ATF rules question

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Slater
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ATF rules question

#1

Post by Slater »

Had a person in New Mexico contact me regarding a 1911 I had for sale on another board. He was going to be in town (Flagstaff) and wanted to buy it. Told him I couldn't make the sale since he was a resident of another state, unless he went through an FFL. This was a private, individua-to-individual sale. Did I get that right or wrong?


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Desert_viper
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Re: ATF rules question

#2

Post by Desert_viper »

Correct.
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792mauser
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Re: ATF rules question

#3

Post by 792mauser »

Yup.
Generally long arms are available to be purchased across state lines in person.

Handguns.... that'd be a no.
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BigNate
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Re: ATF rules question

#4

Post by BigNate »

792mauser wrote: May 6th, 2022, 4:50 pm Yup.
Generally long arms are available to be purchased across state lines in person.

Handguns.... that'd be a no.
Really? I had not heard that long-guns had a different set of rules from handguns. My understanding has always been that only an FFL holder can transfer a firearm to someone who is not a resident of the same state as the seller. I'd be totally happy to be proved wrong.

EDIT: I did some digging and found this from the ATF: Transfers by unlicensed persons

It looks like you can rent or loan a firearm across state lines, or transfer to someone who inherits the gun - but nothing here describes any difference in law / policy for long guns vs handguns.

Again - totally happy (heck - even excited) to be proved wrong.
Last edited by BigNate on May 9th, 2022, 2:47 pm, edited 4 times in total.
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Re: ATF rules question

#5

Post by h8pvmnt »

https://www.nrablog.com/articles/2016/3 ... explained/

I have always thought the interstate rules were the same for long guns and hand guns. No interstate private sales without a dealer. I have always required proof of AZ residency regardless of the firearm being sold.
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792mauser
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Re: ATF rules question

#6

Post by 792mauser »

https://www.atf.gov/firearms/qa/may-lic ... ther-state



May a licensee sell a firearm to a nonlicensee who is a resident of another state?

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s state of residence and the purchaser takes delivery of the firearm from the licensee in his or her state of residence.

In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the state where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides.

[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]
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Re: ATF rules question

#7

Post by BigNate »

792mauser wrote: May 9th, 2022, 4:13 pm https://www.atf.gov/firearms/qa/may-lic ... ther-state



May a licensee sell a firearm to a nonlicensee who is a resident of another state?

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s state of residence and the purchaser takes delivery of the firearm from the licensee in his or her state of residence.

In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the state where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides.

[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]
Right - I think the issue here is that if this follows form (with other ATF stuff) - the term "licensee" indicates the holder of an FFL - something that I don't believe applies to the OP.

As I read this - an Arizona based gun store can sell a rifle or shotgun to someone from New Mexico as long as they follow any New Mexico law associated with long gun sales - but they could not sell a hand gun unless they ship it to a New Mexico FFL. In either case - the seller is an FFL holder - not Joe Schmoe private gun owner / seller.

I'm pretty sure that there is no legal private party sale of a firearms across state lines without involving an FFL.

If my read on this is wrong please clue me in...
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Re: ATF rules question

#8

Post by 792mauser »

Correct.
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Re: ATF rules question

#9

Post by h8pvmnt »

Big nates take is how ive always understood it to be. Id not want to test it for an out of state private sale. The ones that have contacted me were always from restrictive states. Either criminal or ATF Sting. Either way not worth it.
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Re: ATF rules question

#10

Post by Lwstarks »

+1 to Nate’s response. No interstate commerce of firearms without an ffl involved.
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