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Out of State FFL Transfers?

rmansu2

Regular Member
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Mar 12, 2009
Messages
325
Location
Baton Rouge, Louisiana, USA
I have a line on a "like-new" Ruger P-89 which will be my new carry pistol, but I have a problem. I have never dealt with Out of state transfers of firearms. It's coming out of TX and the seller has never done one either. How hard is it? What does he need to do? What do I need to do? Can he ship it UPS or FEDEX?
 

sraacke

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Jul 20, 2008
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1,214
Location
Saint Gabriel, Louisiana, USA
Find a local FFL dealer (gun or pawn shop) who will accept it for a fee ( ~$20 ). Have the FFL dealer be the middle man and you should be ok.
Congrats on the P-89. I have 2 of them and love them. One, the P-89 decocker, is my EDC gun.
 

georg jetson

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Sep 14, 2009
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Slidell, Louisiana
Find a local FFL dealer (gun or pawn shop) who will accept it for a fee ( ~$20 ). Have the FFL dealer be the middle man and you should be ok.
Congrats on the P-89. I have 2 of them and love them. One, the P-89 decocker, is my EDC gun.

Or... buy a like new P-95 from me :)
 

NRAMARINE

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Feb 16, 2010
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Anywhere but here.
Find a local FFL dealer (gun or pawn shop) who will accept it for a fee ( ~$20 ). Have the FFL dealer be the middle man and you should be ok.
Congrats on the P-89. I have 2 of them and love them. One, the P-89 decocker, is my EDC gun.

This would be the best CYA approach. However private transfers are legal in both La. and Tx. so you shouldn't have any problems. However be cautious when purchasing a firearm from a stranger for obvious reasons. FYI, I had a Taurus replaced twice, and both times they direct shipped me my repacement, when I asked them about this they responded that since Fla. and La. allow private transfers with no paperwork, it was legal bc it was not a retail sale, but legally a private transfer ( discretionary replacement) Even if you don't go through an ffl, I would definetely get a bill of sale, notorized and signed if possible.
 

georg jetson

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Slidell, Louisiana

NRAMARINE

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They fed you a line of crap about your case being a private transfer. You were receiving a replacement firearm from a LICENSED MANUFACTURER! How could it be a private transfer when one party was LICENSED

That's odd, I had a derringer replaced by Cobra industries, and had to go through an ffl for that one. They told me it was legal for them to direct ship it to me, but it was company policy to ALWAYS go through an ffl. So two firearm companies are wrong? The guy I talked to at Taurus the second time I had to have this particular firearm serviced was the VP of marketing for Taurus intl. I doubt they would do anything illegal, TWICE, to save paperwork.
 

NRAMARINE

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Direct from the ATF website ( cut and paste)....Navy LT is correct. I have not yet found the regulation regarding transfers from a manufacturer to a private citizen with no ffl involved but I'll keep looking.

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.


http://www.atf.gov/firearms/faq/unlicensed-persons.html#out-of-state-firearm
 
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georg jetson

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License = NOT private??

What I was saying was a line of crap was that Taurus was claiming the transfer was a PRIVATE transfer! It's not. It is a transfer of a repaired or replaced firearm by a LICENSED (licensed means NOT PRIVATE!) manufacturer to its original owner.

You are correct that license SHOULD mean "NOT private". Unfortunately, that is not the case in our times. Otherwise, a LEO would ONLY ask for your driver's license after first clarifying whether you were "driving" a commercial vehicle or using a private car.

As it stands now, the feds are "allowing" us "private" sales intrastate only.
 
Last edited:

estcrh

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Oct 24, 2008
Messages
365
Location
Louisiana, USA
I believe the proper procedure would require the seller to take the gun to a licensed dealer in the sellers state and have the gun shipped to a dealer in your state. I just purchased a Czech VZ-58 from out of state and had it shipped to a dealer in La. I filled out the paper work at the dealers shop here and walked out with my rifle...no problem.
 

rmansu2

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Mar 12, 2009
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325
Location
Baton Rouge, Louisiana, USA
rmansu2,

The legal procedure is:

1. You find an FFL in your state of residence who will receive the firearm and transfer it to you. Ask the FFL if they are willing to receive shipments from private parties, some FFLs won't.

2. If the receiving FFL agrees, the seller ships the handgun to the receiving FFL via UPS or FEDEX, with a copy of their ID (driver's license) and a note as to whom the gun is intended for.

This is what my FFL suggested. The shipper's FFL wanted to charge him $35 plus the $50 shipping charge. Decided to get him to ship it UPS himself.
 

estcrh

Regular Member
Joined
Oct 24, 2008
Messages
365
Location
Louisiana, USA
Optional, but not required by law. The seller can ship the firearm directly to the receiving FFL, if the receiving FFL will accept shipments from private parties.
Your correct..I was just going by this statement "It's coming out of TX and the seller has never done one either." Many private sellers are reluctant to ship a firearm themselves.
 

Gunslinger

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Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
It is the best CYA approach and also the only approach that happens to not be a Federal felony. Private transfers are legal in both LA and TX, BUT ONLY BETWEEN SAME STATE RESIDENTS! In other words, between two residents of LA or between two residents of TX!



They fed you a line of crap about your case being a private transfer. You were receiving a replacement firearm from a LICENSED MANUFACTURER! How could it be a private transfer when one party was LICENSED?!?



Written evidence of a Felony... notarized even! That would be a tough rap to beat in court.

Absolutely! Interstate transfers MUST be via a FFL unless going to a manufacturer for repair, i.e, I send my pistol back to SIG in NH and they return directly to me. No such thing as face to face transfers anywhere in the US excepting both being residents of the same state, as NavyLT states. DO NOT mess around with this law. It is way too easy to be found out and you will be prosecuted by the BATF Nazis.
 
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