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Thread: selling a firearm to an out-of-state resident

  1. #1
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    Its my understanding that if you make a personal sale of a gun to a non-Virginia resident without getting a FFL dealer involved.... that it is ILLEGAL?

    if this is illegal does anyone have a link to the Va law website stating its illegal?

    I looked at the gun laws and didnt see that one.

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    I looked at the gun laws and didnt see that one.
    It's not a VA law, it's a Federal law, Title 18 sec. 922 a (3)

    [It shall be unlawful-]
    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

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    If I'm selling it to someone I know out of state can we both just go down to a FFL dealer and fill out the paperwork to avoid the whole shipping hassle?

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    Founder's Club Member Tess's Avatar
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    hometheaterman wrote:
    If I'm selling it to someone I know out of state can we both just go down to a FFL dealer and fill out the paperwork to avoid the whole shipping hassle?
    If you transport it to HIS state (legally) you may be able to do this. It must be an FFL in his state.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    hometheaterman wrote:
    If I'm selling it to someone I know out of state can we both just go down to a FFL dealer and fill out the paperwork to avoid the whole shipping hassle?
    I'd use an FFLin the purchaser's state as some states (like MD) have their own laws on transfers for certain types of firearms like semi-auto rifles, waiting periods for handguns, etc. The local FFL will know and adhere to the state laws to keep you and the purchaser out of trouble.

    <-- 07/02

    EFI, LLC - 07/C2 in Inwood, WV
    Custom firearms, gunsmithing, machine gun rentals, and it's just $10 for a Transfer!

  6. #6
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    Dom wrote:
    I looked at the gun laws and didnt see that one.
    It's not a VA law, it's a Federal law, Title 18 sec. 922 a (3)

    [It shall be unlawful-]
    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
    whats the web link to that law....and other Federal gun laws?

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    trx680 wrote:
    Dom wrote:
    I looked at the gun laws and didnt see that one.
    It's not a VA law, it's a Federal law, Title 18 sec. 922 a (3)

    [It shall be unlawful-]
    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
    whats the web link to that law....and other Federal gun laws?
    http://www4.law.cornell.edu/uscode/h...2----000-.html

    That site lets you search by title and section. For other gun laws... I don't know the answer.

    http://www4.law.cornell.edu/uscode/#SECTIONS

    TFred

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    Tess wrote:
    hometheaterman wrote:
    If I'm selling it to someone I know out of state can we both just go down to a FFL dealer and fill out the paperwork to avoid the whole shipping hassle?
    If you transport it to HIS state (legally) you may be able to do this. It must be an FFL in his state.
    This is true for handguns, but not long guns.

    Unless the laws of either state forbid it, you can take your long gun and go together to the nearest FFL Dealer, and do the transfer there. It doesn't even have to be in either state of residence, it could be a FFL in some third state, if that's where you happened to be. (Just to be technical about it, the seller transfers the long gun to the dealer, who then transfers it to the buyer as if he were the actual seller.)

    But for handguns, yes, it must be an FFL in the buyer's state of residence. Even if it's a gift, it's a transfer, so he doesn't have to actually be buying the gun from you.

    You don't have to have an FFL to send the pistol to the recipient's FFL, but it may be cheaper to pay a local FFL to do so for you. That's because you can only use UPS or FedEx, and they will only allow you to send it next-day air, which will probably cost $50-70 with insurance. An FFL has other shipping options, including USPS, which cost less.


  10. #10
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    You don't have to have an FFL to send the pistol to the recipient's FFL,
    True. But some FFL's will only accept shipments from other FFL's (the old CYA bit)... so be sure to check first.

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