Selling Firearms

March 21, 2004 4:02 PM

What are the legal requirements for selling a firearm to an out-of-state buyer? There's something about having a local gun dealer (FFL licensee) ship to another dealer (FFL licensed) near them, but I can't find any official information from the ATF about it.

I've got a Glock 19 that I'm trying to sell, but the only people who are interested so far are out-of-state. If I *do* end up with no local buyers, I want to follow the letter of the law in exchanging firearms for money.

Any pointers appreciated.
posted by mrbill to Law & Government (7 answers total)

Not surprisingly, the NRA has a pretty good guide.
posted by milovoo at 4:23 PM on March 21, 2004

Response by poster: All I can find in that regarding interstate sales is in section 5861, "Prohibited Acts":

It shall be unlawful for any person:
...
(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter

I can't seem to find any actual guides on "how to properly and legally transfer a firearm to someone not living in the same state as you".
posted by mrbill at 4:35 PM on March 21, 2004

That's because it is illegal to do so - More NRA:

An individual may not sell a firearm to a resident of another state, or an ineligible person. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.

Mail-order sales, and other transfer between individuals residing in different states, are prohibited. Firearms may be transferred between dealers licensed in different states, for subsequent sale to an individual.

So, everything must be done through licensed dealers if your buyer is from out of state. Your question seems to reduce to "How can I arrange for licensed dealers to complete this sale for me?"
posted by crunchburger at 4:44 PM on March 21, 2004

When I arranged a similar transfer, my local gun dealer had a very simple procedure and had their forms all ready. (and a fixed list of fees) I think they did all the receiver ID confirmation - although I didn't need that part. Here are a few more specific links.

Do you have a local dealer that you know and/or like?

(I seem to recall that there is some loophole about meeting in person to swap, like gun shows, but I just can't remember the specifics - there used to be a gun trading site based on this loophole, but I'm drawing a blank on the URL)
posted by milovoo at 7:32 PM on March 21, 2004

Response by poster: I posted the gun to austin.forsale and I found a local buyer thirty minutes later who paid in cash, and signed a bill of sale/transfer as well (listing serial number, etc).

Thanks to the Internet, you too can sell firearms for cash at 8pm on a Sunday night!

Thanks, everyone.
posted by mrbill at 8:35 PM on March 21, 2004

Thanks to the Internet, you too can sell firearms for cash at 8pm on a Sunday night!

i look forward to hearing about this man's violent crime on the evening news. thanks!

i'm just teasing...but you've gotta admit, that's kinda weird.
posted by taumeson at 7:06 AM on March 22, 2004

Response by poster: taumeson: I sold it to someone I knew and trusted; I wasnt going to sell it to just anybody off the street.
posted by mrbill at 9:15 AM on March 22, 2004