Selling C&R rifle out of state.

[whitsend]

Ok guy, my Google-Fu is not working real well today.

I have an old rifle, C&R, for sale, I'm in LA and the buyer in MS.
Neither of us has a 03 FFL (C&R) so it is just an individual sale.
FTF meetup, are we required to us a FFL dealer?

I know if it was a modern rifle we would have to use a dealer in MS or LA, and if it was a handgun we would have to use a dealer in MS.

I'm just not finding any direction online.

Thanks,
Whitsend

 

[whitsend]

My research indicates that my initial belief was correct.

Must use FFL even for C&R.

https://www.atf.gov/qa-category/unlicensed-persons


https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

To whom may an unlicensed person transfer firearms under the GCA?

A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may 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)(5) and 922(d); 27 CFR 478.30, 478.32]

https://www.atf.gov/firearms/qa/are-curio-or-relic-firearms-exempt-provisions-gca

Are curio or relic firearms exempt from the provisions of the GCA?

No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.

[18. U.S.C. 921(a)(3) and (13) and 923(b); 27 CFR 478.11]

 

[whitsend]

It appears that we have to use a FFL in MS since the purchaser is in MS?

https://www.atf.gov/questions-and-a...on-receive-firearm-his-or-her-state-he-or-she

How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?

An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]

 

[Trailboss]

FFL licensees can sell or transfer long guns (not handguns) to out-of-state residents if the laws of both states are met (some states still limit this to adjacent states only which mirrored an old federal law repealed in 1986, and some states require firearm purchase/owner permits). Meaning that the MS resident can use a LA FFL for the transfer. You would have to use a MS FFL for a handgun transfer. NOTE: Not all FFLs know the non-resident sales regulations.

§ 478.29 Out-of-State acquisition of firearms by nonlicensees
...
b. Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and ...

§ 478.96 Out-of-State and mail order sales.
1. A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if—

i. The purchaser meets with the licensee in person at the licensee's premises to accomplish the transfer, sale, and delivery of the rifle or shotgun;
...