Questions on Buying and Shipping a Firearm from a Private party?

[Rhino]

If I am buying a firearm from out of state from a private party...

1. Are there different regulations on shipping for each state?
2. Can they just ship directly to my local FFL?
3. Do they need to notify who they ship with that it is a firearm?

ALSO: What can I ask for to know that the firearm is being legally sold by them? (making sure it is not stolen or whatever?)

What else should I know or ask for?

Thanks

[Stephanie B]

It'll have to go through your FFL.

So my recommendation is to go talk to your FFL and ask them what they want the seller to do. Then have the seller do that.

[LtDave]

The seller can ship directly to an FFL in your state. You will have to adhere to whatever the regulations are in your state. Some states may prohibit certain firearms being imported (I'm thinking of CA). Some FFL's won't accept shipments from private parties, you need to confirm with your chosen FFL. Seller will usually need to include a copy of their driver's license if not shipping via an FFL. In some cases it is cheaper to ship via an FFL who can use Priority Mail instead of the ups/fedex overnight shipping rates. Yes, you are supposed to declare it as a firearm if using ups/fedex.

There is really no way to check status of a gun you are buying from out of state. You have to rely on the seller. Keep good records of where it came from if it does turn up later as a stolen gun.

[AKDoug]

deleted.. Lt. Dave covered it perfectly.

[Rhino]

The seller can ship directly to an FFL in your state. You will have to adhere to whatever the regulations are in your state. Some states may prohibit certain firearms being imported (I'm thinking of CA). Some FFL's won't accept shipments from private parties, you need to confirm with your chosen FFL. Seller will usually need to include a copy of their driver's license if not shipping via an FFL. In some cases it is cheaper to ship via an FFL who can use Priority Mail instead of the ups/fedex overnight shipping rates. Yes, you are supposed to declare it as a firearm if using ups/fedex.

There is really no way to check status of a gun you are buying from out of state. You have to rely on the seller. Keep good records of where it came from if it does turn up later as a stolen gun.

Thanks my plan was to go through my FFL. Seems to be the easiest way to go.
I just did not know if shipping may be an issue from different states?

Thanks!

[Darth_Uno]

For state laws, you'd have to check. Federal law says:

• All interstate transfers must go to an FFL in the buyer's home state.
• There is no stipulation that it must come from an FFL - that is, a seller can ship it any legal way they choose on their own. But it's not uncommon for an FFL to not accept shipments from individuals. That'd be store policy, and not a legal requirement.
• Non-FFL's can ship long guns only with USPS; only FFL's can ship handguns with USPS.
• There is no legal requirement to ship overnight with Fedex or UPS, or declare that it's a firearm - that is their own policies, and not law. I know some people think they're clever and say it's "machine parts" to avoid the hefty shipping fee; I don't know the consequences or how accommodating Fedex/UPS would be if there was issues (lost, etc) with the shipment and they find out it was, in fact, a firearm.

That said, it's usually cheaper to ship through your FFL than overnight it yourself from a carrier. And less hassle. Some Fedex employees know what's up, others...not so much, in my experience.

[OlongJohnson]

Only thing to add is that some states don't permit a non-FFL to ship the gun - it must be shipped by an FFL. (State/local, not Federal law.) That's the seller's problem, but could become a problem for you and your FFL if the seller doesn't comply with local regs on their end.

[whomever]

"There is no legal requirement to ship overnight with Fedex or UPS, or declare that it's a firearm - that is their own policies, and not law."

The ATF disagrees about the "or declare" part:

"A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm..."

https://www.atf.gov/firearms/firearm...rearms-carrier

[CleverNickname]

"There is no legal requirement to ship overnight with Fedex or UPS, or declare that it's a firearm - that is their own policies, and not law."

The ATF disagrees about the "or declare" part:

"A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm..."

https://www.atf.gov/firearms/firearm...rearms-carrier

However, if you read the actual law, you'll find that the notification requirement doesn't apply if the gun's being shipped to an FFL.

It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped;

So if you want to do a private sale to someone else in your state, by shipping them the gun instead of meeting in person, then you have to notify the carrier (and they will all refuse the shipment as per their stated policies). But if you ship to an FFL, no notification is required.

[Hambo]

There are also FFL holders who won't accept guns from individuals.

If you're ever shipping a gun directly to an FFL, always check the FFL before you ship https://fflezcheck.atf.gov/fflezcheck/