Posted: 8/1/2013 6:08:44 AM EDT
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I thought others might be interested in a firearms transaction that I'm about to make.
I live in NC and I have a guitar that I listed on craigslist to sell. A guy from VA asked me if instead of selling it, if I'd be interested in making any trades. I told him that I wasn't really looking to trade for anything but cash, or maybe firearms - depending on what he had. After a few back and forth emails, he told me that he had a Remington 700 that he would trade and I agreed to it. That got me to looking online to see if I could find regulations regarding the interstate transfer of firearms between two individuals. What I found was that everyone is a lawyer when it comes to this subject. Most threads have a running argument between what you are, or are not supposed to do. No one can even seem to stay on topic. So, I called the local BATF office for my area (which is in Charlotte, NC) and told them I had a question regarding transfer of firearms. After being transferred a couple of times, I talked to an agent and laid out my situation for them. They explained that the sale (trade) of this rifle between residents of Virginia and North Carolina does not require transfer through an FFL licensee. They said that it is perfectly legal for the guy in VA to drive to NC, meet me, fill out bill-of-sale, etc.. and for me to go home with the rifle. The agent went on to say that while it is legal, they strongly encourage people to go through an FFL - not because of the law - but to protect the buyer and seller from any illegal activity such as selling to an unauthorized individual, receiving stolen property, and things like that. They said that going through an FFL puts the onus of checking out the firearm on the dealer, not the buyer and seller, and protects both parties from potential liability, but that it is not a requirement. We did not speak about handguns, any other gun other than the rifle, or any other types of sales. It makes sense, and after the conversation I'll probably get the seller to meet me at a FFL's shop in Northern NC just to make sure that everything is on the up and up and that I'm not getting my self into trouble since I don't really know this guy. I'm not saying that this is the case in every state, or that I'm some legal eagle, but I thought that folks might be interested in my personal experience. Regards, Mark. |
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I can't figure out why a BATF agent told you something that plainly isn't true.
Residents of two different states may not transfer a firearm to one another without an FFL. It is the same in every state, because its Federal law. This is the ATF's own FAQ: The first, second and third questions answer your query. You need an FFL http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-transfer |
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The ATF agent gave you bad information. Firearms cannot be transfered between residents of different states.
Your plan to have the buyer meet you at a NC dealer and transfer the rifle through the NC dealer is legal. http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#gca-unlicensed-acquire Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector. [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30] Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. 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) and (5), 922(b)(3), 27 CFR 478.29 and 478.30] Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer. [18 U.S.C. 922(a)(3) and 922(b)(3)] |
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<-- FFL
1) An FFL is required, since this is the transfer of a long gun the FFL can be in either VA or NC. 2) FFL's have no more idea than Joe Schoe on the street if a firearm is stolen or not. 3) Just like with the IRS, if you ask three people at the ATF a legal question you will get four different answers. |
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Quoted:
I thought others might be interested in a firearms transaction that I'm about to make. I live in NC and I have a guitar that I listed on craigslist to sell. A guy from VA asked me if instead of selling it, if I'd be interested in making any trades. I told him that I wasn't really looking to trade for anything but cash, or maybe firearms - depending on what he had. After a few back and forth emails, he told me that he had a Remington 700 that he would trade and I agreed to it. That got me to looking online to see if I could find regulations regarding the interstate transfer of firearms between two individuals. What I found was that everyone is a lawyer when it comes to this subject. Most threads have a running argument between what you are, or are not supposed to do. No one can even seem to stay on topic. So, I called the local BATF office for my area (which is in Charlotte, NC) and told them I had a question regarding transfer of firearms. After being transferred a couple of times, I talked to an agent and laid out my situation for them. They explained that the sale (trade) of this rifle between residents of Virginia and North Carolina does not require transfer through an FFL licensee. They said that it is perfectly legal for the guy in VA to drive to NC, meet me, fill out bill-of-sale, etc.. and for me to go home with the rifle. The agent went on to say that while it is legal, they strongly encourage people to go through an FFL - not because of the law - but to protect the buyer and seller from any illegal activity such as selling to an unauthorized individual, receiving stolen property, and things like that. They said that going through an FFL puts the onus of checking out the firearm on the dealer, not the buyer and seller, and protects both parties from potential liability, but that it is not a requirement. We did not speak about handguns, any other gun other than the rifle, or any other types of sales. It makes sense, and after the conversation I'll probably get the seller to meet me at a FFL's shop in Northern NC just to make sure that everything is on the up and up and that I'm not getting my self into trouble since I don't really know this guy. I'm not saying that this is the case in every state, or that I'm some legal eagle, but I thought that folks might be interested in my personal experience. Regards, Mark. First post. 13'er Complete bullshit. |