different state sale

smonkbmw · Sep 16, 2008

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.

fromotoc · Sep 16, 2008

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...

berettamod96 · Sep 16, 2008

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

wichaka · Sep 16, 2008

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.

berettamod96 · Sep 16, 2008

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.

coctailer · Sep 17, 2008

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"

smonkbmw · Oct 24, 2008

coctailer said:
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"

ok so if im selling my AR face to face im in the clear? i cant find a form anywhere to send in.

elsullo · Oct 24, 2008

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

Oohrah · Oct 24, 2008

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.

wichaka · Oct 24, 2008

Why not call the ATF Office.........

Oohrah · Oct 25, 2008

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

coctailer · Oct 25, 2008

Oohrah said:
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

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