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Purchasing a rifle from a private seller from out of state

Posted on 8/17/17 at 5:21 pm
Posted by flyAU
Scottsdale
Member since Dec 2010
24851 posts
Posted on 8/17/17 at 5:21 pm
I live in Georgia and am looking to purchase a rifle that is in Tennessee. Would meeting and buying the rifle from person to person and driving it back to Atlanta be OK? Would it be smarter to go through an FFL? This is a first for me so need some expertise on the does and don'ts. I am very certain this rifle has never been used in a crime but would you go through an FFL just to CYA?

Whats the usual way to pay in these transactions? A wad of cash is less than desirable but understand someone not wanting me walking off with a gun until its verified he has the funds.
Posted by cgrand
HAMMOND
Member since Oct 2009
38829 posts
Posted on 8/17/17 at 5:39 pm to
quote:

Would meeting and buying the rifle from person to person and driving it back to Atlanta be OK?

yes

quote:

Would it be smarter to go through an FFL?

only if you have to ship it

quote:

A wad of cash is less than desirable but understand someone not wanting me walking off with a gun until its verified he has the funds

cash or money order
Posted by flyAU
Scottsdale
Member since Dec 2010
24851 posts
Posted on 8/17/17 at 5:57 pm to
So no gotchas with state laws or ATF? I am going to be up there for work and it would save money to not have to ship or go through ffl as long as its legal. The only thing I can think of is covering your butt if it was involved with criminal activity before (this isnt the type of rifle that you would use) and stolen rifle database isnt showing that its been reported stolen. Granted its a Grad student who is selling it so I think I am safe anyway.
Posted by teCh0010
Member since Aug 2017
5 posts
Posted on 8/17/17 at 5:59 pm to
Legally that transfer needs to go through an FFL. Since it is a long gun, it can go through a TN FFL and you can take it back to GA.

Private party transactions are only legal between residents of the same state. Only FFL holders can transfer firearms across state lines, baring some exceptions for items bequeathed via a will.

FFL Holders can sell long guns to residents of other states, as long as the gun is legal in the purchasers home state. It used to only be neighboring states, but I think it has relaxed. I gave up my FFL in 08 so I haven't kept up 100%.

Posted by cdaniel76
Covington, LA
Member since Feb 2008
19699 posts
Posted on 8/17/17 at 6:12 pm to
Posted by flyAU
Scottsdale
Member since Dec 2010
24851 posts
Posted on 8/17/17 at 7:37 pm to
Good info.

So meet him at a gun shop,do the transfer, pay him, drive it home?
Posted by 257WBY
Member since Feb 2014
5619 posts
Posted on 8/17/17 at 8:39 pm to
Pre-arrange with gun shop that you both agree on.
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 8/17/17 at 8:42 pm to
Unless you both live on the border it's probably be cheaper to have him ship it. An individual can ship a gun to anyone with an FFL. Since its a long gun they can use USPS, but if they want to use UPS/FedEx and you're paying the shipping make sure they use a box under 48" or it will be a lot more expensive. Just FYI, running a gun through an FFL doesn't CYA anymore than buying face to face. The FFL can't run the serial and check, if it was a sought weapon used in a crime the cops would already have it thats how they know its the gun theyre looking for and it doesn't create an entry in the "trace trail", that terminates the first time it's bought from a dealer.
This post was edited on 8/17/17 at 8:43 pm
Posted by flyAU
Scottsdale
Member since Dec 2010
24851 posts
Posted on 8/18/17 at 11:00 am to
quote:

Just FYI, running a gun through an FFL doesn't CYA anymore than buying face to face. The FFL can't run the serial and check, if it was a sought weapon used in a crime the cops would already have it thats how they know its the gun theyre looking for and it doesn't create an entry in the "trace trail", that terminates the first time it's bought from a dealer.


I have a company car so the gas for the drive is free.

So if it's not a CYA then it's just what you do to legally transfer it? If I did a person to person purchase is it customary to give each other documents of any sort? Would not going through an FFL be a big gamble on my part?



There are 250 rounds of .308 that come with this so I figure those two combined shipping costs would be around 90 bucks. (Could be way off).
This post was edited on 8/18/17 at 11:01 am
Posted by Propagandalf
Baton Rouge
Member since May 2010
2528 posts
Posted on 8/18/17 at 1:02 pm to
quote:

I have a company car so the gas for the drive is free.

So if it's not a CYA then it's just what you do to legally transfer it? If I did a person to person purchase is it customary to give each other documents of any sort? Would not going through an FFL be a big gamble on my part?


There's no such thing as a free lunch.

No, I didn't mean to confuse you. Non-licensee to non-licensee sales between residents of the same state do not require the firearm to pass through an FFL. Simply meet and exchange cash for gun or the seller can ship it directly to your door. Again, this is pending you are both residents of the same state and there are no local laws against it. This type of transaction is what I was referring to as far as going through an FFL when it is not necessary just to "CYA".

However, in your case, because y'all are not residents of the same state an FFL must be used since the firearm is crossing state lines.

I did a quick conservative quote on FedEX shipping and a 47x10x10 box weighing 30# (14# ammo, 12# gun, 4# packing material) and insured fro $999 would ship from Nashville to Atlanta for $34.66.
Posted by flyAU
Scottsdale
Member since Dec 2010
24851 posts
Posted on 8/18/17 at 2:39 pm to
Damn not bad. Great info.
Posted by X123F45
Member since Apr 2015
27430 posts
Posted on 8/18/17 at 2:46 pm to
Meh. Just buy it and move on.

Run the serial numbers before purchase.

Posted by flyAU
Scottsdale
Member since Dec 2010
24851 posts
Posted on 8/18/17 at 3:10 pm to
well is this a "here is your fine" situation or "here is your cellmate" situation?
Posted by SCwTiger
armpit of 'merica
Member since Aug 2014
5857 posts
Posted on 8/18/17 at 3:22 pm to
I'd just go with cash, hand it to him, get the gun, and go home.
Nobody else would be involved at all, but that's just me.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18774 posts
Posted on 8/23/17 at 7:46 pm to
quote:

well is this a "here is your fine" situation or "here is your cellmate" situation?


Cellmate if they come after you. No white collar resort. A federal pound-you-in-the-arse prison.

Just read about a fellow who was convicted of two counts of willful receipt of a firearm out of state by unlicensed person, in violation of 18 U.S.C. § 922(a)(3). He was having folks buy guns at pawn shops in Shreveport and deliver them to him in Illinois.

Penalty was up to 5 years per count. He was sentenced to two consecutive 5's for a total of 10 years, plus three years supervised release. Affirmed on appeal. He was a pretty busy gun runner, not an average Joe, but don't take a chance.

Found another one where a guy had a gun in his bedroom. He lived in a relative's basement, and his busybody aunt told the cops. Turns out he bought it out of state. 13 months in the hoosegow.
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