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different state sale

Discussion in 'General Firearm Discussion' started by smonkbmw, Sep 16, 2008.

  1. smonkbmw

    smonkbmw Vancouver WA Member

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    anyone have the rules/laws regarding selling a rifle to someone out of state? are there any at all? i know pistols are FFL to FFL only usually. but how would selling a AR to a different state work?

    i dont want to get in any trouble doing this of course.
     
  2. fromotoc

    fromotoc Downtown Portland, OR Member

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    You have to mail the rifle to a FFL. You can mail it from a non-ffl to a ffl, meaning that you can go to UPS and mail it, but you have to mail it to a FFL and the FFL must accept shipments from a Non-FFL. Also, check to see if the state has any laws regarding bans on certain weapons, or magazine round number restrictions. It is easy mailing a rifle to an FFL. But if they ask at UPS what is in the box, just say sporting goods equipment. It isn't illegal to ship firearms through them, but they might try to tell you that you can't mail firearms, blah, blah, blah...
     
  3. berettamod96

    berettamod96 Member

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    when you cross state lines it becomes a federal affair. Anything that becomes interstate commerce is under the jurisdiction of the feds.
     
  4. wichaka

    wichaka Wa State Well-Known Member

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    You can buy and sell long guns, which an AR is, without an FFL.

    I live in WA State, and have bought and sold long guns at gun shows in oregon, to FFL and non-FFL people.
     
  5. berettamod96

    berettamod96 Member

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    Thats at a gunshow which means its a face to face transfer....this may be legal in washington and certainly is in oregon however if you are sending it interstate it is required to be sent to a FFL if I recall correctly. As I said above an interstate transfer is a federal thing.
     
  6. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    Before I got my FFL I used to buy shottys and rifles from out-of-staters all the time. No problem.

    If you want to cover yourself, send it to an FFL. Then it has to be transfered(registered) to the new owner.

    If something illegal occurs with a gun registered in your name, you will get a visit from LE.

    For those that think that a rifle or handgun, that you bought from an FFL, isn't "registered" in tour name, you would be wrong.

    Although Oregon is a "no registration" state. Your purchases are "registered"
     
    Last edited by a moderator: Oct 24, 2008
  7. smonkbmw

    smonkbmw Vancouver WA Member

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    ok so if im selling my AR face to face im in the clear? i cant find a form anywhere to send in.
     
    Last edited by a moderator: Oct 24, 2008
  8. elsullo

    elsullo Portland Oregon New Member

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    Anybody can say anything here, but it may not be accurate. Many people have inadvertantly done illegal things. Maybe they got away with it in the past, but the BATF is vigilant and you should not risk violating Federal firearm laws! Do some research and know the law. All of the major firearm auction sites have tutorial pages on the laws and citizen firearm commerce.

    It is NOT legal for non-FFL persons from different states to sell to each other---an FFL must be involved in any interstate sale, even for long guns.

    Gunshow sales in Oregon do not need an FFL, BUT the person selling to a non-FFL person MUST do an Oregon "blue-form" background check which validates both the buyer, seller, and firearm---and the seller must keep that form for ten years. This is a de-facto registration of the firearm, even though Oregon supposedly does not have registration. This "gunshow loophole" law passed about four years ago.

    Person-to-person sales between in-state residents is perfectly legal without any background check, but it is still optional and not a bad idea so the seller can protect themselves if selling a "registered" weapon.

    The U. S. Postal Service does not mind mailing long guns at all, just not handguns. They do it all the time with no problem. Their rules are: you MUST inform them that it is a firearm, but have NO indication on the outside of the box saying so; the gun must be at least partially disassembled, with the magazine and the bolt separate within the box, and NO ammo at all in the package. USPS is the bargain way to ship long guns, and you can get full insurance cheaply, plus delivery confirmation. Any citizen can mail a long gun, but the recipient must be an FFL if in another state---that's Federal Law. The laws for antique/curio/replica guns are less strict.

    Get the cash first before you ship! Make sure the check or money order has cleared. Postal Money Order is best because you get your cash instantly. Keep your records! You probably ought to write up a bill of sale with the buyer's ID data, keep a copy, and include it in the package. Before you ship get a signed copy of the FFL license that you are shipping to, and check the BATF Federal website to make sure that that FFL is current and bonafide: www.atfonline.gov/fflezcheck/

    Now, please go back and re-read my first paragraph.......................elsullo
     
  9. Oohrah

    Oohrah NorthwestSouthern Oregon Coast Member

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    If you are from out of state, it must be mailed to an FFL in the
    state you reside. Pretty sure that I can't legal do a face to face
    if I'm not from that state. I can have it sent to an FFL in my state
    by the seller of a FFL to FFL, if the state in which I do not reside is
    a dealer. Repairs to and from may be sent FedX or PP, and mostly
    sent over night service.
     
  10. wichaka

    wichaka Wa State Well-Known Member

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    Why not call the ATF Office.........
     
  11. Oohrah

    Oohrah NorthwestSouthern Oregon Coast Member

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    When is the last time you tried to contact a government
    agency? If you succeed, probably get a different answer
    for the same question. Especially from the Feds;)
     
  12. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    I have a number for the ATF that gets answered by a human.