View Full Version : Selling Used Handguns Out of State?
I live in Louisiana because of school, but I'm from Arkansas (AR drivers license etc.). I always knew I couldn't buy a handgun from a store in Louisiana, but can I not sell a used handgun to them either? I took my first 9mm to a local gun/hardware store today and they offered me a pretty good price on it, but once they saw my AR drivers license, said they can't buy it.
So what gives? Can an individual from Louisiana still buy it from me? I guess I don't get why a business can't buy it from me, but an individual person could (I think).
Also, have any of you sold a gun on gunbroker.com before? I'm exploring some other options on selling this thing. I just never shoot it anymore, and the Fall semester is approaching fast.
You can sell it to anyone you like, you just can't transfer it to them. It has to be your state of residence or through an FFL.
That's basically how GunBroker works. You advertise your gun. Someone bids on it and send you the money. When you get the money you mail it to an FFL of their choosing.
Many FFLs will require it be sent from another FFL as well.
Whatever you do, figure out the delivery and costs before hand. You are going to find out the only legal and practical way to do it is via FedEx overnight and very expensive.
It's probably easier for you to give it to an FFL and let them ship it.
I am not certain if you could simply hand it to a FFL in LA or not. IOW, you and the buyer meet at FFL. He takes from you and issues to buyer. Or if it actually has to be transferred out of your home state by an FFL.
GunBroker is easy but the shipping prices are a pain to figure out and the buyer is paying them ( hopefully, unless you screw up listing it ) so it cuts down on what they will pay for the gun.
Federal laws (Gun Control Act of 1968) requires residents of different states to transfer firearms through a FFL dealer in the recipiant's state of residence.
You can sell a firearm to a resident of another state, but the firearm needs to be transfered through a FFL dealer in the buyer's state.
not that big of a deal, I always say find an affidavit that has all the normal legal questions one is asked when buying a gun, and then make sure you send it to an FFL anyways so they have to go through another check.
better safe than sorry:smile:
So if I wanted, I could take it to a store that has an FFL and they'd be able to buy it?
yes, they will handle the transfer for you, most places charge a small fee. If you are shipping it, it must go FFL to FFL if it is a handgun. If it is any gun and going state to state, it must go from FFL to FFL. Most shipping companies won't even take firearms unless it is from an FFL now. I tried just a few months ago and none of them understood their own rules and regulations, but it didn't matter.
Alpha Sierra
07-25-11, 20:31
So if I wanted, I could take it to a store that has an FFL and they'd be able to buy it?
Educate yourself: http://www.atf.gov/firearms/faq/unlicensed-persons.html
yes, they will handle the transfer for you, most places charge a small fee. If you are shipping it, it must go FFL to FFL if it is a handgun. If it is any gun and going state to state, it must go from FFL to FFL. Most shipping companies won't even take firearms unless it is from an FFL now. I tried just a few months ago and none of them understood their own rules and regulations, but it didn't matter.
Sorry but the above bolded text is categorically false. As a non-FFL, it is perfectly legal to ship a handgun interstate to an FFL via UPS or FedEx. It is perfectly legal to ship a long gun interstate to an FFL via USPS, UPS, or FedEx.
While it is possible that you may run into UPS/FedEx employees that don't know their own policies, that is not a legal issue. I've shipped through both of those carriers numerous times more or less without incident.
In the past i have had dealers ship pistols via USPS, is this a no no?
In the past i have had dealers ship pistols via USPS, is this a no no?
Of course not. FFLs can use USPS to ship pistols.
In the past i have had dealers ship pistols via USPS, is this a no no?
A dealer can ship it to an out of state dealer via usps. Likewise, you can ship it directly to an out of state dealer via FedEx, however, many out of state dealers will not receive out of state firearms directly from individuals. This is their own rule rather than a law. In that situation, you would need to have your local dealer ship it to them.
In regards to the OP's question: If you are a resident of a state, you can sell directly to an individual in your state of license (as long as they are also a resident of your state). No need for dealers. If the buyer/recipient of your firearm is not from the state on your license, your firearm must go through the hands of an FFL dealer in the buyer/recipient's respective state.
Some FFL dealers require that an interstate transfer first come from another FFL dealer from the state of origin (ie. the state of your license). In this situation, you will have to have an FFL dealer from the state on your license to ship your firearm to the FFL dealer in the state of the buyer/recipient. More than likely, the location that refused to purchase your firearm was simply unwilling to take your out of state firearm without receiving it from an FFL dealer from your state. It is not uncommon. Or, on the other hand, it is possible that they just weren't sure whether it was legal.
(Note that this answers the question in this thread of whether you can just take it to an FFL dealer of that state. Driving your firearm to that FFL dealer is no different than putting the gun in the mail and shipping it to them. As long as the firearm goes through the FFL's possession, as long as the dealer does the required paperwork, and as long as a NICS check is done when it is sold in the new state - the process is legal.)
To clarify:
As to your original qestion, an FFL can purchase from anyone. So yes you can take your handgun into a licensed dealer in another state and sell it
An FFL can ship to another FFL via US Postal Service. This is frequently the way its done because of the cost factor. There is no ATF regulation specifically prohibiting an individual from mailing a handgun, rather it is US Postal Service regulations which state only "dealers" may mail handguns. This is why even C&R holders may not mail handguns.
If the buyer/recipient of your firearm is from the state on your license, your firearm must go through the hands of an FFL dealer in the buyer/recipient's respective state.
The word "NOT" is missing from the above. If the Buyer is NOT from your State, it has to go through an FFL in buyers State.
In State = Sell to any legal person
Out of State = Sell through FFL
EX. You and buyer agree to $500 for gun. FFL says ok, I'll do paper work and the fees will be $20 to receive, $20 to transfer out, $5 NICS fee. 5% State Sales Tax to buyer ( maybe not in all states but true in VA ) FedEx if needed $50
You and buyer decide who pays what. If the Buyer is required to pay all then the price of the gun just went up to $570 or $620 if shipped.
That's basically the GunBroker situation above.
If you do it all In State you simply take $500 from the Buyer and give him the gun. You should get two forms of ID and a Bill of Sale at the very least. Maybe have some wording on BOS that states they are legal to own a firearm. Many people like to see a CCW permit as proof.
When selling a gun on the forum, I always add the caveat "your FFL must be willing to transfer from a non-FFL". They generally require a copy of your driver license. I send a copy that is 10X original size with "copy" clearly written on th DL. I have shipped at least 20 guns to FFLs this way without any problems.
Okay, so I've pretty much decided that I'm going to toss the handgun up on facebook and see if anyone wants it that lives nearby, or maybe just send out a mass text type thing. Anything legally I should do/watch for, other than creating a bill of sale?
The word "NOT" is missing from the above. If the Buyer is NOT from your State, it has to go through an FFL in buyers State.
Thanks for catching that. Much turns on one word.
Powered by vBulletin® Version 4.2.5 Copyright © 2024 vBulletin Solutions, Inc. All rights reserved.