Selling a gun to an Arkansas resident?

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madwildcat
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Selling a gun to an Arkansas resident?

Post by madwildcat »

Looking for a little help here. A friend of mine who used to live nearby and recently moved to Arkansas would like me to build him an AR style rifle. I informed him that I didn't mind, but that I was under the impression I would have to send it via an FFL here to an FFL there to make the transfer. He went to his LGS/FFL who told him "no need for the transfer because its a long gun".

Can anyone confirm or deny that this would be okay? I was under the impression that any gun sales across state lines required an FFL, but I would love to save my bud the expensive of the shipping and transfer if I am wrong.

Any advice is appreciated.
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carlson1
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Re: Selling a gun to an Arkansas resident?

Post by carlson1 »

Long guns are good to go, but NO handguns.
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Unicorn Rancher
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Re: Selling a gun to an Arkansas resident?

Post by Unicorn Rancher »

carlson1 wrote:Long guns are good to go, but NO handguns.
What's your source. ATF seems to think it's illegal for me to buy firearms in a private sale out of state.
madwildcat
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Re: Selling a gun to an Arkansas resident?

Post by madwildcat »

Unicorn Rancher wrote:
carlson1 wrote:Long guns are good to go, but NO handguns.
What's your source. ATF seems to think it's illegal for me to buy firearms in a private sale out of state.
This is what got me. I could have sworn I have heard the rule Carlson mentioned before (when I was younger :mrgreen: ), but for the life of me, I can't find it.
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Re: Selling a gun to an Arkansas resident?

Post by Unicorn Rancher »

ATF says I can buy a long gun from a licensed dealer (FFL) in another state, if it's not prohibited by Texas law or the laws of that other state. Private sales outside Texas (my state of residence) are still a big no-no, AFAIK.
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Jumping Frog
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Re: Selling a gun to an Arkansas resident?

Post by Jumping Frog »

carlson1 wrote:Long guns are good to go, but NO handguns.
You are confusing FFL sales versus private sales between unlicensed individuals.

Stated simply, it is never legal for two private individuals to transfer a firearm across state lines (only exception is a gun bequeathed in an estate.)

Under federal law (various states have more restrictive laws), an FFL can transfer a long gun to an unlicensed resident of a different state, however handguns must always be transferred within the state where the non-licensee acquirer resides.

In the OP's circumstance, federal law does not require transferring twice through two different FFLs. Federal law allows you to send it directly to an Arkansas FFL for the other party to get the rifle. (The converse is also legal: an Arkansas resident could come pick the gun up from a Texas FFL.)
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carlson1
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Re: Selling a gun to an Arkansas resident?

Post by carlson1 »

Jumping Frog wrote:
carlson1 wrote:Long guns are good to go, but NO handguns.
You are confusing FFL sales versus private sales between unlicensed individuals.

Stated simply, it is never legal for two private individuals to transfer a firearm across state lines (only exception is a gun bequeathed in an estate.)

Under federal law (various states have more restrictive laws), an FFL can transfer a long gun to an unlicensed resident of a different state, however handguns must always be transferred within the state where the non-licensee acquirer resides.

In the OP's circumstance, federal law does not require transferring twice through two different FFLs. Federal law allows you to send it directly to an Arkansas FFL for the other party to get the rifle. (The converse is also legal: an Arkansas resident could come pick the gun up from a Texas FFL.)
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Beiruty
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Re: Selling a gun to an Arkansas resident?

Post by Beiruty »

I traded pistols to NY state, FFL to FFL. My FFL would save me trouble to go UPS 1hr away and the hassle of dealing with UPS employees.
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madwildcat
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Re: Selling a gun to an Arkansas resident?

Post by madwildcat »

Jumping Frog wrote:
carlson1 wrote:Long guns are good to go, but NO handguns.
You are confusing FFL sales versus private sales between unlicensed individuals.

Stated simply, it is never legal for two private individuals to transfer a firearm across state lines (only exception is a gun bequeathed in an estate.)

Under federal law (various states have more restrictive laws), an FFL can transfer a long gun to an unlicensed resident of a different state, however handguns must always be transferred within the state where the non-licensee acquirer resides.

In the OP's circumstance, federal law does not require transferring twice through two different FFLs. Federal law allows you to send it directly to an Arkansas FFL for the other party to get the rifle. (The converse is also legal: an Arkansas resident could come pick the gun up from a Texas FFL.)
Just to confirm for the newbie, I can actually mail the gun directly to an FFL near him or have a FFL here transfer it into his hands while he is in town? Would I be able to take the gun to his town in Arkansas and have an FFL there transfer it to him (I plan on visiting him a couple of times over the next year, so driving it up there would likely end up the cheapest option if that is possible)?
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Beiruty
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Re: Selling a gun to an Arkansas resident?

Post by Beiruty »

I guess you can. As long as you can:
1) Your CHL is valid across the state lines where you are going (for a pistol), or
2) You are transporting the firearm in a box stored in the trunk of your car.
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Jumping Frog
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Re: Selling a gun to an Arkansas resident?

Post by Jumping Frog »

madwildcat wrote: Just to confirm for the newbie, I can actually mail the gun directly to an FFL near him or have a FFL here transfer it into his hands while he is in town? Would I be able to take the gun to his town in Arkansas and have an FFL there transfer it to him (I plan on visiting him a couple of times over the next year, so driving it up there would likely end up the cheapest option if that is possible)?
Short answer, yes to all scenarios. However, the receiving FFL should be contacted first to confirm they will accept a firearm for transfer from a non-licensee. Some FFLs will do so, some choose not too (if an FFL accepts a firearm for transfer to someone and the transfer is denied, now the FFL is stuck with a "problem gun" that they cannot transfer).

Also, as clarification for other people who may read this, you used the term "mail the gun". A long gun (rifle/shotgun) can be sent via US Postal Service, but non-licensees may ship handguns only with a common carrier (like Fedex or UPS).

This BATF'r FAQ may be of interest: https://www.atf.gov/content/firearms-fr ... ed-persons" onclick="window.open(this.href);return false;
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
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