Firearm transportation question

[SecondsCount]

Asking for a friend

Truck driver, currently in Alaska on business, home residence is Colorado, has an opportunity to purchase a couple 10/22s and an M1 Carbine from a private owner.

Is it legal to bring them back across state lines because they are long guns?

If he stores them in his truck, unloaded, etc- Is it legal for him to cross the border back thru Canada as long as he declares them?

[MickAK]

I don't know about any peculiarities in CO law that would prohibit that but everything else is a yup.

http://www.adfg.alaska.gov/index.cfm...rticles_id=695

ETA: He might want to call the border checkpoint that he's going through to check about the M1 Carbine before he pulls the trigger since they apparently just passed a new law shifting some stuff into the prohibited category.

[whomever]

If he is not an Alaska resident, they need to take them to an FFL to do the transfer. Unlicensed residents of different states can't legally transfer firearms w/o involving an FFL (with an exception for inheritance).

I'm not up on the Canada thing - years ago long guns were easy - but now there is paperwork. One piece of that is paperwork, from the U.S., that you are exporting them, so you can import them again when you cross back to the U.S. Or something like that. I'd look into shipping (maybe the FFL they use in Alaska could help?), or maybe taking the Alaska Ferry.

Colorado may have requirements as well, I dunno. WA, for example, I think now requires you take inherited firearms to the FFL and transfer them to yourself :-(.

[WobblyPossum]

If he is not an Alaska resident, they need to take them to an FFL to do the transfer. Unlicensed residents of different states can't legally transfer firearms w/o involving an FFL (with an exception for inheritance).

This is true for handguns. It may, or may not, be true for long guns depending on the laws of the states in question.

[whomever]

This is true for handguns. It may, or may not, be true for long guns depending on the laws of the states in question.

I disagree. An unlicensed person can't (legally!) buy a handgun out of state, even from an FFL.

An unlicensed person can buy long guns from an out of state FFL (if legal in their home state, ...).

But two unlicensed people from different states can't transfer guns without involving an FFL unless one of them dies :-).

Here is the ATF's view:

"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. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state."

https://www.atf.gov/firearms/qa/whom...arms-under-gca

[MickAK]

Here is the ATF's view:

"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. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

You're confusing shipping it to a person with a face to face sale.

[Malamute]

If theres any issue with the M1 carbine through Canada, he can probably ship it from himself, to himself, without an FFL, in care of another person on the other end, but the other person cant legally open the package, only the actual original shipper/owner. It works that way for handguns for exactly this reason, to allow firearm owners to ship their own guns to themself around Canada. This is for common carriers as far as handguns, not US Mail. Not sure if US Mail will allow an unlicensed individual shipping a long gun but I think its fine. An unlicensed individual cant ship a handgun by US Mail.

[AKDoug]

I assure you that many, many people will sell you long guns all day long in Alaska and won't even ask you for ID.

At the border you will be required to fill out a RCMP form 5589 and pay $25 per firearm. https://www.cbsa-asfc.gc.ca/import/i...a-eng.html#_a6

They need to be unrestricted firearms, which you can research here. https://www.rcmp-grc.gc.ca/en/firearms/classes-firearms

The 10/22's are not going to be an issue. I'm pretty sure the M1 Carbine is.

If it were me, I'd box them up and US Priority mail them to my home address.

When mailing firearms I do not declare them. I answer their questions in regards to liquids and prohibited items (which firearms aren't). Typically I just print off a Priority Mail label and drop them off at the window. Nobody ever asks what's in the box.

[whomever]

You're confusing shipping it to a person with a face to face sale.

Could you help me out and point out the face to face sale exemption:

https://www.law.cornell.edu/uscode/text/18/922


Or see this: "All face-to-face firearms transfers must be between residents of the same state, in that state."

https://www.luckygunner.com/lounge/p...uns-face-face/

Or: "Under federal law, an unlicensed (non-dealer) may only “transfer” a firearm to another unlicensed person in the same state. This means that if a person is a resident of Florida, federal law prohibits the person from directly (not through a dealer) selling or transferring the firearm to a resident of another state. Federal law makes these transactions illegal from both the buyer/transferee and seller/transferor perspective. It is illegal for a private individual to transport into or receive within his own state a firearm which was purchased in another state from a private seller. See 18 U.S.C. §922(a)(3). Likewise, it is illegal for a private seller to sell or deliver a firearm to an individual whom the private seller knows or has reason to believe is not a resident of the seller’s state. See 18 U.S.C. §922(a)(5)."

https://thefirearmfirm.com/private-gun-sales/


Or if you trust the NRA: "Federal law for interstate gun sales and other transfers – those occurring between two people who are not Federal Firearm Licensees (FFLs) who live in different states — is pretty straightforward. A person who is not an FFL cannot acquire a handgun from anyone – an FFL or any other person – who lives in another state. A person (the “transferee”) acquiring a long gun must do so through a licensed dealer (FFL)."

https://www.nrablog.com/articles/201...ate-gun-sales/

[TGS]

When mailing firearms I do not declare them.

Well, that's illegal per 18 USC 922(e), so......