Handgun transfer info.

Ken C.

Ken C.

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I'm looking for info regarding the interstate sale of handguns. The net has proven to be fruitless in terms of what I'm looking for.

Here's the scenario....

I live in NJ and have a handgun that I want to sell to an individual in WV. I will be in WV with the handgun when the purchase is to take place. What do I need as far as paperwork (if any) and what does the buyer need? Will we have to go to a dealer with an FFL to make the transfer?
 
In general, whenever a handgun is sold between residents of two different states, you need the services of a FFL holder to log the transfer.

As far as paperwork and such, that is largely an issue of state law. I'd suggest you have your buyer contact the FFL of his choice and ask what they require. Many places (in my experience, at least,) operate under individual policy rather than to the letter of the law, and still others are just plain ignorant. For example, one shop I visited swore up and down that it was purely illegal to transfer a handgun from an individual in another state, under any circumstance. The next said it could be done, but it would have to be shipped from an FFL in the originating state. The third just wanted to know what was coming and from who; no qualms about receiving shipment from a non-FFL. Just because something is legal doesn't necessarily mean a given FFL will know or care, so it's important to sort out the particulars with them first, regarding what they will or won't do. Ask them what paperwork they need, and explain your individual situation to avoid bumps in the road.
 
a member that goes by snow and steel works at a gunshop. he might be able to answer your question. i'll send him this way.
 
I have the number of where the FFL holder who will doing the transfer. I'll give them a call.

Thanks.
 
Yeah, you need an FFL to do the transfer. For standard FFL transfers there is a fee (some charge $20, others $40), where one shop recieves a firearm shipped from another FFL.

Talk to a couple shops in the area and see if they'll handle the transfer which all they do is log it into their book, have the buyer fill out a 4473, call him in and make sure he's okay, then they releive the firearm from their books once the FBI says he's good to go. They'll probably charge you something since no services are free anymore, but $40 for a FFL transfer is cheaper then sending it from and FFL (who'd probably charge you some sort of fee plus actual shipping) plus the transfer fee on the buyer's end.
 
Can a face-to-face sale through an FFL be completed in the state of which the purchaser lives?
 
Ken C. said:
Can a face-to-face sale through an FFL be completed in the state of which the purchaser lives?
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As long as the FFL logs (and relieves) the handguns in their books and the buyer fills out a 4473 I don't see why you can't be present, the FFL acts like a intermediary for legal purposes.

To ship a firearm, it must be shipped to and from a FFL, but I don't know why you can't physically give a FFL holder a firearm to transfer to another.

Ken, this is a really good question, I'm not quite sure.
 
M67 said:
As long as the FFL logs (and relieves) the handguns in their books and the buyer fills out a 4473 I don't see why you can't be present, the FFL acts like a intermediary for legal purposes.

To ship a firearm, it must be shipped to and from a FFL, but I don't know why you can't physically give a FFL holder a firearm to transfer to another.

Ken, this is a really good question, I'm not quite sure.
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Not always true - firearms, depending on the State, can be shipped FROM an unlicensed individual but must be received by a FFL. Many FFLs refuse to receive from an individual, even when State law allows. I then find a new ffl. :) This is commonplace.
 
Paddling_man said:
Not always true - firearms, depending on the State, can be shipped FROM an unlicensed individual but must be received by a FFL. Many FFLs refuse to receive from an individual, even when State law allows. I then find a new ffl. :) This is commonplace.
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I did not know that Stacy, I figured it was law in pretty much every state now.
 
Just got off the phone with a WV gun dealer. Good news...

All I have to do it bring my proof of ownership and transfer the weapon to the dealer and it's logged in his book and it is no longer in my name. The dealer then transfers the weapon to the new owner on a 4473. I can retain a copy of the 4473 for my records showing that I no longer own the weapon. WV does not require a permit to purchase a handgun so after that it's out of my hands.
 
Ken C. said:
Just got off the phone with a WV gun dealer. Good news...

All I have to do it bring my proof of ownership and transfer the weapon to the dealer and it's logged in his book and it is no longer in my name. The dealer then transfers the weapon to the new owner on a 4473. I can retain a copy of the 4473 for my records showing that I no longer own the weapon. WV does not require a permit to purchase a handgun so after that it's out of my hands.
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you are lucky lol... usually its more complicated and expensive than that. however it gets better the further south you go
 
M67 said:
I did not know that Stacy, I figured it was law in pretty much every state now.
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Yep... actually have received 3 or 4 handguns transferred directly from an out-of-state individual to my FFL then transferred to me here in Indiana. Not illegal, you just have to secure a FFL who will accommodate. I pay between $10 and no-more-than-$20 to receive/transfer via FFL. Same thing was true in St Louis.

