Can I sell gun parts to a friend who now lives out of state?

[NH83]

I was watching some YT videos about what to get pre-gun ban if all this gun ban talk bullshit turns into a real gun ban for large cap mags etc. My buddy wants to invest in a few Ar-15 lowers if we can find them. I would buy them and he would send me the money to cover cost of purchase/shipping. I live in NH and he's in California, what does the law say about selling gun parts to someone out of state if we're both private party? I already looked up some info on actual gun sales and something about a FFL which is some kind of license gun shops have? I've never even bought a gun so this whole subject is unknown to me. Sorry for the stupid question but I have to get an answer, I'm not going to do anything that can get me a prison sentence. I'm already feeling the responses will be something like "you're stupid, don't do it" and "Check local gun laws if the parts/guns are illegal in that area first" and so on.. Just need to hear it from experts in the field/knowledgeable owners.

Thanks from NH

 

[Swamp_Yankee]

An AR lower is not a gun part. It is a gun. And any gun sold across state lines must be sent via an FFL (a guy who runs a gun store and has a federal license). If you were sending a lower from NH to RI, you could mail it to an FFL and he would do the transfer in RI. If it is a rifle, it can be sent by a private party to an FFL in the receiving state. If it is a handgun, it has to go from one FFL to another FFL when crossing state lines. You COULD NOT ship it directly to the guy who bought it. Some states allow for private party sales within state borders, but every state is different. But sending anything to CA is tricky because they have a whole ton of laws no one else does and not all lowers that are legal in NH will be legal in CA. Finally, buying a gun for someone else is called a "straw purchase" and is highly illegal. Selling an AR upper to your friend through the mail is perfectly legal because the upper is not the rifle.

 

[Rob Boudrie]

In the "old days" one could purchase an AR lower at an FFL, in person, out of state if legal in your home state. The 4473 was changed to add a third category "frame" which, since not a "shotgun or rifle" may not be purchased from an FFL by an out of state residence.

The only way to legally transfer a frame between two people in different states without use of an FFL's service is for the person supplying the frame to die and have it transferred by bequest.

 

[Kevlar]

.
Welcome to NES!

My buddy wants to invest in a few Ar-15 lowers if we can find them. I would buy them and he would send me the money to cover cost of purchase/shipping. I live in NH and he's in California, what does the law say about selling gun parts to someone out of state if we're both private party?

Under Federal law, firearm transfers between residents of different states require a FFL (Federal Firearms Licensee (i.e. dealer)) to effect the transfer.

AR lowers are classified as "firearms" under Federal law, and as such, require a FFL in the transferee's state of residence to effect the transfer.

Federal law allows you to send a firearm to a FFL in another state, but CA law (with which I am unfamiliar) will dictate whether or not it can then be transferred to your friend.

Hope this helps.

If it is a handgun, it has to go from one FFL to another FFL when crossing state lines.

Not true. There is no Federal law prohibiting a FFL from receiving any firearm shipped interstate from a private party.

 

[Swamp_Yankee]

Not true. There is no Federal law prohibiting a FFL from receiving any firearm shipped interstate from a private party.

You may be right but I am not sure. However, I don't know a single FFL that will receive a handgun via UPS/FedEx/USPS, from a private party. Is that various state laws or just FFL paranoia? I don't know. But once again, in RI or CT where I do my business (among 6-7 different FFLS), none will take a handgun from anyone but an FFL if it is coming across state lines.

 

[crazymikie]

You may be right but I am not sure. However, I don't know a single FFL that will receive a handgun via UPS/FedEx/USPS, from a private party. Is that various state laws or just FFL paranoia? I don't know. But once again, in RI or CT where I do my business (among 6-7 different FFLS), none will take a handgun from anyone but an FFL if it is coming across state lines.

I've purchased multiple handguns that were sent private party to my ffl without issue. Some ffls must be paranoid

 

[Swamp_Yankee]

I've purchased multiple handguns that were sent private party to my ffl without issue. Some ffls must be paranoid

Which state?

 

[Kevin_NH]

First, tell him to get a mailing address in Nevada...

I live in NH and he's in California, what does the law say about selling gun parts to someone out of state if we're both private party? ... "Check local gun laws if the parts/guns are illegal in that area first" and so on.

Getting past the Lower/receiver issue: For anything else inert (not primers/powders/loaded ammo), New Hampshire law and federal law don't care about "parts";' parts are just hunks of metal and plastic. However, California is a not-free state, has it's own restrictions on what can be possessed California.

For info on shipping gun parts, see AccurateShooter.