Question On Transporting a Rifle Across State Lines to Sell

jackie schmidt

jackie schmidt

New member
I have been asked to take one of Bob Estes's Rifles to the Nationals in St. Louis to see if I can sell it for his Estate. (I am a Texas Resident).

Can I legally do this, sell a Rifle, (more like "deliver"), that I do not own to a resident of another State, or does such a transaction have to go through a FFL holder?? I thought I had better ask........jackie
 
I may be wrong, but I think it will be illegal unless you go through a FFL.

gt40
 
Jackie, Has to go through FFL if the buyer and seller are not same state residents.(1968 control act) Depending on the rifles owners home state rules, it might be required to be sent from Home state FFL to the receivers FFL. There are also a couple states were the receiving FFL can only take it in if sent from another FFL. Additionally in a couple states the purchaser must have prior approval from the local law enforcement group before taking possession. In other words the purchaser has to get a lic. for that piece/class of hardware. Hope this helps some.
 
Thanks

I had a feeling that there was going to be some legal issues.

I was just trying to help out, since the Nationals is a good place to sell such items. .........jackie
 
I don't believe that it tells you how it needs to be transported. I believe Jackie can transport it and several FFLs will be there,Ron Hoehn, and they can do the transfer. I have not found where it says the rifle has to go USPS, UPS, Fedex, or whatever.
Butch
 
Rifle transport

There are some special rules on selling for an Estate. There is more flexibility.

I'm not sure of all the rules, however I just handled a sale for an Estate and discovered are some differences in the "rules".
 
Jackie,
It might also be state specific. I think in Oklahoma an auctioneer selling an estate can sell long guns and maybe pistols, without a FFL. I have been to estate sales where long guns have been sold and I knew the auctioneer was not a FFL. I think pistols were also sold but can't remember for sure. Seems like your situation might fall under that. Don't really know who you would check with other than the BATF and nobody wants to go there. A good auction company might have an answer for you.

Donald
 
I "think" Taildrag15X is right on the money with his link. "The information is out there"....although this stuff is sometimes hard to decipher!

One way is to use "an FFL holder from his state." (B3) Hopefully there's one at the meet.

Meantime Jackie you can transfer to any dealer at the show (B1)

OR, (B2) a transfer may be made person-to-person IN ANY STATE as long as the transfer occurs at the premise of a licensee..... I read this to mean that you, Jackie, could drive to a dealer with the buyer and make the transfer there. It does say "at the licensees' premises" and IMO this means wherever the licensee is set up...... could be a show booth? The licensee (dealer) is there, with his license.....


This link is to the same site as Taildrag shows but is directly linked to the page, scroll down to B1, B2 and B3

(http://www.atf.gov/firearms/faq/faq2.htm)


hth



al
 
If a tree falls in the forest and no one is there to hear it, does it really make a noise? If a gun crosses a state line and there's no LEO to see it, does it really happen?:D
 
Sometimes and I repeat, sometimes it is just best to go ahead and do what you want to do without asking the authorities. Not that I would recommend that. ;)

Donald
 
The best legal advise I ever received was from a wise old lawyer:

"The best legal advice is not always the best business advice."

Concho Bill
 
I Got It

I am going to take just the platform, NOT THE BARRELED ACTION. Most shooters want their ownbarrel anyway.

This is a very good Rail Gun platform. Bob won the Gulf Coast Region 100 yard last spring with it. ........jackie
 
Good and Bad Advice..

Don't put your butt in a legal situation when it is easier to do it right from the get go.

Do the transfer throught a FFL for out of state transfers.

Paying a little shipping and a transfer fee to an FFL is better than getting charged with a state or federal felony. Remember they get the people on both ends of the transaction.

Ignorance is not an excuse.

The BATF agents read these websites as they are on a public forum.

They could have an agent standing by just waiting to see an ileagal transaction. That is just another notch in his belt.

Then he goes back to this website and uses postings to provide agrevating circumstances to his charge.

He might even get one or two of the posters with a conspiracy charge.

If you will read the elements of the charge "conspiracy", you would be real surpised how easily one can be charged with conspiricy.

I know there will be several post following this that say BS.

Just let me say I have 33 years of Lawenforcement experience and while I am in Federal court routinely, I see the BATF in the court room regularily with simular cases.

Nat Lambeth
 
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Ron Hoehn as well as others will be there with their FFL's. Just have the buyer pay them a transfer fee....nice and legal.

Hovis
 
jackie schmidt said:
I am going to take just the platform, NOT THE BARRELED ACTION. Most shooters want their ownbarrel anyway.

This is a very good Rail Gun platform. Bob won the Gulf Coast Region 100 yard last spring with it. ........jackie
Click to expand...

A rail gun without the barreled action is just a stock. No problems at all with anything FFL related. See you in St. Louis.
 
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