Can a nonresident transfer a long gun via FFL in state?

[Ioannes]

Sorry for all the questions.

I’m taking a carbine on a road trip from my hometown of Phoenix to East Texas.

I may or may not feel like taking the rifle back with me when I fly back to PHX. Can I, an AZ resident, legally transfer a long gun in Texas, via FFL, to my Texas resident nephew with a 4473?

If it’s a gray area, I wouldn’t do it but if it were clearly legal, I wouldn’t mind.

Any FFLs out there know?

Sorry for the barrage of questions and many thanks in advance for this one too.

 

[Army 1911]

Yes, that is essentially how gunbroker purchases work. They will charge you though.

 

[Glenn B]

Yes you can but there are some catches according to an email I received from ATF on it. Here is the text of that email:

Thank you for your recent inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This is in response to your email, in which you inquired whether a nonlicensee may transport firearms to a State other than his/her State of residence for delivery to a Federal firearms licensee (FFL) in that State who will ultimately transfer the firearms to a nonlicensee resident of that State.

You stated you reside in New York and want to know if you may transport a handgun to an FFL in Arkansas who will subsequently transfer the handgun to your son who resides in Arkansas.

NOTE: Our response pertains only to Federal law. There may be State laws that pertain to this proposed activity. Contact State Police units or the office of your State Attorney General (www.naag.org) for information on any such requirements. Furthermore, this response does not pertain to National Firearms Act (NFA) firearms.

The Gun Control Act of 1968 (GCA) at 18 U.S.C. § 926A addresses the interstate transportation of firearms and states:

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided , That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Please see here which states, in part:

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. (Note: ATF highlighted that last sentence for some reason when all they should have highlighted was the word "generally" imo.) The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

Therefore, under Federal law you may transport firearms in accordance with 18 U.S.C. 926A and hand deliver (in lieu of shipping) such firearms to an FFL in a State other than your State of residence for subsequent transfer to a nonlicensee resident of that State. However, prior to transporting your firearms you must ensure that your possession of such firearms, irrespective of LEOSA, is lawful according to the laws of each State and locality through which you will travel. Please contact State Police units or the office of the appropriate State Attorney General (www.naag.org) for information on any such requirements.

We trust the foregoing has been responsive to your inquiry. Should you have additional questions, please contact your local ATF office. A listing of ATF office phone numbers can be found here.


Regards,

L. Babbie | Firearms Enforcement Specialist
U.S. Department of Justice | Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms Industry Programs Branch
99 New York Avenue NE, Mail Stop 6.N-518
Washington, DC 20226

 

[Glenn B]

Any FFLs out there know?

Most of the dealers with FFLs - to whom I have spoken about such a transfer - did not have a clue that this was legal. In fact some vehemently told me I was dead wrong and one implied rather boldly and nastily that the email, from ATF, which I showed him was a fraud. I still see him often at gun shows and would not wet him with my wiener if he was set afire let alone spend a penny at his table.

I digress, so getting back to the subject:

Asking an FFL holder a question about the legality of anything to do with firearms transactions is often a lost cause, no disrespect intended - just saying what I believe. The reason for it has become obvious to me, they are afraid of getting busted or fined by ATF & losing their FFL. Some seem to outright believe anyone asking them about ATF things, of which they are ignorant, is an undercover agent or a snitch who is testing them (and who can blame the dealers since ATF has a reputation - deserved or not - of screwing them over whenever they get the chance). Of course, there probably are some who must be aware that such things are legal but I could not find one and I asked several dealers in AR about doing such a transaction between me and my son; and I also asked a few in NY for info on the matter before I relocated south and none of them knew either. I was lucky in as much as my son's favorite dealer, in AR, at first said 'no way' to doing the transaction but when he saw the email, he agreed to do it.

I think the best thing you can do, when you have such questions, is to inquire (in writing) of ATF at the start.

 

[tonelar]

what’s happening to your car?

is your nephew 18? is your nephew residing in the town you will be flying out of?

why not just mail your rifle back to yourself in AZ?

 

[Texasjack]

Just a guess, but I'd say that 0.001% of all transfers within a family are done with an FFL involved. If Uncle Bubba in Louisiana wanted to give his firearm to his nephew Leroy in Texas while he was visiting the family, he would probably just do so and who is going to object, unless maybe Leroy decides to hold up a liquor store or something.

On the same general subject, I suspect that if you ask the ATF if you need their permission to drink a glass of water, their answer would probably be, "yes". They seem to think they run everything these days.

 

[Ioannes]

Thanks for the excellent answers and reasoning. I'm going to road trip with my nephew who lives in TX so I can give him a car at the end.

