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7/24/2025 12:15:37 AM EDT
[Last Edit: Mad_Anthony][Edited]
My wife's uncle passed away earlier this year.  His widow asked family members if they would be interested in buying any of his firearms collection.  My wife would like to buy his .30-06 deer rifle.

Widow lives in Wisconsin, rifle is in Wisconsin.

We are Indiana residents and occasionally drive to Wisconsin to visit family.  We are NOT prohibited (from owning firearms) persons.

Can the widow meet us at her local FFL dealer (in Wisconsin) with the rifle and have them do the transfer paperwork (4473), and can my wife take possession of the rifle there (in Wisconsin) and bring it home if the 4473 is approved at the Wisconsin FFL?

18 USC 922 (b)(3)(A) appears to say this is legal:


18 U.S.C. 922. Unlawful acts

(a) 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;

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
View Quote


Can a FFL holder here confirm?
7/24/2025 2:05:18 AM EDT
[#1]
For a rifle ? (Long gun)
BOS hand written and go.
7/24/2025 6:41:29 AM EDT
[Last Edit: HansohnBrothers][Edited] [#2]
Originally Posted By Mad_Anthony:

We are Indiana residents and occasionally drive to Wisconsin to visit family.  We are NOT prohibited (from owning firearms) persons.

Can the widow meet us at her local FFL dealer (in Wisconsin) with the rifle and have them do the transfer paperwork (4473), and can my wife take possession of the rifle there (in Wisconsin) and bring it home if the 4473 is approved at the Wisconsin FFL?
View Quote
Yes, for rifles and shotguns, what you recommend is perfectly acceptable. Handguns, receivers and anything else has to go to your Indiana FFL. But since you travel to Wisconsin, probably easier to arrange it that way. We've done many transfers for out of state family members.
www.HansohnBrothers.com
7/24/2025 6:44:57 AM EDT
[#3]
Quote History
Originally Posted By Haveme1:
For a rifle ? (Long gun)
BOS hand written and go.
View Quote
Absolutely not.  All interstate transfers of firearms must involve an FFL.
www.HansohnBrothers.com
7/24/2025 1:39:46 PM EDT
[#4]
Quote History
Originally Posted By Haveme1:
For a rifle ? (Long gun)
BOS hand written and go.
View Quote

You should probably stop giving advice that is a violation of federal law.

FFS.
Attached File
Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
https://www.youtube.com/watch?v=pELwCqz2JfE
7/24/2025 1:55:53 PM EDT
[#5]
Thank you for the helpful information thus far.  

Another question I have is does the FFL need to "buy" the rifle from the widow in order to log it into their books so they can sell it to my wife in order to be in compliance with 18 USC 922 (b)(3)(A)?
7/24/2025 2:41:50 PM EDT
[#6]
Quote History
Originally Posted By Mad_Anthony:
Thank you for the helpful information thus far.  

Another question I have is does the FFL need to "buy" the rifle from the widow in order to log it into their books so they can sell it to my wife in order to be in compliance with 18 USC 922 (b)(3)(A)?
View Quote
No, FFLs can facilitate private party transfers. There's a box to check on the 4473 for that purpose.
In the long term, tax stamps and prostitutes are cheaper.
7/24/2025 8:52:06 PM EDT
[#7]
Quote History
Originally Posted By nvgeologist:
No, FFLs can facilitate private party transfers. There's a box to check on the 4473 for that purpose.
View Quote


I figured that was the case.  The wording in the USC was just raising a question in my head.
7/25/2025 8:20:01 AM EDT
[#8]
ATF actually has instructions specifically for private sales and transfers.

https://www.atf.gov/firearms/docs/guide/facilitating-private-sales-federal-firearms-licensee-guide/download

www.HansohnBrothers.com

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