Selling banned rifle to VA resident

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  • dibbleg

    Member
    Apr 10, 2012
    37
    Odenton
    I have an issue that needs clarification. I have a now banned rifle that I'm selling and have a buyer lined up in Virginia. The buyer assured me that this can be done via a private transaction and can just use a bill of sale.
    The law as I interpret it, is that any transactions between residents of different states require you to make the sale through an FFL. Am I correct in assuming this?
    Thanks

    EDIT: This may be in the wrong forum. Please move if it is or I can start another post.
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Nope.. You are correct on Interstate sale have to go through ffl...

    Unless you want a vacation to club fed.
     

    OrbitalEllipses

    Ultimate Member
    Jul 18, 2013
    4,139
    DPR of MoCo
    Q: 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]

    First question on the ATF FAQ page. Interstate sale is a no go - must go through an FFL in HIS state. See third question on the ATF Firearms FAQ page:

    Q: 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)]
     

    MrNiceGuy

    Active Member
    Dec 9, 2013
    270
    Would love to see this challenged and struck. I figure Gura will get around to it once he's done ensuring universal CCW availability.

    Fedgov has the power to prevent states from engaging in trade wars with one another. Whether it has the power to place further regulations on interstate commerce is debatable. It does not, however, have the power to regulate the sale of firearms except possibly in extraordinary circumstances (sales to convicted felons, for example) in the same way it cannot regulate the sale of Bibles.
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    Just went thru this with a VA resident I sold a .22 rifle to on GB. He wanted to pick it up from me and give me an FFL. When I asked if his name was on the FFL he got all pissy, it wasn't. He finally sent me the money and an FFL to ship to. He sets up at shows and told me I didn't know WTF I was talking about.
     
    Last edited:

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I have picked up a rifle out of state from an FFL carrying a copy of an in state FFL.

    The FFL that provided the copy, had my come directly to them to have it logged in, then out to me.

    So I acted as a courier.

    So I would accept an FFL, but probably with a letter from the actual FFL, that said person is acting as their agent and authorized to accept a firearm and transport it to the FFL location.
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    That scenario was never brought up. I have FFL copies from a gun shop in PA that does transfers for me to make it easy to fax or mail one when needed. Guns are shipped to them. I see it all too easy for a dishonest buyer to give someone an FFL copy and never have it logged into the FFL. No matter, I wasn't playing his game and did ship it to an FFL.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    I agree that it is ripe for abuse.

    That is why I would want a letter, addressed to ME, from the FFL, authorizing X person to act as their agent to pick up the firearm.

    That way, I am covered.
     

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