Out of State FTF Gift/Sale

[Maj. Boom Boom]

Guy's this is from Ma to ME. I have read about sending the firearm (.22 rifle) to an FFL in ME but this would be FTF. So I have 2 questions.

1) Do i/we still need to go to an FFL to transfer it? it's actually a gift if that matters

2) What paperwork needs to be done on the MA end? it's just sending in the FA-10 with Transfer checked, buyer and seller info, right?

thanks

 

[MACGYVR]

From MA to ME, you do not fill out an FA-10.
FA-10's are only for internal transfers in MA or transfers into MA.

You need to take the gun to the ME FFL and conduct the sale/transfer there since you are not a ME resident.

Just be sure to save some sort of bill of sale as evidence that you sold the gun. That little piece of paper comes in handy if the cops trace a gun used in a crime back to you so you can prove it was not you. It's a cover your ass thing.

 

[drgrant]

Must go through FFL in ME. (Well, or for that matter, any other FFL in any free state that would allow two nonresidents to transfer a rifle- so technically, NH would probably work for this, too. )

-Mike

 

[Maj. Boom Boom]

ok thanks guys. i was thinking i had to file the fa-10 as the cover your a** thing, showing i didn't have it.

 

[Maj. Boom Boom]

hey guys,

do any of you know where i can find the actual law on this?

thanks

 

[Len-2A Training]

It's Fed Law . . . NO FTF between two people who aren't resident of the same state.

The USC and CFR references have been posted many times in the gun laws sub-forum. Go to www.atf.gov and check their online Q&A for firearms and you should find it. A search of NES would likely be futile given the current search mechanism for vB.

 

[Maj. Boom Boom]

It's Fed Law . . . NO FTF between two people who aren't resident of the same state.

The USC and CFR references have been posted many times in the gun laws sub-forum. Go to www.atf.gov and check their online Q&A for firearms and you should find it. A search of NES would likely be futile given the current search mechanism for vB.

thanks len. yeah i came up empty on the search here and on another site. i'll try your link.

 

[Maj. Boom Boom]

OK here is what I found:

(B16) What recordkeeping procedures
should be followed when two
private individuals want to engage
in a firearms transaction?
When a transaction takes place between
private (unlicensed) persons
who reside in the same State, the
Gun Control Act (GCA) does not require
any record keeping. A private
person may sell a firearm to another
private individual in his or her State of
residence and, similarly, a private
individual may buy a firearm from
another private person who resides in
the same State. It is not necessary
under Federal law for a Federal firearms
licensee (FFL) to assist in the
sale or transfer when the buyer and
seller are "same-State" residents. Of
course, the transferor/seller may not
knowingly transfer a firearm to someone
who falls within any of the categories
of prohibited persons
contained in the GCA. See 18 U.S. C.
§§ 922(g) and (n). However, as stated
above, there are no GCA-required
records to be completed by either
party to the transfer.
There may be State or local laws
or regulations that govern this type
of transaction. Contact State Police
units or the office of your State Attorney
General for information on any
such requirements.
Please note that if a private person
wants to obtain a firearm from a private
person who resides in another
State, the firearm will have to be
shipped to an FFL in the buyer's
State. The FFL will be responsible for
record keeping. See also Question
B3.





(B3) 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.

 

[vellnueve]

Coulda just read the sticky.

http://www.northeastshooters.com/vbulletin/threads/16165-Summary-of-laws-regarding-Interstate-sales-transfers.

 

[Maj. Boom Boom]

lol i did go looking, i guess i just missed it. thanks


EDIT: actually i just read the thread you linked and it does not have the actual law posted. so as it turns out i did have to go looking for what i posted above.

 

[vellnueve]

lol i did go looking, i guess i just missed it. thanks


EDIT: actually i just read the thread you linked and it does not have the actual law posted. so as it turns out i did have to go looking for what i posted above.

What you posted isn't the law either, just an FAQ referring to the law.

 

[Maj. Boom Boom]

right, I've been looking for the exact law and haven't yet found what i am looking for. I posted what i did find in case someone else knew where i could find the exact law.

here is my problem. I have a friend in Maine whom i plan on giving a .22 rifle. he is under the impression that we don't have to go to an FFL, from this board i know better. But i would like to be able to prove it to him with the actual law.

I'll look some more when i get back from picking up the wife.

 

[M1911]

Just prove it to him by pointing him towards the ATF Firearms FAQ, which you've already found. If he won't believe the ATF web site, then there's not much you can do.

 

[Maj. Boom Boom]

found it

§ 922 Unlawful acts.


(5) for any person (other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
8
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;

 

[Kevlar]

See also:

18 U.S.C. 922(a)(3)
18 U.S.C. 922(b)(3)
18 U.S.C. 922(d)
27 CFR 478.29
27 CFR 478.30

 

[Jose]

Why on God's earth would you NOT believe an FAQ answering your question on the website of the Bureau of Alcohol Tobbaco Firearms & Explosives?

How likely is it that they are wrong?

 

[Sully]

Why on God's earth would you NOT believe an FAQ answering your question on the website of the Bureau of Alcohol Tobbaco Firearms & Explosives?

How likely is it that they are wrong?

/would you give one of your firearms, or any firearms, to someone so negligent of law?

 

[Maj. Boom Boom]

it's not that he wouldn't believe it, it is that I wanted to have the actual rule of law to show him.