I always travel with a long gun, and wouldnt mind transferring it to him at the end of the line in TX as well if I could.

If it's a no go, I can fly back with it. Nephew just turned 21 so i'l have a beer with him on the way.

Sent from my SM-G935V using Tapatalk

 

[tonelar]

just forget it in the trunk, simple enough for you?

 

[Younggun]

Thanks for the excellent answers and reasoning. I'm going to road trip with my nephew who lives in TX so I can give him a car at the end.

I always travel with a long gun, and wouldnt mind transferring it to him at the end of the line in TX as well if I could.

If it's a no go, I can fly back with it. Nephew just turned 21 so i'l have a beer with him on the way.

Sent from my SM-G935V using Tapatalk

An FFL is the legal way to transfer a firearm to someone in another state.


I guess I don’t fully understand the issue. They’ll probably charge between $25 and $50, depending on if it’s one just getting a small fee for keeping the paperwork or one that wants to bend over anyone not buying from them.


Sent from my iPhone using Tapatalk

 

[Shady]

If your end of the road is in TX

Hand him the gun and the keys and say marry Christmas.

 

[Coyote9]

Sorry for all the questions.

I’m taking a carbine on a road trip from my hometown of Phoenix to East Texas.

I may or may not feel like taking the rifle back with me when I fly back to PHX. Can I, an AZ resident, legally transfer a long gun in Texas, via FFL, to my Texas resident nephew with a 4473?

If it’s a gray area, I wouldn’t do it but if it were clearly legal, I wouldn’t mind.

Any FFLs out there know?

Sorry for the barrage of questions and many thanks in advance for this one too.

Yes, they typically charge $15 to $35 in my area are are easy to find online

 

[Ioannes]

An FFL is the legal way to transfer a firearm to someone in another state.


I guess I don’t fully understand the issue. They’ll probably charge between $25 and $50, depending on if it’s one just getting a small fee for keeping the paperwork or one that wants to bend over anyone not buying from them.


Sent from my iPhone using Tapatalk

Whenever I have transferred to another state, I’ve had my FFL ship to an FFL in another state who then filled out the 4473 for the transferee.

What I’m proposing is to just show up at a LGS in Texas and have the FFL taking my legally owned firearm and filling out the 4473 for my nephew. I figure the 4473 is involved because we are residents of different states.

Here in AZ you can just do private transfer to another AZ resident as long as they are able to legally own a firearm.

Lots of good answers here.

 

[Axxe55]

Just throwing this out there, as hypothetical question of sorts, Is the OP gifting or selling the rifle to his nephew? IF the rifle is a gift, would an FFL and a transfer even be needed? if the latter, with being two different states being involved, Yes very possible an FFL would be needed to perform a transfer.

 

[Ioannes]

Was planning on just giving it to the lad.

 

[ZX9RCAM]

Was planning on just giving it to the lad.

That's all you need to do.

 

[jonevill]

Why make it more difficult than it needs to be? Just give him the keys to the car and the gun and say goodbye. When my Dad passed away in Georgia and I was there for the funeral, my Mom gave me several of Dad's guns. I simply put them in my truck and drove back home to Texas. The more I can keep the government's nose out of my business, the better I like it.

 

[innominate]

An FFL is the legal way to transfer a firearm to someone in another state.


I guess I don’t fully understand the issue. They’ll probably charge between $25 and $50, depending on if it’s one just getting a small fee for keeping the paperwork or one that wants to bend over anyone not buying from them.


Sent from my iPhone using Tapatalk

I think he's just unsure if he can transport the rifle across state lines to do the transfer. Like @Glenn B said. Some ffl's don't know it is legal for a person to personally bring a long gun to them across state lines to do a transfer. It's not something that happens often because who's going to make a trip when they can just ship the gun.

 

[ZX9RCAM]

Why do a "transfer"?

Just gift it to his relative.

 

[smittyb]

 

[beswart]

Sorry for all the questions.

I’m taking a carbine on a road trip from my hometown of Phoenix to East Texas.

I may or may not feel like taking the rifle back with me when I fly back to PHX. Can I, an AZ resident, legally transfer a long gun in Texas, via FFL, to my Texas resident nephew with a 4473?

If it’s a gray area, I wouldn’t do it but if it were clearly legal, I wouldn’t mind.

Any FFLs out there know?

Sorry for the barrage of questions and many thanks in advance for this one too.

If you feel compelled you can hand deliver to a Texas FFL who will log it in his books. If your nephew is 18 or older he can complete a Form 4473 with that dealer. Second option is I believe you can legally gift a firearm to an immediate family member. "Your nephews Mom or Dad"