LEGALITY: Out-of-state puchase/sale of rifles & shotguns

[special-k]

I, along with others I know (including some on this forum,) have apparently been under the delusion that in person, long-gun purchases & sales between non-licensed individuals from different states are legal (federally speaking.)  Apparently this kind of transaction is not legal according to the ATF's FAQ page:

Q: To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State.  However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]

 

[Kentactic]

I basically knew that. Simply shipping it via FFL service is pretty simple and saves you a drive.

[rah45]

Ah, yet another area of our lives where the Fed govt has no business interfering. 

[JohnyMac]

I did not know that - Thanks SK.

I have never sold a firearm other than through a FFL. Even to my brother, stockpile77.

No politics in this just trying to protect myself.

With that all said, it is totally legal to send through the USPS a long gun. Handgun is OK from FFL to FFL but not needed for a long gun. It does not need to be sent return receipt requested or signature required however I would recommend that though.

[special-k]

Yeah, I have shipped handguns UPS to the original manufacturer for warranty work... I know that's legal, but you should see the look on the UPS employs face when they ask about the contents of the package.     They all scramble to the back of the store to pow-wow with the manager while thumbing through procedural manuals. 

I used to live on the GA/SC border and everyone I knew would regularly buy/sell long guns in person without giving it a second thought.

Strange thing here is that Ohio law specifically allows buying/selling of long guns with residents of bordering states with no mention of the federal prohibition... It's kinda misleading.