If I was to want to sell a rifle I own, could it be done thru the mail between two private individuals? like someone buy it, put the money on my paypal, and I ship it directly to his home. or would I need some license of some sort? I was just curious if this was legal or illegal? I picked up another bubba'd M44 to either make a few bucks, trade it or just keep it. but I don't want to break any laws either. appreciate any advice.
Here in Nebraska you can make deals like that, however the firearm would have be shipped to an FFL holder. Most gunshops here in Lincoln charge the purchaser around 25 bucks to have it picked up.
Nope. Illegal as hell. Gotta be transferred through FFL's, and the buyer has to fill out a Form 4473. Now, a face-to-face sale to a buyer within your own state is usually legal, but you live in NY, so who knows.
When I lived there I was scared to let anyone know I HAD guns. Especially when I found out the S&W I'd owned for years and brought with me from OK could have put me in prison because I didn't have a ****ed NY PERMIT to own my own handgun that I'd owned for years! Not a permit to BUY or CARRY, but just to even OWN it! And it was MINE TO BEGIN WITH! I'll never live in that state again, I gar-on-tee.
Gotta ship it to an FFL on the buyer's end.
Be sure to include a color photocopy of your driver's license with your current address on it.
Also include the buyer's name and contact information, so they know who to call when it arrives.
After looking at the ATF website and the New York State police site :Firearms FAQs, it seems that you could legally ship it to someone in New York state without going through an FFL dealer. Any interstate sales must use an FFL dealer.
The only statutes listed on the NRA-ILA and state websites concern private sales at gun shows. The information on the ATF website specifically permits intrastate shipment between private individuals.
That said, I would not make such a transaction without consulting the local state police office.
According to the ATF, you can ship a sold firearm to a buyer anywhere in your state of residence; you cannot ship directly to a buyer outside your state without going through an FFL dealer in the state of the buyer. This does not, however, include NFA firearms.
Unloaded rifles and shotguns may be shipped via USPS, pistols must be shipped by commercial carrier.
If you'd like to verify this, go to www.ATF.gov and check the FAQ section concerning private domestic sales.
Interstate transfers are governed by the Feds (BATFE) and regulations are that the receiving party must have an FFL. Not the sender. But that is not the question here.
A transfer within NY state would be governed by State law. I have no idea what laws apply within NY, but those laws are the ones in question. Those are the laws that could jack you up if you violate them.
Even here in California, transfers within the state on certain firearms need not go through an FFL holder. Just saying you have to know YOUR state laws.
One thing not yet mentioned is you can send that particular firearm to a C&R FFL. The C&R FFL is not a FFL dealer and does not have to fill out any ATF forms.
Q: May a nonlicensee ship a firearm through the U.S. Postal Service? A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
Gunney, what cheapblaster said is what you need to be looking into. Clearly the BATFE rules would not prevent you from mailing intrastate to another non-licensed individual.
You need to determine if the state of New York has any state laws preventing you from being able to legally do that.
All I know is is that if I ever have the need to ship a gun somewhere, I'm gonna use my ability as an ffl 03 holder to do an ffl to ffl transfer. That way I'm covered, as is the buyer of the gun. If I'm getting a bit extra than what the actual price of the gun is I may even pay for the pickup fee if transferred to a gun shop.
I'd never want to do a private party sell without meeting the person first, anyways, in all honesty.
I've done several purchases without meeting the seller, always done well. I have an IBM M1 Carbine that I bought from Jimb2 here that's a real sweetheart. Have an Inland I bought from another feller, can't remember who or what forum. Have an Enfield I bought that way, **** nice one. Few others too.
__________________
Ever feel like the world's a tuxedo, and you're a pair of brown shoes? - George Gobel
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or 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)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: May a nonlicensee ship a firearm through the U.S. Postal Service?
A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]
There ya go, John...
You can ship a rifle (not handguns) via USPS intrastate only to a non-ffl.
If you want to ship out of state, it must be to an FFL holder.
If you had an 03 FFL, you could ship interstate to another FFL (03 or other) holder.
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