]