Question Re: Out of state firearm trade

[lowendgenerator]

BACKSTORY: Theres a gentleman in Illinois making me a VERY lucrative trade offer on a gun I have for sale. He claims that his FOID card and Utah CC license make it legal for a FTF trade in IN. Everything I know tells me this is illegal, and I'm going to insist that we transfer at an FFL.

My question is this: How many transfer fees need to be paid for a trade? One for each gun, or one per transaction?

Thanks INGO!

 

[IndyGunner]

Most shops are between $25-$35.

 

[45calibre]

usually one per gun

 

[ATM]

BACKSTORY: Theres a gentleman in Illinois making me a VERY lucrative trade offer on a gun I have for sale. He claims that his FOID card and Utah CC license make it legal for a FTF trade in IN. Everything I know tells me this is illegal, and I'm going to insist that we transfer at an FFL.

You are correct.

My question is this: How many transfer fees need to be paid for a trade? One for each gun, or one per transaction?

Are both trade items long guns? A handgun transfer must occur at an FFL in the receiving party's resident state.
If both items to be traded are handguns, FFLs in both states would have to be involved in the transfer process (requiring even more transfer fees and shipping).

 

[straight-shooter]

As stated if their handguns then the best thing is to ship yours to his FFL and he needs to ship his to your FFL.

He pays his transfer when he receives your gun and you pay yours when you receive his gun.

A lot of trust going on in this transaction so proceed with caution. Seeing that the guns will go thru a FFL dealer i would feel a bit easier about it though.

 

[pjcalla]

A quick question about shipping to an out of state FFL:

How do I address the package? Do I just address it to the ffl, and put a note in the box telling them who the firearm goes to? Or do I put the name of the person that the firearm goes to with the ffl address?

Sorry to thread jack, but I need to ship a receiver, and was looking in the FAQ, and this was not addressed. Thanks.

 

[DanVoils]

A quick question about shipping to an out of state FFL:

How do I address the package? Do I just address it to the ffl, and put a note in the box telling them who the firearm goes to? Or do I put the name of the person that the firearm goes to with the ffl address?

Sorry to thread jack, but I need to ship a receiver, and was looking in the FAQ, and this was not addressed. Thanks.

Address it to the FFL holder. Include a detailed letter with who it's going to including his address and phone number as well as yours. You should have already contacted the FFL holder so he should be expecting it.

 

[MrsGungho]

A quick question about shipping to an out of state FFL:

How do I address the package? Do I just address it to the ffl, and put a note in the box telling them who the firearm goes to? Or do I put the name of the person that the firearm goes to with the ffl address?

Sorry to thread jack, but I need to ship a receiver, and was looking in the FAQ, and this was not addressed. Thanks.

contact the FFL you are shipping to as every FFL requires different things.

 

[JettaKnight]

.... He claims that his FOID card and Utah CC license make it legal for a FTF trade in IN....

Ask him for his BATFE employee badge!

Get the FFL to email you his license and ship to that address. Include receipt that identifies the buyer. GTG.

 

[nomadicmutt]

Doesn't an FFL have to do the shipping on this end too, not just the receiving?

Had a friend do this recently, and thats what he had to do...

 

[lowendgenerator]

They're both rifles. I'm not sure how that affects procedure.

 

[printcraft]

They're both rifles. I'm not sure how that affects procedure.

Go through an FFL.

I'm going to say each transfer would be a separate transaction.

I repeat.........
Go through an FFL.
No if's and's or but's.
If he won't do it, tell the agent with the "very lucrative, almost too good to be true offer" bye bye.

 

[Rookie]

Go through an FFL.

I'm going to say each transfer would be a separate transaction.

I repeat.........
Go through an FFL.
No if's and's or but's.
If he won't do it, tell the agent with the "very lucrative, almost too good to be true offer" bye bye.

Agreed. If it's VERY lucrative, then you can afford the ffl fees.

 

[MrsGungho]

Doesn't an FFL have to do the shipping on this end too, not just the receiving?

Had a friend do this recently, and thats what he had to do...

every FFL can require different things, that's why I said to call

 

[lowendgenerator]

Go through an FFL.

I'm going to say each transfer would be a separate transaction.

I repeat.........
Go through an FFL.
No if's and's or but's.
If he won't do it, tell the agent with the "very lucrative, almost too good to be true offer" bye bye.

Agreed. If it's VERY lucrative, then you can afford the ffl fees.

Exactly. I'd love to make this deal happen, but not so bad that I'd be willing to break the law. I've got a feeling the moment I mention FFLs this guy is gonna dissapear. I'll keep y'all updated.

 

[Scutter01]

He claims that his FOID card and Utah CC license make it legal for a FTF trade in IN. Everything I know tells me this is illegal

Yep, don't do it. You're right to go the FFL route. See this thread, which includes the specific Federal statutes that you'd be violating.

https://www.indianagunowners.com/fo...olvers/92851-out_of_state_sales_reminder.html

 

[lowendgenerator]

every FFL can require different things, that's why I said to call

I'm gonna make a few phone calls to FFLs in the area, not only to inquire about their methods and prices, but also to give them a heads up on the situation I'll be dragging into their shop.

 

[ATM]

They're both rifles. I'm not sure how that affects procedure.

That makes it simpler because you should be fine doing the complete transfer for both parties at one FFL location (and in your choice of either state).

 

[lowendgenerator]

Am I doing this right? Thanks again INGO.

Hey XXXX,

I spent some time this morning researching legal precedent for an out-of-state transaction, and we need to transfer at an FFL to keep it legal. I've checked with multiple sources and they all conclude the same. If you still wish to go forward with the trade, I'd be happy to meet you at one of the several FFL dealers in/around Munster. I'll even pay for the transfers.

Thanks,

lowendgenerator

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

 

[nick89302]

Doesn't an FFL have to do the shipping on this end too, not just the receiving?

Had a friend do this recently, and thats what he had to do...

It isn't a BATFE requirement, but some receiving FFLs will require it. It is mostly a way to keep their ass out of a sling when the BATFE does their next inspection.

The receiving FFL needs to know who the gun came from and where it went. A FFL is easy to get that information from. An individual, not so much. Some individual sellers will forget to put a copy of their DL in with the gun, or they will flat out refuse to provide the receiving FFL with that info (). To avoid the hassle and the stupidity that comes with trying to make $30 off a transfer, some FFLs will simply have a blanket policy like that just to cover the lowest common denominator, which can unfortunately be pretty low in the gun owning community.