Legal Q: can all FFL types do transfers?

[SomeOtherGuy]

I sold a gun online and the buyer wants the transfer to go through a company that has a type 10 FFL - manufacturer of destructive devices. Can anyone point me to either positive law (US Code, Code of Federal Regulations) or an ATF.gov webpage stating that all types of FFL can legally accept firearms from out of state and transfer them to in-state residents?

I know that 03 is the curio & relics FFL and to my knowledge they cannot do commercial business. All other FFL types appear to be commercial FFLs:

https://www.atf.gov/resource-center/types-federal-firearms-licenses-ffls

There seems to be a concept in this numbering scheme that the higher number FFLs can do everything above them in the list, i.e. a pawnbroker can do all that an 01 can but not vice versa, and I assume that an 09 dealer in destructive devices can also deal in regular firearms, but I would like to see this in writing somewhere, and again this doesn't seem to hold true for an 03 C&R. Can anyone point me in the right direction?

[GH41]

Why wouldn't you have your preferred local FFL ship the firearm for you at the buyer's expense?? He should know who he can send it to.

[rjacobs]

Class 10 FFL: Manufacturer of firearms, ammunition and ammunition components, manufacturer of destructive devices, ammunition for destructive devices, and armor-piercing ammunition; may also deal in all of the aforementioned items. Requires payment as an SOT Class 2 (can act as an NFA Dealer). To manufacture any DD with an explosives content (e.g. flash-bangs) requires an additional FEL[4] as a Type 20 Manufacturer of High Explosives.


Leads me to say they can transfer and sell Title 1 firearms as well as basically anything else.

[CleverNickname]

An 06 can't do anything with firearms, but all the other types can deal in firearms. 18 USC 922(a) would be the controlling statute. https://www.law.cornell.edu/uscode/text/18/922

[sundance435]

An 06 can't do anything with firearms, but all the other types can deal in firearms. 18 USC 922(a) would be the controlling statute. https://www.law.cornell.edu/uscode/text/18/922

Yeah, my understanding has always been, with the added exception of 03's, that the higher classes can deal in anything "below" them that doesn't require a SOT. I know of 07s and 09s that will do regular transfers and I don't believe they have a separate 01. Unless it's a totally different business entity, I don't think it's even possible to get an 01 on top of the other license classes. I have an 03 and I'm pretty sure I would have to give that up to get an 01.

[Artos]

Yeah, my understanding has always been, with the added exception of 03's, that the higher classes can deal in anything "below" them that doesn't require a SOT. I know of 07s and 09s that will do regular transfers and I don't believe they have a separate 01. Unless it's a totally different business entity, I don't think it's even possible to get an 01 on top of the other license classes. I have an 03 and I'm pretty sure I would have to give that up to get an 01.

Yeah, I never even considered this angle & simply assumed all the 01 capabilities were thrown in with the upper levels (besides C&R) I ship/receive guns via pawn, 03's & 07's so never even gave it a 2nd thought...don't recall ever seeing a 10 for a transfer?? You would think it's gtg simply because the 10 wouldn't take the action unless it was legal. I'm an 01 & use a buddy for all the NFA stuff & he also has a business where he drills / explosives for the caliche industry down this way. I don't know if he has one ffl to cover both or 1ea for the explosives & brick / mortar biz. I'll ask.

[SomeOtherGuy]

An 06 can't do anything with firearms, but all the other types can deal in firearms. 18 USC 922(a) would be the controlling statute. https://www.law.cornell.edu/uscode/text/18/922

This is exactly what I needed, thanks. And thanks also for the various other helpful answers.


Why wouldn't you have your preferred local FFL ship the firearm for you at the buyer's expense?? He should know who he can send it to.

Because:
1) I don't have to, legally.
2) My preferred local dealers won't do outbound transfers - say it's too much hassle, not worth their time.
3) If I could find a local dealer who would do this, it would cost more than shipping it myself. And it's not really at buyer's expense, it's coming out of their total purchase price one way or another.