selling a rifle to someone out of state

I can't believe some people still think you can cross state lines to purchase firearms. Anyone with a computer can go to the ATF website and see the law. It states that you cannot cross state lines to purchase firearms. I know quite a few people who go across state lines and buy. I would not buy from nor sell to someone in another state unless through FFL per ATF rules.

Only exception Muzzle loader in some states.
 
I'm 99.99998% a lurker here, but I've had it in my head for a long time that I could purchase a long gun in an adjoining state and bring it back without a problem. I spent a while looking through the GA code and couldn't find a reference.

Here's what the ATF says:
http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html

Q: 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)]

http://www.atf.gov/firearms/faq/unlicensed-persons.html

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]

Q: 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]

And here's what Alabama says (of interest b/c most of my time spent perusing shops out of state ends up being in AL):

Sale of firearms or ammunition to residents of other states; purchase in other states.
(a) Any resident of Alabama authorized to sell and deliver rifles, shotguns, and ammunition may sell and deliver them to a resident of any state where the sale of the firearms and ammunition is legal. Any purchaser of the firearm or ammunition may take or send it out of the state or have it delivered to his or her place of residence.

(b) Any resident of Alabama who legally purchases rifles, shotguns, and ammunition in any state where the purchase is legal may take delivery of the weapons either in the state where they were purchased or in Alabama.

(Acts 1969, Ex. Sess., No. 175, p. 241; Code 1975, §13-6-130; Act 2007-196, p. 232, §1.)

I may be reading this incorrectly, but it sounds like you could do this. I realize that, in practical terms, a dealer may balk at doing it. I know I looked into purchasing remotely from a GA FFL once, where it seemed like it was legal to do this and ship the firearm within the state. Legal or not, the answer from the dealer was "no way, Jose."
 
I'm 99.99998% a lurker here, but I've had it in my head for a long time that I could purchase a long gun in an adjoining state and bring it back without a problem. I spent a while looking through the GA code and couldn't find a reference.

Here's what the ATF says:
http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html



http://www.atf.gov/firearms/faq/unlicensed-persons.html



And here's what Alabama says (of interest b/c most of my time spent perusing shops out of state ends up being in AL):



I may be reading this incorrectly, but it sounds like you could do this. I realize that, in practical terms, a dealer may balk at doing it. I know I looked into purchasing remotely from a GA FFL once, where it seemed like it was legal to do this and ship the firearm within the state. Legal or not, the answer from the dealer was "no way, Jose."

FFLs can sell to non state residents but the OP inquired about a person to person transaction.
 
Back
Top Bottom