Albeit, one advantage of having a FFL ship it out for you, they don't have to send overnight/air. An individual shipping directly to FFL must use overnight services but the cost difference is still usually less than FFL-Fee+++Ground-Shipping.
 
You are talking about a face to face sale between the seller[you] and your purchaser[the other person] you do not need to do anything but exchange the money for the firearm. It is done every day. Most but not everyone gives the purchaser a simple bill of sale and may or may not keep a copy with the purchasers ID - DL #.

If you feel more comfortable jumping through unnecessary hoops that is fine but if neither your or the purchaser are a licensed gun dealer it is no different that selling your neighbor a used lawn mower.

I could be wrong but don't think so.
 
Unk said:
You are talking about a face to face sale between the seller[you] and your purchaser[the other person] you do not need to do anything but exchange the money for the firearm. It is done every day. Most but not everyone gives the purchaser a simple bill of sale and may or may not keep a copy with the purchasers ID - DL #.

If you feel more comfortable jumping through unnecessary hoops that is fine but if neither your or the purchaser are a licensed gun dealer it is no different that selling your neighbor a used lawn mower.

I could be wrong but don't think so.
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I think you missed the part stating he is from a different state. The only legal transfer of any firearm to someone who lives in a different state must be through an FFL. Regardless of where the two people and the gun is standing.

Face to face with two people from the same state may be completely legal depending on state laws, but most still require authorization number and some more minimal paperwork. Usually only to licensed owners.
 
Unk said:
You are talking about a face to face sale between the seller[you] and your purchaser[the other person] you do not need to do anything but exchange the money for the firearm. It is done every day. Most but not everyone gives the purchaser a simple bill of sale and may or may not keep a copy with the purchasers ID - DL #.

If you feel more comfortable jumping through unnecessary hoops that is fine but if neither your or the purchaser are a licensed gun dealer it is no different that selling your neighbor a used lawn mower.

I could be wrong but don't think so.
Click to expand...

In this instance you are incorrect. The transaction is interstate and the laws pertaining to handgun sales differs. The interstate transfer of handguns requires by Federal law that it be handled by an individual with an FFL. If the sale was conducted by residents of the same state you would be correct.
 
Ken C, could be. I've been fortunate enough to live in FREE states most of my life..registration of my person or the ownership of my personal property, well except for real estate and vehicles, is not required.

Ken, I should have paid attention to your state of residence. I know you do have some firearm ownership restrictions...my duck hunting partner is from your state, if he moved back, suspect many of his firearms couldn't go with him.

Hope your sale goes smooth.
 
Unk... this has nothing to do with his State of residence but rather that this is interstate transfer of firearms, thus covered by the Feds. There can be NO transfer of firearms between citizens of different States without at least one FFL being involved. Without regard to your State of residence.

I can transfer individually without records or State involvement all day long in Indiana... as long as we are both residents of Indiana.
 
Paddling_man said:
Yep... actually have received 3 or 4 handguns transferred directly from an out-of-state individual to my FFL then transferred to me here in Indiana. Not illegal, you just have to secure a FFL who will accommodate. I pay between $10 and no-more-than-$20 to receive/transfer via FFL. Same thing was true in St Louis.

Albeit, one advantage of having a FFL ship it out for you, they don't have to send overnight/air. An individual shipping directly to FFL must use overnight services but the cost difference is still usually less than FFL-Fee+++Ground-Shipping.
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$10-$20 for a FFL transfer? That's pretty cheap, who does yours?

As for the overnight thing, that's what supposed to be done, doesn't mean they all do it though. Then again, UPS says they wont ship handguns but.......

And Unk, Indiana is a pretty damn free state when it comes to firearms, but like PM, Ken, and Nickel said, it's still federal law. A FFL has to be in the equation when it comes to two parties from different states when handguns are involved.
 
M67 said:
$10-$20 for a FFL transfer? That's pretty cheap, who does yours?
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I've used TSG for the last few (love Patti,) but also Azerigian (sp?) and an FFL up in Fishers: Richard? You should have *any* trouble finding a transfer for $20 or less in Indy.
 
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