You are correct. My apologies. When I posted that I had just looked at the ATF's document, which is (incorrect) as I described. I did not look at the actual U.S. Code section. Again, my bad, and my apologies.
There are a couple of lessons here. One is to not rely on third party summaries/descriptions of the law. Secondly, even though that language is in the actual statute, the ATF does not include it in their summary of the law. This could just be an error, or it could be an indication of how their attorneys feel that the statute should be applied.
Regardless, I would not suggest selling a firearm as an individual to a resident of a different state. I am not one who wishes to test the resolve of the Feds in such cases.
Since you asked, I am an attorney by education and training, and practiced in Louisiana for about 10 years, although I no longer practice law. I stopped practicing law to manage my business full time.
