I have a rifle I bought at a garage sale in the 80's, before CA required background checks on purchase of long guns. Legally if I sell the rifle in CA I am SUPPOSED to do it through an FFL, but what if I sell it out of state? Are there any federal laws at play here or could I ship it directly to an out of state buyer so they can avoid registration costs and hassles?
Selling a rifle outside of a FFL dealer
- Thread starter ratbuster
- Start date
No, It has to be sent to an ffl if crossing state lines.
snert
Silver $$ Contributor
Couple things you should know. Very few other states "register" long guns, except Califorkia, New Gladisvostok York, and maybe New Jerky. But...when a person takes a gun over state lines to sell it, Federal laws get broken. In the free states one can sell to others (each state has own little rules) as long as you are residents.
Josh is correct...an FFL is the way to go. Or move. In the long run, moving might be cheaper!
Josh is correct...an FFL is the way to go. Or move. In the long run, moving might be cheaper!
There is another wrinkle to consider. A few FFL's will only accept out of state transfers from another FFL - not a non-FFL holder. So if you sell the gun to someone in another state you would need to take the firearm to a FFL holder in California and pay him to process and ship the firearm. I do not believe this is a requirement, just reluctance on the part of a few FFL's to deal with citizens they do not know. Ask about the FFL's policy so you'll know up front.
Ken
Ken
I think the only long gun NY requires to have registered is a semi-auto that is encompassed by their definition of "assault weapon".
I have sold 8 or 9 rifles to individuals out of state in the past couple of years and shipped them all directly to FFL's. There was one that wrongly believed that he was not allowed to accept from an individual but I urged him to review the law which he did and then accepted the rifle for his customer.
snert
Silver $$ Contributor
you are correct. In the interest of a short sentence I did not go into that. I also suspect that the OP is doing the same thing in his original post. But then maybe not.
jds holler
Gold $$ Contributor
Sadly now, in Oregon, we are supposed to go through an FFL for any sale; face to face or otherwise. From what I hear,
there is pretty much open rebellion and noncompliance with the new law. I've heard that many sheriffs and law enforcement personnel simply won't enforce the law. That is easy to do with used guns for a few years, but with the passage of time most guns will be traceable to some time after the passage of the law. 
jd
there is pretty much open rebellion and noncompliance with the new law. I've heard that many sheriffs and law enforcement personnel simply won't enforce the law. That is easy to do with used guns for a few years, but with the passage of time most guns will be traceable to some time after the passage of the law. jd
carlsbad
Lions don't lose sleep over the opinions of sheep.
Some of the info above may not be applicable or accurate here in CA.
You are in CA so in CA you have to transfer through an FFL. If you ship it to someone like me in SoCal, then my FFL would have to collect sales tax. However, if you and your buyer walk into an FFL to do a "private party transfer" then sales tax won't be collected. Most FFLs and all that I've dealt with will accept shipments from private parties. Just call them ans ask before you ship it. There can be more rules for pistols but bolt action rifle rules are pretty simple. No 50 BMG is only real restriction. 10 day wait and background check applies. Fees suck for the buyer. You'll get your money and walk away immediately. --Jerry
You are in CA so in CA you have to transfer through an FFL. If you ship it to someone like me in SoCal, then my FFL would have to collect sales tax. However, if you and your buyer walk into an FFL to do a "private party transfer" then sales tax won't be collected. Most FFLs and all that I've dealt with will accept shipments from private parties. Just call them ans ask before you ship it. There can be more rules for pistols but bolt action rifle rules are pretty simple. No 50 BMG is only real restriction. 10 day wait and background check applies. Fees suck for the buyer. You'll get your money and walk away immediately. --Jerry
Your kidding right?
The reason I'm asking is your next reply,
Why ask if you already knew the law?
As for telling a FFL from out of state, he needs to check the law, you need to remember, that FFL's, are bound by Federal and "State/Local" laws. It always seems like this question comes up when someone has a gun they bought and have no idea where it came from and they are trying to unload it onto someone else. ALL buyers should demand every purchase goes through a FFL. CYA...is rule number one in today's world.
The GCA 68 is when this started so if your guns were made after that went into effect there's a record of it somewhere.
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"ALL buyers should demand every purchase goes through a FFL. CYA...is rule number one in today's world."
The Kool-Aid has been obtained and consumed. RIP second amendment.
The Kool-Aid has been obtained and consumed. RIP second amendment.
"ALL buyers should demand every purchase goes through a FFL. CYA...is rule number one in today's world."
I Will Not Comply
I Will Not Comply
chuckshooter
Silver $$ Contributor
once you cross state lines in firearms transfer, it must go to an ffl ..I believe it's been this way since 1968.
why would you risk a federal felony and loose your gun rights to save a couple of bucks. having bought this gun at a garage sale, there is always a risk that it is stolen. then you would be in a pickle
why would you risk a federal felony and loose your gun rights to save a couple of bucks. having bought this gun at a garage sale, there is always a risk that it is stolen. then you would be in a pickle
divingin
Gold $$ Contributor
Ditto, from a soon-to-be NY ex-resident.
I have no written records for the purchase of any my firearms.I have always relied on what everyone called a phenomenal memory. I had a heart failure last Dec.and then a five week coma,now,a memory like swiss cheese. Unfortunately I now have to sell everything,the doc says the cancer is winning. Start keeping good records now before you get surprised. Tom
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