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Private gun sales- any laws?


Guest wordsworth

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Not knowing too much about transfers (out of state) for pistols (handguns more general), I am thinking (dangerous to start with) and wondering what is best for this deal.

Thinking to buy a gun thru BUD's (KY) cause they have in stock what we are interested in and having it shipped (Free Shipping and no sales tax) to Bud's (TN - Sevierville) where I live.

I understand there is a charge at Bud's (TN) to handle the transfer (FFL, but told it's $20 when it comes from Bud's in KY). I do wonder if that includes the background check. I guess I can get the part of my thinking about shipping to Bud's in TN answered at Bud's (TN) as I live near there.  

I want to gift the handgun (it is a pistol) to my son in GA. As I understand it, I would have to transfer to son in GA thru a FFL in GA. If that is true -- I assume he can locate a dealer there and I could actually carry the gun there and make the transfer. Another FEE.

Might be easier and cheaper for son to buy the gun from Bud's (KY) and have it shipped to a FFL in GA.

Probably stupid questions or thoughts --- but all this is running thru my feeble brain.   

DANG all the different laws for different states anyway.  

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10 minutes ago, PAULSHOOT said:

Not knowing too much about transfers (out of state) for pistols (handguns more general), I am thinking (dangerous to start with) and wondering what is best for this deal.

Thinking to buy a gun thru BUD's (KY) cause they have in stock what we are interested in and having it shipped (Free Shipping and no sales tax) to Bud's (TN - Sevierville) where I live.

I understand there is a charge at Bud's (TN) to handle the transfer (FFL, but told it's $20 when it comes from Bud's in KY). I do wonder if that includes the background check. I guess I can get the part of my thinking about shipping to Bud's in TN answered at Bud's (TN) as I live near there.  

I want to gift the handgun (it is a pistol) to my son in GA. As I understand it, I would have to transfer to son in GA thru a FFL in GA. If that is true -- I assume he can locate a dealer there and I could actually carry the gun there and make the transfer. Another FEE.

Might be easier and cheaper for son to buy the gun from Bud's (KY) and have it shipped to a FFL in GA.

Probably stupid questions or thoughts --- but all this is running thru my feeble brain.   

DANG all the different laws for different states anyway.  

I would have him order it and get it shipped to a GA FFL. Then just give him cash if you want to gift it. Save's a lot of hassle and fees.

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  • 1 month later...
10 minutes ago, RinTN said:

I've searched but can't seem to find an answer to what's probably and easy question related to this topic. 

 

Is it ever legal to *ship* a firearm as part of a private party sale?

It is between two residents of this state, and within this state.

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4 minutes ago, RinTN said:

Wow, learned something new!  Does that go for both rifles and handguns?

Yes, but you can't ship a handgun through the USPS, UPS won't ship to anyone that isn't an FFL, FedEx might do it; I don't know.

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14 minutes ago, JAlexanderMSgt said:

Fedex does.  I dont hold a FFL.  I shipped a gun to S&W, they repaired said gun and shipped it back to me, both ways via FEDEX...

That was to an FFL.

Neither FedEx nor UPS will ship any firearm between non-licensees any longer. And since you can't use USPS for handguns, there is actually no longer any legal way to ship a handgun intrastate between private individuals.

- OS

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On 6/25/2018 at 3:33 PM, Oh Shoot said:

That was to an FFL.

Neither FedEx nor UPS will ship any firearm between non-licensees any longer. And since you can't use USPS for handguns, there is actually no longer any legal way to ship a handgun intrastate between private individuals.

- OS

OS, you seem quite knowledgeable about the TN laws for "intrastate" shipment of firearms. Would it be legal for a TN resident to ship a Ruger 10/22 receiver (has Serial Number) to another TN resident through USPS, UPS, or FedEx? Thanks.

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2 hours ago, Sidewinder said:

OS, you seem quite knowledgeable about the TN laws for "intrastate" shipment of firearms. Would it be legal for a TN resident to ship a Ruger 10/22 receiver (has Serial Number) to another TN resident through USPS, UPS, or FedEx? Thanks.

TN law doesn't address that, it's federal law you need to know. And yes, it's legal to do it. However, the actual practice is problematic.

A firearm receiver is a firearm. So I repeat, Neither FedEx nor UPS will ship any firearm between non-licensees any longer. If you don't declare a firearm to them, you have broken their Terms of Service (big whoop I know ha, except they'll deny any claim, and firearms tend to disappear within their systems), but more importantly, federal law, where you must declare a firearm to the carrier for non-licensee involved shipping.

So the only completely legal option I know is to use USPS (and good luck depending on which clerk you get).

- OS

 

Edited by Oh Shoot
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On 6/25/2018 at 3:33 PM, Oh Shoot said:

That was to an FFL.

Neither FedEx nor UPS will ship any firearm between non-licensees any longer. And since you can't use USPS for handguns, there is actually no longer any legal way to ship a handgun intrastate between private individuals.

- OS

OS is correct about this.  Your only option nowadays is USPS Priority Overnight.  It can be done but in my recent experience you're likely going to need to get the local Postmaster to talk sense into the counter clerk.

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8 hours ago, Oh Shoot said:

TN law doesn't address that, it's federal law you need to know. And yes, it's legal to do it. However, the actual practice is problematic.

A firearm receiver is a firearm. So I repeat, Neither FedEx nor UPS will ship any firearm between non-licensees any longer. If you don't declare a firearm to them, you have broken their Terms of Service (big whoop I know ha, except they'll deny any claim, and firearms tend to disappear within their systems), but more importantly, federal law, where you must declare a firearm to the carrier for non-licensee involved shipping.

So the only completely legal option I know is to use USPS (and good luck depending on which clerk you get).

- OS

 

Thanks, "I can see clearly now"... good song, but seriously, I can see it's quite problematic, and possibly a good way to "loose"  a gun in the mail. Seems it's best to just stick to Face to face or FFL to FFL. Don't want to loose a gun... and don't want to get in trouble with big brother.

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