Hypothetical out of state transfer question

[Mattroth54]

As mentioned, I emailed the ATF for further guidance...they responded with an email stating they may take up to 120 days to actually respond.

 

[JettaKnight]

As mentioned, I emailed the ATF for further guidance...they responded with an email stating they may take up to 120 days to actually respond.

 

[John3354]

As mentioned, I emailed the ATF for further guidance...they responded with an email stating they may take up to 120 days to actually respond.

That seems about par for the course.

 

[E7Wrangler]

Does the restriction on interstate sales change if the firearm is a rifle/shotgun versus a handgun? In my past experience you could purchase a long gun out of state from a store/FFL but not a handgun.

By the way thanks to the contributors here, this has been a well reasoned and educational discussion, at least for me.

 

[JettaKnight]

Does the restriction on interstate sales change if the firearm is a rifle/shotgun versus a handgun? In my past experience you could purchase a long gun out of state from a store/FFL but not a handgun.

By the way thanks to the contributors here, this has been a well reasoned and educational discussion, at least for me.

Yes.

In a neighboring state (I'm not exactly sure what's a "neighboring" state), you can buy a long gun, from a dealer in that state, and return home with it. No IN dealer is required.

So, a Buckeye can come to the 1500 and buy a Rem 700 from a dealer and be legit.


The rule of thumb still applies: State lines == FFL required.

 

[Tactically Fat]

FWIW, I transferred a gun to a relative in TX. Went to an ffl here and he said I should see if the TX ffl would accept the gun directly from me. Turns out he would so I didn't have to use an IN ffl. Just went to UPS main office and sent it to the TX ffl.

Yes - that's all up to the receiving FFL. Some don't want to receive incoming shipments from individuals. Always contact a potential receiving FFL and inquire for sure.

And while on the subject: Even though it's not 100% necessary to have an FFL ship a firearm, it's generally much cheaper. An FFL can utilize the USPS flat-rate shipping for items as small as handgun shipping boxes. And be legal in shipping a handgun via USPS. Non FFL-holders cannot legally ship a handgun via USPS. And if you use a common carrier (UPS, FedEx), and declare it a firearm, you'll be required to overnight it and probably pay $50+ for the pleasure. And if you don't declare the contents - and something happens in transit - your claim will be denied.

 

[John3354]

Yes.

In a neighboring state (I'm not exactly sure what's a "neighboring" state), you can buy a long gun, from a dealer in that state, and return home with it. No IN dealer is required.

So, a Buckeye can come to the 1500 and buy a Rem 700 from a dealer and be legit.


The rule of thumb still applies: State lines == FFL required.

I was always under the impression that this was a state by state thing? That this is a state law sort of thing and may be applicable in some states but not others? Or am I mistaken about that? Does this rule hold nationwide?

 

[JettaKnight]

I was always under the impression that this was a state by state thing? That this is a state law sort of thing and may be applicable in some states but not others? Or am I mistaken about that? Does this rule hold nationwide?

Hence my question about the definition of "neighbors".

 

[Tactically Fat]

FWIW, I transferred a gun to a relative in TX. Went to an ffl here and he said I should see if the TX ffl would accept the gun directly from me. Turns out he would so I didn't have to use an IN ffl. Just went to UPS main office and sent it to the TX ffl.

I was always under the impression that this was a state by state thing? That this is a state law sort of thing and may be applicable in some states but not others? Or am I mistaken about that? Does this rule hold nationwide?

States can have more restrictive laws... I bet you wouldn't be able to go to IL and buy a long-gun and walk out with it to come back to IN.

 

[HKUSP]

States can have more restrictive laws... I bet you wouldn't be able to go to IL and buy a long-gun and walk out with it to come back to IN.

Illinois? Why yes, you can actually. Here's a link http://www.gatguns.com/il-gun-buyer-faq/

One thing not discussed a lot is that if you hold any sort of gun or hunting license as an out of state resident it suffices as an equivalent to a FOID in Illinois. There was an IL supreme court case back around 2008 that settled that.

You'd still have to put up with their stupid waiting period.

 

[Mattroth54]

Update:

I did receive cited guidance from ATF on this situation. To follow the letter of the law, here’s the viable options to get gun collection to Indiana:

1. She can ship guns to Indiana FFL. No FFL needed on her end.
2. She can personally courier guns to Indiana, as long as she follows all laws in states passed through. We can both meet at Indiana FFL and transfer, in accordance with ATF procedure 2017-1, whatever that is.
3. They did clarify I cannot take possession of collection myself, in Pennsylvania and transfer them to Indiana. This constitutes interstate transfer between non-licensees. I’m not totally clear how this is different than transferring them to a courier service for transport to Indiana, but no biggie as she’ll be traveling to Indiana soon enough to make it viable and a non issue.

Easy enough. Thanks for the guidance from all. I’ve learned a bunch.

 

[JettaKnight]

Update:

I did receive cited guidance from ATF on this situation. To follow the letter of the law, here’s the viable options to get gun collection to Indiana:

1. She can ship guns to Indiana FFL. No FFL needed on her end.
2. She can personally courier guns to Indiana, as long as she follows all laws in states passed through. We can both meet at Indiana FFL and transfer, in accordance with ATF procedure 2017-1, whatever that is.
3. They did clarify I cannot take possession of collection myself, in Pennsylvania and transfer them to Indiana. This constitutes interstate transfer between non-licensees. I’m not totally clear how this is different than transferring them to a courier service for transport to Indiana, but no biggie as she’ll be traveling to Indiana soon enough to make it viable and a non issue.

Easy enough. Thanks for the guidance from all. I’ve learned a bunch.

Wow - you got a clear, concise, accurate answer from the BATFE.

 

[Mattroth54]

Wow - you got a clear, concise, accurate answer from the BATFE.

Took a few weeks and some back and forth, but yes. They were not in a hurry, but did actually address all questions with well cited responses.