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October 20th, 2015, 04:14 PM #1Junior Member
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Selling A Shotgun to Someone Out of State
I'm assuming this may have been asked before, but I couldn't find anything that matches my situation exactly. I listed a single barrel shotgun on armslist and someone from out of state wants to travel to purchase it from me personally. I looked into the law, but it was sort of difficult to understand. I'm assuming it's illegal to sell a shotgun to someone from out of state in a private transaction without going through an FFL at some point. Can anyone tell me what I/they would have to do to make it a legal transaction or can he just come and hand me money and then leave with the shotgun back to his state? Sorry if this should be in the National section, it's sort of a PA and National question.
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October 20th, 2015, 04:20 PM #2Super Member
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Philly Burbs,
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Re: Selling A Shotgun to Someone Out of State
He needs to receive it from an FFL in his state. If his FFL will accept from private parties then you can send it yourself, otherwise you will need an FFL here to send it to the FFL there.
I'm sure someone else will come along with the exact legal mumbo jumbo
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October 20th, 2015, 04:30 PM #3Junior Member
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Lewistown,
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Re: Selling A Shotgun to Someone Out of State
Thanks for the advice...the guy who wants to buy it said he asked some "cop buddies" and they said it's ok, obviously he's lying or they're not very good at knowing the law. So basically I have to send the gun to an FFL in his state for it to be a fully legal transaction?
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October 20th, 2015, 04:31 PM #4
Re: Selling A Shotgun to Someone Out of State
Long guns(rifles/shotguns) can be transferred through a FFL in any state.
If he is willing to come to you, you both will need to go to a FFL so that the FFL can transfer the shotgun to the non-resident.
You will give the gun to the FFL, he will add it to his bound book, then the buyer will start the 4473 paperwork as if he is buying from the FFL(although the buyer will pay you for the gun). Then someone will have to pay the FFL for his services.
Handguns must be transferred through a FFL in the buyer's home state.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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October 20th, 2015, 04:32 PM #5
Re: Selling A Shotgun to Someone Out of State
Generally no private sales between residents of different states.
Long arms are transferred through an FFL in either your state or his. Handguns are transferred through an FFL in buyer's state only. If he is willing to come to PA, call around and pick a local shop to do the transfer. Good price is $20. Excellent is $15. $30 or higher is pretty crappy.
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October 20th, 2015, 04:35 PM #6Super Member
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Re: Selling A Shotgun to Someone Out of State
How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.
[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
https://www.atf.gov/questions-and-an...tate-he-or-she
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October 20th, 2015, 04:46 PM #7
Re: Selling A Shotgun to Someone Out of State
May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3); 27 CFR 478.29]RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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October 20th, 2015, 04:51 PM #8Super Member
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Re: Selling A Shotgun to Someone Out of State
They really do need to have less laws. Half the laws contradict and create confusion. But I guess they do that on purpose. They try to make criminals out of honest people.
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October 20th, 2015, 04:57 PM #9Junior Member
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Lewistown,
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Re: Selling A Shotgun to Someone Out of State
Now he told me he has a cousin in PA who may buy the gun for him to send it to an FFL in his state. Sounds kind of fishy to me but then again he said he was a "first time buyer." Would there be a problem with selling it to his cousin if he provides a valid PA driver's license and if I make him sign a bill of sale? It's not an expensive shotgun, so maybe I should just tell him the sale just isn't going to work.
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October 20th, 2015, 04:58 PM #10
Re: Selling A Shotgun to Someone Out of State
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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